The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Kenya.
According to the information received, on May 4, 2010, at approximately 4 pm, the Officer Commanding Police Department came to the Jeevanjee Garden in Nairobi where a meeting was organised between members of Bunge la Mwananchi to discuss on the state of the nation and the post election violence[1]. The Officer ordered the 200 persons present at the meeting to leave and arrested four activists of Bunge La Mwananchi, Messrs. Jacob Odipo, Francis Wetukha, Ruth Mumbi and Jebtekeny Tariq. They were subsequently released after arriving at the police station without charges.
Moreover, on April 23, 2010, at around 8:15 pm, Mr. George Nyongesa received an anonymous phone call threatening to silence him “if he did not close it and if he keeps doing noises”, asking him to pull Bunge La Mwananchi’s website down. One of his colleague, Mr. Lawrence Maina, web manager of Bunge la Mwananchi, received two similar phone calls to pass on the information earlier the same day.
The Observatory denounces the threats and acts of intimidation against Mr. George Nyongesa as well as against all members of Bunge la Mwananchi, which seem to merely aim at silencing them due to their human rights activities, and fears for their physical and psychological integrity.
The Observatory also recalls the arbitrary arrest on April 22, 2010 and subsequent release of Mr. Kenneth Kirimi Mbae, a member of Release Political Prisoners (RPP), a human rights organisation in Kenya, as well as an active member of Bunge la Mwananchi. During his detention, Mr. Kirimi Mbae was reportedly interrogated about his role in RPP and Bunge la Mwananchi[2].
Actions requested:
Please write to the authorities of Kenya, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. George Nyongesa, as well as of all members of Bunge la Mwananchi and human rights defenders in Kenya;
ii. Carry out an immediate, thorough, independent and impartial investigation into the above-mentioned events, the result of which must be made public, in order to bring all those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
iii. Put an end to all acts of harassment against Mr. George Nyongesa, as well as against all members of Bunge la Mwananchi and human rights defenders in Kenya so that they are able to carry out their work without hindrances;
iv. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, as well as with Article 12.2 (“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”);
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Kenya.
Addresses:
* Hon. Mwai Kibaki, The President, Republic of Kenya, P.O. Box 30050 00100 - Harambee Avenue Nairobi, Kenya, Fax: +254-020-243620, Email: president@statehousekenya.go.ke
* Hon. Raila Odinga, Prime Minister, Treasury Building, P.O. Box 74434-00200, Nairobi, Kenya, Email: contact@statehousekenya.go.ke. Fax: +254 20 252 299
* Hon. George Saitoti, Minister for Internal Security, Harambee Avenue, P.O. Box 30510, Nairobi 00200, Kenya, Tel: +254-020-227411
* Hon. Martha W. Karua, E.G.H., M.P., Ministry of Justice, Haile Selassie Avenue, P.O. Box 56057, Nairobi, Kenya, Tel.: 254-20-224029, Email: ps-justice@justice.go.ke
* Commissioner of Police, Kenya Police Headquarters, Vigilance House, Harambee Avenue, P.O. Box 30083, Nairobi, Kenya, Tel: +254-020-341411/6/8, Email: commissioner@police.go.ke, complaints@police.go.ke
* Ms. Florence Simbiri-Jaoko, Chairperson, Kenya National Commission on Human Rights, Fax: +254-020- 2716160 E-mail haki@knchr.org
* Ambassador H.E. Mr. Philip Richard O. Owade, Permanent Mission of Kenya to the United Nations in Geneva, Av. de la Paix 1-3, 1202 Genève, Switzerland, Fax: +41 22 731 29 05, E-mail: mission.kenya@ties.itu.int
* Embassy of Kenya in Brussels, 208 av. W. Churchill, 1180 Uccle, Belgium, Fax: + 32 2 340 10 50 / + 32 2 340 10 68. Email: kenbrussels@hotmail.com
Please also write to the diplomatic representations of Kenya in your respective countries.
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Paris-Geneva, May 7, 2010
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