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
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