World Cup bomb suspects and human rights defenders

For all East Africans, the memories of this year’s soccer World Cup will forever be blighted by the bombings in Kampala during the 11 July 2010 final.

Innocent people out to enjoy football lost their lives, others were injured and property was destroyed. East Africans therefore supported and sympathised with the government of Uganda’s determination to find and hold to account those responsible.

For Kenyans, therefore, the fact that 13 Kenyans are among the 38 now standing trial in Kampala for the bombings is not a concern. We can assume the Ugandan security services know what they are doing.

What is a grave concern, however, is the fact that Kenya’s security services, in their co-operation with their Ugandan counterparts, have once again blithely chosen to disregard human rights, our Constitution and the law.

Eight of the 13 Kenyan suspects were illegally rendered to Uganda – in some cases while habeas corpus proceedings were still going on in the Kenyan courts – and, in all cases, when legal extradition was an option.

It is not hard – in fact, it is extremely simple – to do as Tanzania’s security services have done and say, ‘Give us the arrest warrants and let us get court orders for extradition.’ That is what any state that takes responsibility for its citizens would do. Such a state would also be concerned about monitoring external trials of its citizens to ensure these are fair.

But, this being Kenya, it is not the state but organisations like the Muslim Human Rights Forum (MHRF) that have taken responsibility for flagging the concern about the illegal renditions and for monitoring the trials of the Kenyan suspects, for which it has paid the heaviest of prices.

On 16 September 2010, Al Amin Kimathi, executive director of the MHRF, was arrested and detained by Uganda’s Rapid Response Unit upon his arrival in Kampala for a second observation visit of the ongoing trials.

He was held incommunicado at an unregistered detention centre until 21 September. He was denied access to an advocate during his interrogation by Kenyan, Ugandan and American interrogators.

His personal belongings, including his laptop, were searched in his absence. Finally, he himself was charged with the exact same charges as the 13 suspects whose trials he was to observe – conspiracy to commit acts of terrorism resulting in 70 murders – and remanded in Luzira Prison pending resumption of the trials in early October.

Needless to say, the Kenyan human rights community is outraged. The message is clear: human rights and legal defence for the Kenyan suspects will not be tolerated.

The unintended message is equally disturbing. If Kimathi could be charged for the bombings, then really, anybody could be. This does not inspire confidence in the investigative process – or to the evidence collected in relation to any of the other suspects.

The disinformation trickling out in the Kenyan and Ugandan media since the arrest is easily refutable. The MHRF’s financing is from known sources, handled through a respectable accounting firm.

The documentation supposedly linking Kimathi to Al Qaeda and Al Shabaab was not released to the media at the same time as news of the existence of the supposed report was. And the documentation was not asked for or questioned by the media, who opened themselves up to libel charges.

The whole situation beggars belief. Kenya’s authorities need to intervene immediately and decisively.

BROUGHT TO YOU BY PAMBAZUKA NEWS

* Muthoni Wanyeki is the executive director of the Kenya Human Rights Commission
* This letter was originally published by The East African
* Please send comments to [email protected] or comment online at Pambazuka News.