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Investigate Civilian Deaths; End Arbitrary Arrests, Mistreatment
(Nairobi, November 18, 2011) – The Kenyan government should ensure that
its forces in Somalia abide by the laws of war and avoid harm to
civilians, Human Rights Watch said today in a letter to
the Kenyan minister of state for defense. The government should also
promptly and impartially investigate recent incidents in which Kenyan
forces may have violated international humanitarian or human rights law.
Kenyan
armed forces entered Somalia on October 16, 2011, in military operations
against the Islamist armed group al-Shabaab called Operation “Linda Nchi”
(Swahili for “Protect the Nation”). Human Rights Watch expressed concern
regarding three separate incidents in which Kenyan armed forces may have
conducted unlawful attacks harming civilians or mistreated people in
custody in Somalia and Kenya. All parties to the armed conflict in
Somalia should respect the laws of war, Human Rights Watch said.
“Kenya’s
Somalia operation has resulted in apparent attacks on a camp for
displaced people and a fishing boat,” said Daniel
Bekele,
Africa director at Human Rights Watch. “Kenya needs to find out exactly
what happened and make sure that those responsible for any wrongdoing
are punished appropriately.”
On
October 30, the Kenyan air force carried out an attack with aerial
bombardment that struck an internally displaced persons camp on the
outskirts of the town of Jilib, Somalia. A witness wounded in the attack
described to Human Rights Watch seeing a dark green plane drop one bomb
on the camp, return to drop a second bomb on the camp, and then start
machine gun strafing. The international humanitarian organization
Médecins Sans Frontières reported treating 45 wounded people, including
31 children, and confirmed 5 civilian deaths following the aerial
bombardment. Kenyan authorities later confirmed conducting a military
operation in the vicinity.
On
November 4, the Kenyan navy attacked a fishing boat at Kiunga, near the
Somali border, resulting in the death of four Kenyan fishermen, ages 60
to 84. The authorities claim the fishing boat refused to stop for
inspection. But survivors told the Muslim Human Rights Forum that the
boat was anchored offshore when the attack occurred. Military personnel
then allegedly beat the survivors who had swum to shore.
The
Kenyan authorities should publish the findings of an investigation into
the Jilib attack promised by Prime Minister Raila Odinga, and
investigate the attack on the fishing boat, Human Rights Watch said.
Those harmed in unlawful attacks or their families should be
appropriately compensated.
In a
third incident, Kenyan military personnel arbitrarily detained and
mistreated civilians in the town of Garissa, Kenya, on November 11. A
witness told Human Rights Watch that soldiers picked up people who
looked Somali, beat them, and forced them to sit in dirty water while
interrogating them.
“The
Kenyan authorities should not use the current military operation as an
excuse to clamp down on the rights of people within its borders,” Bekele
said.
For more Human Rights Watch reporting on Kenya and Somalia, please
visit:
www.hrw.org/en/africa
For more information, please contact:
In
London, Ben Rawlence (English, Swahili): +44-7984816013; or rawlenb@hrw.org
In
Nairobi, Neela Ghoshal (English, French): +254-729466825; or ghoshan@hrw.org
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