KNCHR: Torture, abductions and arbitrary arrests marred Azimio protests

A government body has exposed the state's response to the three waves of Azimio protests called by their leader, Raila Odinga.

The Kenya National Commission on Human Rights (KNCHR) says torture, abductions, infiltration, misconduct during searches by security agents, delayed access to justice, disrespect for the judiciary, assaults and arbitrary arrests of human rights defenders are among the many disturbing observations it made during the protests.

Speaking at a press briefing in Nairobi, KNCHR Chairperson Roselyne Odede said the events taking place in the country were deplorable and urged the Independent Police Commission to speed up its investigations into allegations of police torture.

"There have been reports of delays and denial of justice to those arrested during the demonstrations, including the denial of bail at the point of arrest as provided for in Article 49 (of the Constitution). The right to a fair trial must be upheld for all citizens," said Ms Odede.

The commission condemned the failure of the police to promptly inform those arrested of the reason for their arrest, the right to remain silent and the consequences of not remaining silent, as well as the right to communicate with a lawyer or a person of assistance.

Brutality

"Breaking into homes, as seen in Kisumu and other places, and making unwarranted arrests while using brutality and torture violates the rights of citizens and infringes on their dignity and the sanctity of their private spaces," said the Knchr boss.

The human rights watchdog expressed concern at the return of a worrying trend where abductions by people believed to be police officers.

This trend, he said, reminds Kenyans of the dark days when security agencies had special squads that carried out such extrajudicial activities.

Although the judiciary is an independent arm of government whose turf must be respected, there have been reports and documented cases of security agents violently dispersing citizens and journalists within court precincts.

Without fear of intimidation

"The commission urges the government to ensure the protection of the judiciary and to uphold its independence so that citizens and journalists can exercise their right to freedom of expression and access to information without fear of intimidation and reprisals," said Ms Odede.

In the same vein, the commission urged demonstrators to behave within the bounds of the law, citing cases of protesters throwing stones at law enforcement officers and destroying personal and public property. KNCHR stated that the law applies to everyone, including civilians.

Cases of increased assaults and arbitrary arrests of human rights defenders were condemned by the commission, which stressed the critical role played by activists in promoting transparency and the protection of human rights in the country.

On the issue of harassment of the elderly and persons with disabilities, as observed in Nyalenda, Kisumu, the commission reminded the police that Articles 53, 54 and 57 provide for the protection and safeguarding of the vulnerable.

Tear-gassed

"It was disheartening to see tear gas being fired into schools, an old lady being beaten up by a policeman, mothers with babies running out of their houses after their homes were tear-gassed and a woman in a wheelchair being beaten up," said Ms Odede.

Doctors were also urged to be true to their calling and treat without fear all victims of police brutality.

There are reports of victims who, for fear of arrest if they seek medication, have chosen to nurse their injuries at home.

With regard to the violations observed in the country, the commission has called on the authorities to speed up the resolution of related legal cases and to ensure access to justice for all arrested and detained citizens.

KNCHR has also called for strict compliance with the law by security forces when carrying out arrests and dispersing protesters and urged the government to guarantee the protection of the judiciary.

"Thorough and transparent investigations must be carried out into allegations of abductions and infiltration of media circles by security agents for the purpose of arresting demonstrators,” the commission said.

"Human rights cannot be suspended, nor are they optional. They must be respected by all people and institutions, in all places, at all times1." 

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