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مركزغوانتناموللعدالة Guantanamo Justice Centre |
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Kenya:A Call to Investigate and Act on Security Chiefs By Hassan Omar The Nuremburg Trials forever redefined the course of history. That never again shall any man violate the dignity of others without accountability. Men in uniform who wield the comparative advantage of State power and instruments of violence over their people can no longer abuse such positions without recourse in law. The Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo cut his “teeth” as a fierce and unrelenting advocate for justice, as the lead prosecutor in the early 1980s during the trials of Argentinean generals whose military junta were responsible for mass violations including murder or extra-judicial killings, torture, kidnappings and disappearances. For far too long, Kenyan security forces have with indiscretion presided over mass violation of Kenyan citizens. They are emboldened by the make, belief that no action can ever be taken against them. They are conscious that impunity is institutionalised in the nature of government and the “rulers” who preside over our affairs. path of xenophobia They are aware these rulers are unschooled and possess a reneging “belief” in justice and human rights. Their political plebiscites on fairness, justice, equity and the rule of law are seldom the reflection of their governance creed. They assume our hearts shudder with fear, but undoubtedly are aware of the gullibility of the populace, which often is fearful. A population ethnicised, regionalised and possibly on the path of xenophobia and sectarian loath. They know they will tell you that for your safety and security, they have acted tough to your tacit approval. They know that for your hate of others, you shall turn a blind eye. The security apparatus knows too well that your commitment to the ideals and values of our Constitution is not unwavering. After all, we are a third world nation, and do things differently in this part of the globe! We justify our violations in context of our culture and developmental realities. At convenience we suspend democracy, human rights and the rule of law, regarding it as an imposition of the West, without taking into the account the contextual realities of Africa. In Africa you can get away with any amount of violation. In fact, the Kenyan security elite and apparatus believe or think that! But who said it is acceptable to violate the African people merely on account of poverty, or the underdevelopment bedeviling our countries? Who told you good governance is a preserve of the West and the dignity of the people of Africa is any lesser? Why do we believe that the West provides the benchmarks for good governance? What makes us believe that we cannot set governance standards that the West can aspire for? At what point will we re-imagine Africa and the future of our people? Why have you relegated yourself to the lesser citizen of the world with an almost a pathological complex of underachievement? The reality is that Kenyans adopted a new constitutional order with the hope that it will lift us from the dungeons of oppression and bad governance. The Constitution that now governs us is the supreme law that binds all and sundry. In the last couple of weeks the Constitution has been violated on numerous accounts and it is time for it to retaliate! Chapter 14 of the Constitution provides an accountable framework for the organs of national security.
Section 239(5) provides that these organs “are subordinate to civilian authority” while section 59(2)(d) gives the Kenya National Human Rights and Equality Commission powers “to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic, including observance by national security organs”. Kampala bombings There have been numerous allegations of kidnapping and renditioning of Kenyan citizens to Uganda by our security forces. In all circumstances, these acts were illegal or unconstitutional. Noting the indiscriminate violation of Kenyans by its own authorities, Uganda has reciprocated with the arrest and harassment of a Kenyan lawyer Mbugua Mureithi and human rights activist Al Amin Kimathi, charging them with murder and terrorism in Uganda. This adds to the long list of Kenyans who were illegally rendered to Uganda on suspicion of having been involved in the July 7 Kampala bombings. Many of the clichÈ retorts are that these people deserve the violation or we assume have no rights! What about the victims we ask? The pure ends of justice are intended to provide redress to the victims. But to achieve these ends, the constitution you and I voted for provides a procedure for fairness. At all times there exists a presumption of innocence for those we suspect of crimes. This is because the passage of time has rescued us from barbarianism, and bound us in a constitutional democracy. Targeting Muslims Just because a crime was committed does not pave the way for “official crime” by State institutions and officers. We must punish crime no matter who commits it! That is the dictate of the law. We cannot use unlawful means to realise a lawful cause. To uphold the rule of law and to awake our organs of national security to the realities of a new Constitution, top officers of the police including the Police Commissioner and head of the Anti-Terrorism Police Unit and National Security Intelligence Service, including the Director General, must be investigated on account of the allegations and where necessary, prosecuted. Equally, President Mwai Kibaki and Prime Minister Raila Odinga must not condone actions which prima facie are not only illegal but are perceived to target the Muslim community without taking into account the safeguards of the law. Mr President and Prime Minister, when Muslims speak out, national anger is engineered on account of sympathising with “terrorists”. All Muslims ask of you is to uphold the Constitution as per your oaths of office, not as favours! The writer is a Commissioner with KNHREC.
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