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DEATHS and DISAPPEARANCES RIGHTS Abuses in Counterterrorism Operations in Nairobi WATCH and in Northeastern Kenya

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DEATHS and DISAPPEARANCES RIGHTS Abuses in Counterterrorism Operations in Nairobi WATCH and in Northeastern Kenya HUMAN DEATHS AND DISAPPEARANCES RIGHTS Abuses in Counterterrorism Operations in Nairobi WATCH and in Northeastern Kenya Deaths and Disappearances Abuses in Counterterrorism Operations in Nairobi and in Northeastern Kenya Copyright © 2016 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-33825 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org JULY 2016 ISBN: 978-1-6231-33825 Deaths and Disappearances Abuses in Counterterrorism Operations in Nairobi and in Northeastern Kenya Map of Northeastern Kenya ............................................................................................... I List of Acronyms and Abbreviations ................................................................................. II Summary ......................................................................................................................... 1 Key Recommendations ..................................................................................................... 6 To the President of Kenya ........................................................................................... 6 To the Security Forces ................................................................................................. 6 To Kenya’s Parliament ................................................................................................ 6 To the United States, United Kingdom and European Union ......................................... 7 Methodology ................................................................................................................... 8 I. Background ................................................................................................................. 11 Kenya’s military role in Somalia ................................................................................. 11 Al-Shabab Attacks in Kenya and Kenya’s Response ................................................... 12 II. Counterterrorism operations in Northeastern Kenya ................................................... 18 Operational units and agencies ................................................................................ 18 Obstacles to identifying abusers ............................................................................... 21 The profile of victims ................................................................................................ 23 III. The Abuses ............................................................................................................... 25 Enforced Disappearances ......................................................................................... 25 The Mandera cases ................................................................................................... 26 The Garissa cases ..................................................................................................... 31 Nairobi case ............................................................................................................. 34 The Wajir cases ........................................................................................................ 36 Torture, inhuman and degrading treatment ............................................................... 38 IV. Suspected cases of extrajudicial killings ................................................................... 42 Cases from Mandera ................................................................................................. 45 A Garissa case .......................................................................................................... 49 Nairobi case ............................................................................................................. 50 V. Government Response ............................................................................................... 53 Failure to adequately investigate .............................................................................. 53 Failure to acknowledge ............................................................................................. 56 Threats to families, witnesses, media and human rights campaigners ....................... 57 VI. In Pursuit of Justice ................................................................................................... 61 Independent Policing Oversight Authority (IPOA) ....................................................... 62 The Case for a Special Commission of Inquiry ............................................................ 64 VII. Kenya Government’s Legal Obligations .................................................................... 66 International Legal Obligations ................................................................................. 66 Kenya’s Obligations under the Constitution and Domestic Statutes ........................... 70 VIII. Donor Security Assistance to Kenya ........................................................................ 72 The United States ..................................................................................................... 73 The United Kingdom ................................................................................................. 76 The European Union ................................................................................................. 77 IX. Recommendations .................................................................................................... 80 To the Office of the President and the Executive arm of government ........................... 80 To the Inspector General of Police, the Independent Policing Oversight Authority (IPOA), National Police Service Commission and Internal Affairs Unit ......................... 83 To The Chief of Kenya Defense Forces ........................................................................ 84 To the Director of Public Prosecutions ....................................................................... 85 To the Parliament of Kenya ....................................................................................... 85 To Kenya’s International Donors and the United Nations ........................................... 85 Acknowledgements ....................................................................................................... 87 ANNEX 1: Cases of disappearances and suspected killings documented by Human Rights Watch ........................................................................................................................... 88 Annex 2: Letters to KDF, Police, and KWS ....................................................................... 90 Letter to KDF ............................................................................................................. 90 Letter to Police ....................................................................................................... 102 Letter to KWS ........................................................................................................... 114 Annex 3: KWS Response to HRW Letter.......................................................................... 116 Annex 4: Letters to Cabinet Secretaries ......................................................................... 118 Letter to Ministry of Defense .................................................................................... 118 Letter to Ministry of Interior and National Coordination ............................................ 120 Letter to Ministry of Environment, Natural Resources and Regional Development Authorities ............................................................................................................. 122 Map of Northeastern Kenya I HUMAN RIGHTS WATCH | JULY 2016 List of Acronyms and Abbreviations AMISOM African Union Mission to Somalia. AP Administration Police, one of the two branches of the Kenya Police Service initially used for administrative purposes by the defunct provincial administration but now largely deployed as VIP guards. ATPU Anti-Terrorism Police Unit, a unit within the Directorate of Criminal Investigation with the primary function of countering terrorism. CID Criminal Investigation Department, a department of the Kenya Police Service, now known as Directorate of Criminal Investigation (DCI). CPF Counterterrorism Partnership Fund, a fund within the US Department of Defense for supporting counterterrorism. DCI Directorate of Criminal Investigation (formerly CID), a department of the Kenya Police Service. DMI Directorate of Military Intelligence, a department of the Kenyan Defense Forces. GSU General Service Unit, an anti-riot police unit with paramilitary training. IMLU Independent Medico Legal Unit, a Kenyan nongovernmental organization. IPOA Independent Policing Oversight Authority, a civilian police accountability mechanism established
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