those officials. Mohammed al Asad was one such detainee, who was transferred by Tanzanian officials to Djibouti in 2003, where it is believed he was detained by CIA officials at a secret location, interrogated, subjected to ill treatment and later transferred to another secret detention site.83 • In Kenya, organisations have documented numerous cases of ED of individuals suspected of ties to Al-Shabab by military and police units, including the Directorate of Military Intelligence.75 The Kenya National Commission on Human Rights has documented at least 100 cases of extrajudicial killings and ED of such individuals.76 Case study Andargachew “Andy” Tsege Andargachew “Andy” Tsege, a UK citizen and a prominent figure in Ethiopian opposition politics, was tried in absentia under an anti-terrorism proclamation in Ethiopia in 2009 and in 2012, and was sentenced to death in the first trial and to life imprisonment in the second.84 Neither trial followed due process. • Similarly, in Cameroon and Nigeria, security forces have disappeared hundreds of men and boys suspected of association with Boko Haram.77 • In recent years, the Egyptian Supreme State Security Prosecution has, under the expansive definition of “terrorism,” disappeared peaceful protestors, opposition and human rights defenders.78 This follows concerns raised by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in 2009 about the Egyptian government’s use of exceptional powers to pursue terrorism offences and the use of unofficial detention facilities.79 The WGEID and the Special Rapporteur on Torture sent an urgent communication to the Egyptian government in 2009 regarding the ED of 16 persons who were believed to have been abducted by the State Security Intelligence agents.80 On 23 June 2014, Andy was abducted while transiting through an airport in Yemen by what are believed to be Yemeni intelligence officers acting on the orders of Ethiopian authorities. Andy was rendered to Ethiopia and held in solitary confinement and incommunicado in an unknown location for over a year. It was not until around July 2015 that Andy was transferred to Kality federal prison in Addis Ababa. On 4 February 2015, REDRESS, along with fellow human rights organisation Reprieve, submitted a complaint on behalf of Andy and his family to the African Commission on Human and Peoples’ Rights, calling for Andy’s immediate release and repatriation to the UK. On 29 May 2018, Andy was released from prison after receiving a pardon from the Ethiopian Government. Hatem Al Fathi Al Marghani was secretly detained by the Libyan Security Services from December 2004 to March 2005.81 During the secret detention, he was not informed of charges against him nor brought before a judge. He was apparently detained for his public statements that the Libyan authorities deemed to endanger State Security.82 In addition to those violations perpetrated by the members of State security forces, ED may also be conducted by local law enforcement and police forces as part of “anti-crime” campaigns. In the Democratic Republic of Congo in late 2013, the government initiated “Operation Likofi”, in which police officers forcibly disappeared at least 33 young men and teenage boys as part of an effort to end crime by members of organised crime gangs (“kuluna”).85 As noted by Human Rights Watch, “Operation Likofi reinforced a climate of fear in Kinshasa… many who were targeted Many States, including African States, collaborated with US officials during the “War on Terror” between 2003 and 2008 to capture and render detainees to 74 75 76 77 78 79 80 81 82 83 84 85 HRW, Deaths and Disappearances: Abuses in Counterterrorism Operations in Nairobi and in Northeast Kenya, 20 July 2016. HRW, Kenya: Events of 2015. Ibid. Amnesty International, Where Are They? Their Loved Ones Deserve to Know, 2018. See also HRW, Nigeria: Events of 2017. Amnesty International, Egypt: State Security Prosecution operating a sinister tool of repression, 27 November 2019. Ibid, paras. 222 to 223. Ibid, paras. 224 to 225. UN HRC, Joint Study on Secret Detention, supra note 71, para. 142. UN HRC, Joint Study on Secret Detention, supra note 71, para. 235. UN HRC, Joint Study on Secret Detention, supra note 71, para. 157. REDRESS, Andargachew ‘Andy’ Tsege, Case Report dated 2017. Human Rights Watch, Operation Likofi: Police Killings and Enforced Disappearances in Kinshasa, Democratic Republic of Congo (Nov. 17, 2014). 21 © Free Andy Tsege Campaign ism operations may involve the arrest of suspected individuals without warrant, often by State agents or security officers who are not uniformed or fail to identify themselves.74 For example: