HUMAN RIGHTS ABUSE

BY  LUKE KAPCHANGA         21/8/2010    

 COMMENTARY  ON HUMANRIGHTS VIOLATIONS.(JOURNALIST AND HUMAN RIGHTS DEFENDER)

Ms Zainab Hamid, mother of Mohammed  Hamid Suleiman who was arrested in connection with the Kampala bombing was photographed screaming and in tears, when she learned that her son could not be produced in the High court.

Suleiman s wife, Ms Zuhura said in her court papers ”it has been more than 24 hours since he was arrested and nobody knows where he is being held”.

Mr. Suleiman was arrested at his South C house in Nairobi  at 10.30pm on 13/8/2010 , and family members had not seen him by Tuesday the following week.

On August 19, the Uganda government confirmed having in their custody a Kenyan terror suspect, Mr. Suleiman since 14/8/2010.

To prevent persons from being unaccounted for, accurate information about the arrest and place of detention, including transfers need to be available without delay to relatives and legal counsels, this according to international humanitarian law.

The right of relatives to information regarding the suspect is an obligation by the State as is recognized under provisions of International Humanitarian Law, human rights law instruments and other international texts

“Living in the dark about the fate of friends and relatives is the harsh reality facing hundreds of thousands of families affected by armed conflict or internal violence. Throughout the World, parents, brothers and sisters, spouses and children desperately seek loved ones with whom they have lost contact”, Jakob Kellenberger , President of the International Crescent of the Red Cross and Anders B. Johnsson, Secretary General of the Inter- Parliamentary Union, writes in the forward in a book, Missing Persons: Handbook for Parliamentarians.

“Their anguish remains acute after the conflict has ended and peace restored. Such unhealed wounds can destroy the fabric of society and undermine the relationships between groups and Nations for decades after the events that caused them”, the forward states further.

Iam not advocating for  the  innocence of, Suleiman and the three others, Hussein Hassan Agade, Idris Magondu and Mohammed Aden Addow the Kenyans who are facing counts of murder, attempted murder and terrorism, in their role played in the twin bomb blasts which killed 76 people in Kampala.

The International humanitarian law- do prohibit terrorism related acts and activities, according to the ABC, of Human rights handbook.

As it notes  that terrorist acts attack  fundamental human rights, urging States not only to have the right but indeed the duty to protect the population from such acts.

The handbook gives the guideline, that Anti-terrorism strategies must comply with provisions of International Humanitarian Law, the International Refuge Convention and Human rights Conventions.

Except when the State is confronted with an exceptional life threatening situation such as direct terrorist threat, then it may suspend certain rights.

And in such situation again, the state authority is reminded to oblige to follow the prescribed procedures , to ensure    that any measures taken respect the principles of proportionality and are of brief duration.

The Kenyan authorities action of giving a helping hand in the fight against terrorism in the region is commendable, but should the government violate International Humanitarian Law to promote peace and law, at the same time?

The basic rights demands that, persons deprived of their liberty, whether interned or detained, shall have the right   to inform any person with legitimate interest, such as close family members or legal counsel.

The suspect at minimum , should inform about the arrest, the location they are being detained, and their state of health.

They are also  authorized to communicate with and be visited by family members, counsel or any other person of their choice, subject only to condition established by law.

Further more, for the suspect to be moved from his location of detention, the spouse, a close relative or any other person with legitimate interest is notified.

Under Humanitarian law and Human rights law, relatives of the suspect have the right to know, the truth regarding the circumstances of the arrest, detention or internment, the progress and results of investigations and fate of victim.

Human rights laws are of perception, that domestic laws and regulations should ensure that persons deprived of their liberty, whatever the reason of their internment or detention, have a right to inform their families, of their arrest, address and state of health and adequate means of communication to be provided.

Am not aware if Kenya is signatory to The International Convention for the Protection of All Persons from Enforced Disappearance2006.

The Convention is the first universal treaty to define  and prohibit enforced disappearance, which is being”, the abduction or detention of a person by agents of the State followed by concealment of the fate or whereabouts of the disappeared person, outside the protection of the law”.

The Convention has prevention safeguards against disappearance, allowing suspects to communicate with family members.

Kenya is not at war nor experiencing internal conflict,  to have state agents, abducting suspects, keeping families in darkness about the victims, and extraditing them without using the right procedures.

The Geneva Conventions of August  12 1949, article 48 on prisoners of war says, “ in the event of transfer,  prisoners of war  shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin”

This is the Convention which came about to address human value in the face of adversity following the mass slaughter of World war two, yet it was able to recognize the right of prisoners of war .

In Kenya as we ready ourselves in welcoming the second republic, the accountability of state agents to the wananchi remains a far cry, and respect for human rights frowned upon.

Having Kenyans extradited to Uganda, is plausible, but only if the rule of law is uphold, and international instruments on human rights are respected.