Friday, August 02, 2013
A Kenyan court has awarded compensation to 11
victims of the largest illegal deportation of terrorism suspects in
Africa to countries with appalling human rights records, a lawyer said
on Thursday.The illegal deportations to countries that do not
uphold human rights were meant to facilitate long periods for
interrogations of the suspects - beyond the prescribed periods - by
various security agencies including the FBI and CIA, said Mbugua
Mureithi, who represented the 11 victims.
Some of the suspects deported to those countries had complained of torture, he said.
Judge
Mumbi Ngugi ordered the Kenya government to pay nearly a total of $460
000 as restitution and ruled that their 2007 deportations from Kenya to
Somalia and finally Ethiopia were unlawful and unconstitutional,
Mureithi said.
The court announced the judgment on Wednesday but the written report was to be released on Thursday, he said.
The
victims, eight Kenyans, two Tanzanians and a Rwandan, were part of a
group of more than 100 who were detained in Ethiopia. Some were caught
at different times sneaking into Kenya from Somalia, where they were
escaping a US-supported Ethiopian army offensive against an Islamic
extremist group that controlled much of Somalia. Others were arrested in
Kenya.
The Islamic Courts Union had seized control of much of
southern Somalia in 2006. Ethiopian authorities worried the Islamic
extremists had designs on Ethiopian territory that is ethnically Somali
and the US was concerned the Somali Islamists were harbouring
terrorists. The Ethiopians entered the country at the end of 2006 and
drove the Islamists from power.
The CIA began an aggressive
programme in 2002 to interrogate suspected terrorists at an unknown
number of secret locations from Southeast Asia to Europe. Prisoners were
frequently picked up in one country and transferred to a prison in
another, where they were held incommunicado by a cooperative
intelligence service.
But former President George W Bush
announced in 2006 that all the detainees had been moved to military
custody at Guantanamo Bay.
Some of the more than 100 suspects held
in Ethiopian renditions were detained for more than 18 months before
being released without charge.
Precedent-setting
Mureithi
said Ngugi found that the 11 suspects had been tortured although she
exonerated the companies which provided the planes to ferry the suspects
from liability. Mureithi said he was not happy with the amount of
compensation the court awarded.
"In order to prevent this from
happening again the court should have given higher compensation,"
Mureithi said. "The compensation is not commensurate to the experiences
the victims were put through."
He said the court's judgment is
"precedent-setting" but is not enough to stop Kenya's government from
carrying out such rights violations.
"Unlike in the West where
decisions of the court are taken seriously, and it changes behavior, I
don't think things are taken seriously in this country. This is just
another judgment. I am trying to be optimistic but I don't think this
will change things," he said. "That's why substantial damages are
necessary they should feel pain in the pocket."
Mureithi said he
is waiting for instructions from his clients on whether to sue the
United States for its role in the interrogations.
Human rights
groups have long accused Kenyan authorities of having a tendency to
circumvent the law when they face public pressure for action against
crime or terrorism.
Rights groups have accused the police of a
culture of executing terror suspects when they cannot secure
convictions. The group Muslims for Human Rights says 13 people who were
suspected of having links to terror groups have either been killed or
have disappeared in unclear circumstances in Kenya so far this year.
At least 18 people were killed or disappeared last year, it said.