OPEN LETTER TO THE PRESIDENT OF THE REPUBLIC OF KENYA

HIS EXCELLENCY

MR. DANIEL T. ARAP MOI

Paris-Geneva, 1st November 2002

Your Excellency,

The International Federation for Human Rights (FIDH) and the World
Organisation Against Torture (OMCT), in the framework of their joint
programme, the Observatory for the Protection of Human Rights
Defenders, would like to express their deepest concern regarding the
break-in of the offices of the "HUREDICA Violence Victims
Organisation" NGO that occurred in Nakuru, on 26th of October 2002.

According to the information received from the Kenyan Human Rights
Commission, five Criminal Investigation Department (CID) officers
raided the offices of "HUREDICA Violence Victims Organisation,"
alleging that the premises were being used to print counterfeit
Kenyan currency. No evidence was later found related to this
allegation. The officers confiscated documents and files containing
crucial evidence on the ethnic violence reported by the organization.
Despite the fact that apparently the CID has committed itself to
returning the documents on 4th November, the Observatory is concerned
about the use that can be made of the material they contained.

Moreover, the CID officers arrested three officials of "HUREDICA":
the acting Chairman, Mr. Kinuthia, the organising secretary, Mr.
Joseph Kairo Mbugua and the Njoro area representative, Mr. John Ikuma
Kariuki. They were later released after being interrogated for over
six hours in a manner reportedly meant to intimidate them into
abandoning any claims that they have filed against the government and
individuals involved in violence acts.
The Observatory recalls that in the past, "HUREDICA" had already been
the target of harassment; the first chairman of the organisation was
forced into exile after persistent threats and intimidation.The break
in and subsequent arrest of the members of "HUREDICA" occurred seven
days after the release, on 18th October, of a report made by a
Commission of Inquiry called the "Akiwumi Commission" mandated by the
President of the Republic on 1st July 1998 to investigate on
politically instigated violence. The report heavily indicts the
government, the law enforcement officers and the militaries for being
responsible of numerous human rights violations that took place in
the country between 1991 and 1998.

The Observatory fears that this break in may be linked to the
cooperation of "HUREDICA" with the "Akiwumi Commission". Indeed,
"HUREDICA" documents property and lives lost by victims and
survivors, evidence on the responsible and instigators of human
rights violations and has filed claims against the government for
compensation and resettlement.
This attack constitutes a flagrant obstacle to the rights of human
rights defenders guaranteed by the UN Declaration on Human Rights
Defenders, according to which, in particular "every person has the
right, individually or collectively, to promote the protection and
fulfilment of human rights and fundamental liberties at the national
and international level." (article 1) and "everyone has the right,
individually and in association with others, to offer and provide
qualified legal assistance or other relevant advice and assistance in
defending human rights and fundamental freedoms" (article 9.3.c).

The Observatory urges Kenyan's highest authorities to:

i. Condemn this illegal search of a registered organisation,
sanction those responsible and ask for the restitution of all
documents confiscated during the break-in.
ii. Put an end to all forms of harassment against "HUREDICA"
members, and more generally against Human Rights Defenders and
attempts to discredit those who legally fight against impunity in
Kenya;
iii. Ensure the implementation of the provisions of the Declaration
on Human Rights Defenders adopted by the UN general Assembly on
December 9, 1998 in particular under article 1, which stipulates that
"every person has the right, individually or collectively, to promote
the protection and fulfilment of human rights and fundamental
liberties at the national and international level", article 12: "The
State shall take all necessary measures to ensure the protection by
the competent authorities of everyone, individually and in
association with others, against any violence, threats, retaliation,
de facto or de jure adverse discrimination, pressure or any other
arbitrary action as a consequence of his or her legitimate exercise
of the rights referred to in the present declaration." and 9.3.c as
mentioned above;
iv. Guarantee the respect of human rights and fundamental freedoms in
accordance with the Universal Declaration on Human Rights and other
international instruments ratified by Kenya.

We thank you for your careful consideration in this matter.

Sincerely yours,

Sidiki KABA
President of the FIDH

Eric SOTTAS
Director of the OMCT

Organisation Mondiale
Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org