Human rights training of law enforcement personnel
(18) While acknowledging the existing training programmes on human rights for law enforcement personnel, the
Committee remains concerned that such trainings do not include the prohibition of torture as specific crime of grave
nature and do not reach all relevant personnel who are in direct contact with detainees, including police officers,
prison staff, judges and, including the military and health personnel (art. 10).
The State party should reinforce and expand the human rights training programmes with the objective
of bringing about a change in attitudes and behaviour. Training should include the prohibition of
torture as specific crime of grave nature and should be made available to all law enforcement
personnel enumerated in article 10 of the Convention, at all levels, including to the military and health
personnel who are in direct contact with persons deprived of their liberty.
Use of force by police during post-election violence
(19) The Committee notes with serious concern the numerous reports and allegations of disproportionate use of
force and widespread torture and other cruel, inhuman and degrading treatment or punishment by members of the
police forces during the 2007-2008 post-election violence, including sexual violence and gang rape. In this respect,
the Committee welcomes the establishment of the Commission of Enquiry into Post-Election Violence, takes note
of its recently published report, also known as the “Waki report”, and acknowledges its important findings (arts. 11
and 12).
While taking note of the recently established special task force by the police to enquire on
sexual-related crimes during the post-election violence, the Committee urges the State party to take
immediate action to ensure prompt, impartial and effective investigation of all allegations of excessive
use of force and torture by the police during this period, including sexual violence and gang rape, with
the aim of prosecuting and punishing perpetrators with penalties appropriate to the grave nature of
their acts. The State party should ensure that the victims of post-election violence obtain redress and
adequate compensation.
Extrajudicial killings and enforced disappearances
(20) The Committee is disturbed to learn about consistent allegations of ongoing extrajudicial killings and
enforced disappearances by law enforcement personnel, particularly during special security operations, such as the
“Chunga Mpaka” Operation in the Mandera district in September 2008, and operations against criminal bands, such
as the “Mathare Operation” in June 2007. The Committee is further concerned about the lack of investigation and
legal sanctions in connection with such allegations , as well as about information regarding impediments that
non-governmental organizations face in their attempts to document cases of disappearance and death (arts. 2, 11
and 12).
The Committee urges the State party to conduct immediate, prompt and impartial investigations into
these serious allegations, and to ensure that perpetrators are prosecuted and punished with penalties
appropriate to the grave nature of their acts as required by the Convention. The State party should
take all possible steps to prevent acts such as the alleged extrajudicial killings and enforced
disappearances.
Violence by State agents and access to land
(21) While taking note of the inclusion of the issue of land reform in item 4 of the Kenya National Dialogue and
Reconciliation Agenda, the Committee is concerned about the persistent linkage between widespread violence and
torture by State agents and the problem of land in the State party. The lack of access to land, paired with other social
and economic injustices, are frequently considered as root causes of torture and violence. In this connection, the
Committee is deeply concerned about allegations of mass arrests, persecution, torture and unlawful killings by the
military in the Mount Elgon region during the “Operation Okoa Maisha” conducted in March 2008 (arts. 12 and 16).
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