The international community’s attention to Kenya has been sharply focused on the upcoming March 2013 elections and preventing the type of horrific ethnic violence that surrounded the 2007 election. But other things, big things, are afoot.
On Monday, August 27, Muslim cleric Aboud Rogo Mohammad, who the United States had placed on its sanctions list in July, was gunned down in Mombasa, Kenya. The death sparked outrage from the Muslim community and led to violent protests. Rogo’s death followed a spate of other suspicious disappearances, as well as the death of another Kenyan who was alleged to have been involved in terrorist-related activities.
It’s uncertain who the assailants have been, but many suspect Kenyan government involvement, with some witnesses saying the abductors identified themselves as police.
To gain a better understanding of Rogo’s death and the Mombasa riots, I spoke with Al Amin Kimathi, a human rights activist who is the chair of the Muslim Human Rights Forum in Kenya.
Could you provide a description of your organization, the Muslim Human Rights Forum, and the work that it does?
The Muslim Human Rights Forum is a human rights organization based in the Muslim community, but we work with all civil society groups working on minority rights. The Muslim Human Rights Forum has focused a lot of attention on counterterrorism and human rights monitoring, which focuses on Kenya and the East Africa and the Horn of Africa regions. I work extensively on these issues and have been involved in counterterrorism and human rights investigations in the region, collaborating with local and regional civil society groups.
There are news reports out of Mombasa that a controversial cleric, Aboud Rogo Mohammad, was gunned down on Monday, August 27. At the time of his death he faced charges relating to terrorist activities. Since then there has been rioting in Mombasa. How much is known about what happened to Rogo, and who killed him?
The Muslim Human Rights Forum had been monitoring the legal proceedings against Rogo, as well and other terrorism-related trials in Kenya. Of those cases, around six defendants have disappeared before Rogo met his demise. Rogo and a colleague, Abubakar Shariff Ahmed, had concerns about their safety even before Rogo was killed. He reported his concerns to the police after someone attempted to abduct the two men while they were on their way to a court appearance in July. Then, about a week ago, Rogo reported to MHRF that his son was accosted by people who identified themselves as police from the Flying Squad, which is a unit that deals with motor vehicle theft and armed robberies. However, Rogo’s son was convinced they were really counterterrorism agents and identified them as having been involved in Rogo’s previous arrest. The police told the son that they were looking for his father and warned him not to give them a hard time or any headaches like his father did. Rogo had also recently been put on the U.S. sanctions list. In response, Rogo’s lawyer wrote a letter to the Kenyan government requesting what information the U.S. had against Rogo. The lawyer warned that he thought Rogo’s listing on the sanctions list could lead to his disappearance.
It’s difficult to say who killed Rogo. But when you look at circumstantial evidence, the pattern of events, the modus operandi, and the audacity with which the killing took place, it all points to the hand of the state. For example, in April of this year, activist and Islamic preacher Samir Hashim Khan and Mohammed Bekhit Kassim were abducted in Mombasa in broad daylight while on public transportation. Witnesses saw the two men taken away in two white Toyota Probox station wagons and, based on their behavior, the abductors were police officers. The body of Khan was found two days later 150 kilometers from Mombasa off a highway. His body was badly mutilated. Kassim, the other man, has still not been found or heard from. [Author’s note: Kenyan officials have denied involvement in Rogo’s death and instances of disappearances.]
Have there been incidents like this in the past? Why did this incident in particular spark rioting?
Rogo’s death was the immediate event that sparked the riots. But there were also demonstrations—though not bloody—when Samir Khan’s body was found. So there has been a build-up leading to the riots. The rioters were saying “enough is enough.” The disappearances and killings, taken together led to the riots.
What is the situation like in Mombasa currently? How bad is the rioting?
Behavior on both sides, the police and civilians, has been pretty bad. Rioters have gone to the extent of killing a man near a mosque in Mombasa. On Tuesday there was also a hand grenade thrown at police. Three churches were also torched down on Tuesday, and the churches are demanding compensation from government. There’s also been an unprecedentedly high-level of looting in Mombasa, including the burning of business and vehicles. This continued for two days. Then there was calm most of today, Wednesday, but there are now reports of one or two dead and several injuries from a grenade attack on police, which brought a renewed round of confrontation between police and rioters.
As for state security forces, in the Majengo area of Mombasa, which is the epicenter of rioting, the General Service Unit (GSU) mounted house-to-house searches for Muslim youths and rounded them up and put them into trucks. Twenty-four were taken to court this afternoon [Wednesday], but it’s not yet known what happened to others. The police also raided a hospital where Rogo’s wife was, and heavily armed police came onto the streets by the time Rogo was buried—which was 3 hours after his death.
This strong police presence so soon after the death didn’t go over well with the youths. It led to exchanges in stone throwing, tear gas, and live ammunition. There’s a lot of very high tension in Mombasa and the tension is spreading to Nairobi, though there aren’t any riots or demonstrations in the capital yet. But, for example, in a low income neighborhood, Pumwani Majengo, which has a large Muslim population, plainclothes police from various units have surrounded it. Pumwani Majengo is an area that authorities fear harbors al Shabaab members and they allege it’s a base for the Muslim Youth Center. [Author’s note: The MYC is an organization that a UN report labeled as contributing to recruiting for al Shabaab and setting up operational cells in Kenya.]
Has the situation gotten better, or will it get worse?
I am concerned that the situation will get worse after Friday prayers, where the youth might try to escalate their protests. Muslim, Christian, and political leaders have been urging calm, but the Mombasa youth is not following suit. The leaders who the youth listen to have not been sufficiently brought into the outreach efforts. Meanwhile, the police are being overly cautious, and are bringing out heavily armed units, which is enflaming the situation. There are fears of interreligious conflict if the situation isn’t properly handled. We are seeing very heated debates on the social media. The fact that churches were targeted is evidence of religious tensions. But Muslim and Christian leadership are trying to cool the tempers.
In your view, how should the government respond to these instances of killings and disappearances?
Now that the killings and disappearances took place, an investigation is needed. Prosecutors announced that there will be an investigation into Rogo’s death. The investigation will include people from the Kenyan Law Society and Kenyan Human Rights Commission. An investigation with independence and impartiality is a move in the right direction. Previous investigations without those qualities haven’t proven effective. There’s not a lot of credibility in them. The Muslim Human Rights Forum is calling for a Commission of Inquiry with judicial authority to inspire more confidence in the investigation. Also, Kenya must provide assurances that it does not use extrajudicial means to conduct its counterterrorism operations. Officials must be prosecuted is they were involved in any of those acts.
There has been a lot of debate in Kenya, starting all the way back in 2003, about passing an anti-terrorism legislation that would be discriminatory towards the Muslim community. This debate has picked up steam again and a bill is now with parliament for review. Some government officials say the bill has been amended to respond to its critics. Do you still have concerns with this bill?
I believe that we do need anti-terrorism legislation, but it must conform to the new constitution, including the bill of rights, and international human rights standards. In the past, civil society has prevented the adoption of anti-terrorism laws because of what they allowed the state to do. Currently, the draft bill still gives too much power [to the state], allows for no oversight, and allows for too many derogations of rights. Provisions on seizing property, intercepting communications, and clamping down on organizational activities goes against the freedom of assembly. There’s no judicial recourse for the law’s enforcement, and it criminalizes the lawyer-client relationship. I’m also concerned that the bill could be used not just for counterterrorism operations, but also to suppress political opposition. There are also a lot of newly discovered natural resources, like oil and gas, in Muslim populated areas, and there is concern that the laws could be used against Muslims in order to reap the benefits of those resources. We want to see provisions in the bill that punish unlawful counterterrorism activities. Anti-terrorism authorities have to be held accountable for their actions.
How do you view the role of international donors, such as the U.S. or U.K., in Kenya’s counterterrorism efforts?
In many ways, the Kenyan government has, in the past, overhyped terrorism to bring in donor funding, which then makes the Kenyan government take actions to show the donors that it’s doing something. Nonetheless, the donor community should be focused more on the social dynamics that result in terrorism rather than a militarized response. Specific attention should be given to marginalized populations, such as areas in northeastern Kenya with strong Muslim and ethnic Somali populations, the Coastal region, and poor neighborhood in urban centers, all of which are deprived areas needing economic assistance.
Source: ReliefWeb
Showing posts with label MHRF. Show all posts
Showing posts with label MHRF. Show all posts
Thursday, August 30, 2012
Tuesday, August 28, 2012
Kenya: Set Independent Inquiry on Mombasa Killing
The Kenyan government should establish an independent inquiry into the killing of Aboud Rogo, a controversial cleric, on August 27, 2012, and subsequent riots in Mombasa.
Rogo, who was facing charges of illegal possession of weapons and recruiting for the Somali Islamist group al-Shabaab, was shot to death in his car while he was driving outside Mombasa. Following his burial later in the afternoon of August 27, riots erupted across the Mombasa town center and continued on August 28. Cars were set alight, several churches were vandalized, and at least two people were killed. One was a prison officer working with the police to contain the riots and the other a civilian killed by rioters. Police told reporters that they arrested 22 people in connection with the riots.
“The killing of Aboud Rogo is a serious crime that needs speedy independent and impartial investigation,” said Leslie Lefkow, deputy Africa director at Human Rights Watch. “In the meantime, police should continue to stick within the law in confronting the riots sparked by Rogo’s death.”
Witnesses told Human Rights Watch that an unmarked vehicle overtook the car Rogo was driving with six passengers, including his wife, on Malindi road on August 27 and that two gunmen opened fire at close range. Rogo was shot in the head and died at the scene. His wife was also shot and is in a hospital.
The riots were in the Majengo and Kisauni areas of Mombasa. At least 24 people were admitted to hospitals with injuries related to the unrest, with three people critically injured, media reported. Youths interviewed by Human Rights Watch said they were protesting the suspected involvement of the Kenyan authorities in Rogo’s death.
Rogo’s killing follows the abductions and deaths earlier this year of several other people charged with recruitment and other offenses related to al-Shabaab.
In March, Samir Khan, who was also charged with possession of illegal firearms and recruiting for al-Shabaab, and his friend Mohammed Kassim were pulled from a public bus in Mombasa by men who stopped the bus and identified themselves as police officers, Khan’s lawyer, Mbugua Mureithi, told Human Rights Watch. Khan’s body was found, badly mutilated, a few days later in Tsavo national park. Kassim’s whereabouts remain unknown. Kassim had previously been abducted in Nairobi in February, under unclear circumstances, but was released after his captors interrogated him. Police briefed journalists at the time, saying he had been arrested by the Anti Terror Police Unit, but they later denied arresting him.
Rogo had complained of police threats before his death and requested protection. On July 24, Rogo had reported to the police, the Kenyan National Commission on Human Rights, and the court in which he was being tried for recruiting for al-Shabaab, that unknown assailants had attempted to abduct him and his co-accused Abubakar Shari Ahmed when they arrived in Nairobi for the court hearing. He swore an affidavit that men in civilian clothes who claimed to be police officers tried to force the two men into an unmarked car. He said that he and Ahmed had challenged the men to produce identification and that passers-by helped the two men resist being forced into the car.
Mureithi, who is also Rogo’s lawyer, sought an assurance from the prosecution that the attempted abduction would be investigated and that Rogo’s security would be assured. The court ordered the Officer Commanding Station of Kamkunji police station to investigate. Mureithi told Human Rights Watch that Rogo frequently expressed concern about being followed by police and spoke of threats from known police agents who he said told him that, “The state will find a way of dealing with you.” Rogo had requested that the case be transferred to Mombasa where he felt safer and where he was also facing other charges for illegal possession of weapons and explosives.
Rogo was on United States and United Nations sanctions lists for alleged support of al-Shabaab. In 2005 he was acquitted on murder charges related to the 2002 attack on a hotel in Mombasa, which killed 12 people.
According to the Mombasa-based human rights group Muslims for Human Rights (MUHURI) four people have disappeared after being arrested by the police during 2012. MUHURI and the Muslim Human Rights Forum (MHRF) have accounts from witnesses who said that the abductors identified themselves as police officers before taking away Ngoy Moise Kayembe and Shani Marove Lydia in February and Musa Osodo and Jacob Musyoka Matheka in Molo in May.
Osodo was facing charges in a Mombasa court for membership of al-Shabaab and was one of six suspects charged with killing a police officer. Two of his co-defendants, Steven Mwandi Osaka and Jeremiah Onyango Okumu, disappeared in June, also after being pulled from a public bus in Mombasa by men in civilian clothes. They have not been seen since.
Police claim to be investigating Khan’s murder and the disappearance of the others.
“The abductions, disappearances, and in some cases murder of people who are thought to be linked to al-Shabaab is incredibly disturbing,” Lefkow said. “The Kenya police are facing a crisis of confidence in Mombasa. The government needs to act swiftly to investigate and prosecute those responsible for these crimes.”
The killing and the disappearances highlight the need for urgent completion of police reforms, including the setting up of the National Police Service Commission that is responsible for investigating the police, and that was supposed to be operational earlier this year.
The riots that began on August 27 continued throughout August 28. Two churches were attacked. One was set on fire and one was looted of electrical equipment. Shops and two cars were set on fire and burning tires placed in the road in several areas of town. Police engaged in running battles with rioters, firing tear gas and rubber bullets. Prison officers were brought in as reinforcements. Twenty-four people were admitted to hospitals by the afternoon of August 28. The prison officer was killed and 12 others injured when youths threw a grenade at a patrol in the Kisauni area of Mombasa.
The deputy provincial police officer, second in command in Coast province, told Human Rights Watch that police were trying to contain the violence with “minimum force” but would not rule out the use of live ammunition. The UN standards on the use of force and firearms by law enforcement officials state that, “In the dispersal of violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and only to the minimum extent necessary.”
“So far the police appear to have exercised admirable restraint in confronting the insecurity in Mombasa,” Lefkow said. “Now they need to use precision and intelligence to pursue the people who caused the violence, avoiding indiscriminate actions.”
Source: Human Rights Watch
Rogo, who was facing charges of illegal possession of weapons and recruiting for the Somali Islamist group al-Shabaab, was shot to death in his car while he was driving outside Mombasa. Following his burial later in the afternoon of August 27, riots erupted across the Mombasa town center and continued on August 28. Cars were set alight, several churches were vandalized, and at least two people were killed. One was a prison officer working with the police to contain the riots and the other a civilian killed by rioters. Police told reporters that they arrested 22 people in connection with the riots.
“The killing of Aboud Rogo is a serious crime that needs speedy independent and impartial investigation,” said Leslie Lefkow, deputy Africa director at Human Rights Watch. “In the meantime, police should continue to stick within the law in confronting the riots sparked by Rogo’s death.”
Witnesses told Human Rights Watch that an unmarked vehicle overtook the car Rogo was driving with six passengers, including his wife, on Malindi road on August 27 and that two gunmen opened fire at close range. Rogo was shot in the head and died at the scene. His wife was also shot and is in a hospital.
The riots were in the Majengo and Kisauni areas of Mombasa. At least 24 people were admitted to hospitals with injuries related to the unrest, with three people critically injured, media reported. Youths interviewed by Human Rights Watch said they were protesting the suspected involvement of the Kenyan authorities in Rogo’s death.
Rogo’s killing follows the abductions and deaths earlier this year of several other people charged with recruitment and other offenses related to al-Shabaab.
In March, Samir Khan, who was also charged with possession of illegal firearms and recruiting for al-Shabaab, and his friend Mohammed Kassim were pulled from a public bus in Mombasa by men who stopped the bus and identified themselves as police officers, Khan’s lawyer, Mbugua Mureithi, told Human Rights Watch. Khan’s body was found, badly mutilated, a few days later in Tsavo national park. Kassim’s whereabouts remain unknown. Kassim had previously been abducted in Nairobi in February, under unclear circumstances, but was released after his captors interrogated him. Police briefed journalists at the time, saying he had been arrested by the Anti Terror Police Unit, but they later denied arresting him.
Rogo had complained of police threats before his death and requested protection. On July 24, Rogo had reported to the police, the Kenyan National Commission on Human Rights, and the court in which he was being tried for recruiting for al-Shabaab, that unknown assailants had attempted to abduct him and his co-accused Abubakar Shari Ahmed when they arrived in Nairobi for the court hearing. He swore an affidavit that men in civilian clothes who claimed to be police officers tried to force the two men into an unmarked car. He said that he and Ahmed had challenged the men to produce identification and that passers-by helped the two men resist being forced into the car.
Mureithi, who is also Rogo’s lawyer, sought an assurance from the prosecution that the attempted abduction would be investigated and that Rogo’s security would be assured. The court ordered the Officer Commanding Station of Kamkunji police station to investigate. Mureithi told Human Rights Watch that Rogo frequently expressed concern about being followed by police and spoke of threats from known police agents who he said told him that, “The state will find a way of dealing with you.” Rogo had requested that the case be transferred to Mombasa where he felt safer and where he was also facing other charges for illegal possession of weapons and explosives.
Rogo was on United States and United Nations sanctions lists for alleged support of al-Shabaab. In 2005 he was acquitted on murder charges related to the 2002 attack on a hotel in Mombasa, which killed 12 people.
According to the Mombasa-based human rights group Muslims for Human Rights (MUHURI) four people have disappeared after being arrested by the police during 2012. MUHURI and the Muslim Human Rights Forum (MHRF) have accounts from witnesses who said that the abductors identified themselves as police officers before taking away Ngoy Moise Kayembe and Shani Marove Lydia in February and Musa Osodo and Jacob Musyoka Matheka in Molo in May.
Osodo was facing charges in a Mombasa court for membership of al-Shabaab and was one of six suspects charged with killing a police officer. Two of his co-defendants, Steven Mwandi Osaka and Jeremiah Onyango Okumu, disappeared in June, also after being pulled from a public bus in Mombasa by men in civilian clothes. They have not been seen since.
Police claim to be investigating Khan’s murder and the disappearance of the others.
“The abductions, disappearances, and in some cases murder of people who are thought to be linked to al-Shabaab is incredibly disturbing,” Lefkow said. “The Kenya police are facing a crisis of confidence in Mombasa. The government needs to act swiftly to investigate and prosecute those responsible for these crimes.”
The killing and the disappearances highlight the need for urgent completion of police reforms, including the setting up of the National Police Service Commission that is responsible for investigating the police, and that was supposed to be operational earlier this year.
The riots that began on August 27 continued throughout August 28. Two churches were attacked. One was set on fire and one was looted of electrical equipment. Shops and two cars were set on fire and burning tires placed in the road in several areas of town. Police engaged in running battles with rioters, firing tear gas and rubber bullets. Prison officers were brought in as reinforcements. Twenty-four people were admitted to hospitals by the afternoon of August 28. The prison officer was killed and 12 others injured when youths threw a grenade at a patrol in the Kisauni area of Mombasa.
The deputy provincial police officer, second in command in Coast province, told Human Rights Watch that police were trying to contain the violence with “minimum force” but would not rule out the use of live ammunition. The UN standards on the use of force and firearms by law enforcement officials state that, “In the dispersal of violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and only to the minimum extent necessary.”
“So far the police appear to have exercised admirable restraint in confronting the insecurity in Mombasa,” Lefkow said. “Now they need to use precision and intelligence to pursue the people who caused the violence, avoiding indiscriminate actions.”
Source: Human Rights Watch
Subscribe to:
Posts (Atom)