In Summary
- The government was accused of failing through the state, with mention of extra-judicial killings, prison conditions and challenges that victims go through when seeking redress.
- The officials cited the Tana Delta attacks that left about 200 people dead and others injured, the Mandera and Mathare killings, shooting in Dadaab camp, extradition policy and burning of suspected witches in Kisii.
- The committee said since its last review in 2008 and with the adoption of a new Constitution for Kenya in 2010, one would expect a better report.
The
Kenyan Government has been taken to task by the United Nations
Committee Against Torture on its commitment to implementing reforms to
address various forms of torture.
Members of the UN
body on Wednesday questioned a report submitted by the government saying
it contained information that contradicts to the reality on the ground.
According to Satyabhoosun Gupt Domah, the report portrays a perfect country which is not the case.
"There is the official side and then there is the reality on the ground.
"It
(Kenya) used to be highly respected and it had high potential but
despite that it smirks of corruption, torture and other forms of
abuses," he said.
Government commitment to improve the
justice system through reforms was a key concern at the two-hour Kenya
review meeting at Palais Wilson in Geneva.
Attorney
General Prof Githu Muigai, who led the Kenyan delegation, presented the
report where the government indicated progress in reforms on
torture-related issues.
The committee said since its
last review in 2008 and with the adoption of a new Constitution for
Kenya in 2010, one would expect a better report.
"The
way it looks, Kenya has carried out important reforms at almost 100 per
cent. When you look at the official side of Kenya, everything looks
perfect. It indicates that better than this cant exist. But at the
grassroots the more it changes, the more it remains the same and gives
the same picture," he stated.
The government was
accused of failing through the State, to deal with with extra-judicial
killings, prison conditions and challenges that victims go through when
seeking redress.
The officials cited the Tana Delta
attacks that left about 200 people dead and others injured, the Mandera
and Mathare killings, shooting in Dadaab camp, extradition policy and
burning of suspected witches in Kisii.
Other cases they
highlighted were claims of torture at mental institutions, detention of
mothers in maternity institutions over unpaid bills and individual
cases of extra-judicial killings.
They demanded an
explanation from the government officials for the case in Mathare where a
woman was killed by a stray bullet during a police operation and the
family advised to seek redress through the court system.
"Why
do you ask the victim to pursue a civil right through court, who not
just act? It is for the state to recognise, to accept and to apologise
to pay the family," said Mr Domah.
He said the
committee learnt from credible sources that the country is still faced
with a systemic culture where those who exercise power over others are
in complicity with those who are mandated to execute justice to defeat
the justice system.
"There is a perception that the
state is failing and it is failing through the police. The credibility
of a state is like the credibility of an individual. It is gained by
ethical practice," he said.
Committee members
questioned government's delay in enacting the Prevention of Torture Bill
which gives specific provisions for handling torture and related
issues.
"There was commitment to present it to
Parliament, but now your report says it is being reviewed by the
Commission for Constitution implementation, what for? Is that not an
excuse despite showing commitment? We want an explanation and
justification," he stated.
Another committee member Mr Xuexian Wang said alternative
reports from Kenya indicate overcrowding still exists in prison
facilities. "In some cases the occupants are twice the capacity," he
said.
He said the committee has also received reports
violation of rights with regard to detention of suspects. He also
questioned the April killing of a footballer in Kasarani and progress of
investigations.
While commending Kenya for hosting
over 600,000 refugees in camps, he said reports of shooting of two
people in 2011 in one of the camps was a great concern.
Mr
Alessio Bruni, another CAT member, asked why the Prevention of Torture
Bill has not been enacted among others and decried the government's
citation of resources as an excuse.
According to CAT
chairperson Claudio Grossman, Kenya has recycled leaders, which is a
hindrance to reforms. "You talk of reforms but keep recycling leaders,"
he said.
The Kenyan team will on Thursday give official response to issues raised at Wednesday's meeting.
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