CAT/C/KEN/CO/2 Investigation of the post-election violence 18. While the Committee welcomes the information provided by the delegation that the Truth, Justice and Reconciliation Commission’s report has been submitted to the President and released, it remains concerned that the report has not yet been considered by the Government and, as a result, its outcome is still unknown. The Committee regrets the lack of publication of the final report of the Multi-Agency Taskforce; it is also concerned at the delay in effectively and impartially investigating the 2007 and 2008 post-election violence, with the result that perpetrators continue to be at large (arts. 11, 12 and 14). Recalling its previous recommendations (CAT/C/KEN/CO/1, paras. 19 and 20), the Committee urges the State party to: (a) Strengthen its efforts to ensure prompt, impartial and effective investigation of all allegations of excessive use of force, torture and extra-judicial killings by the police and the military during the post-election violence, that perpetrators are prosecuted and, on conviction, appropriately punished. All victims should obtain adequate redress; (b) Continue its cooperation with the Prosecutor of the International Criminal Court; (c) Make public the report of the Multi-Agency Taskforce; (d) Ensure that the report by the Truth, Justice and Reconciliation Commission is considered without delay, published, and its recommendations implemented. Refugees and counter-terrorism measures 19. While the Committee commends the State party’s efforts in providing sanctuary to over 600,000 refugees and recognizes the State party’s legitimate national security concerns, in particular with regard to its border with Somalia, it remains concerned by allegations of police violence, including killings, and by the level of sexual and genderbased violence in the refugee camps. It is also concerned by the State party’s failure to effectively investigate, prosecute and punish the acts perpetrated by the security forces during the “special operation” in Mandera, in October 2008; in Dadaab refugee camps, between 2008 and 2010; in Eastleigh between mid-November 2012 and late January 2013. In particular, the Committee is concerned by the absence of an effective investigation into the police killing of two refugees in the Daghaley refugee camp in June 2011 (arts. 2, 11 and 12). The Committee urges the State party to ensure that all police and military operations, including counter-terrorism activities, are carried out in full compliance with the Convention and the State party’s obligations under international law. The State party should promptly, effectively and impartially investigate any allegation of torture and ill-treatment of ethnic Somalis perpetrated by the police and ensure that those responsible are prosecuted and punished according to the gravity of their acts. The State party should compile and publish data on the investigations carry out, including by any committees of inquiry established in this context, and their outcomes. Non-refoulement 20. The Committee notes the information provided by the delegation that the State Party operates an open border policy with Somalia and all asylum applicants are treated in accordance with the State party’s obligations under international and regional conventions on human rights and refugees. Nevertheless, the Committee recalls its previous recommendations (CAT/C/KEN/CO/1, paras. 16 and 17), and notes with concern reports of 6

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