Author Archives: A. I. Noormohamed

WITNESS: THE STATE MUST PROTECT ITS CITIZENS, EVEN DURING CONFLICT

Rashida Manjoo, a former United Nations special rapporteur, told the Kenyan High Court the State had an obligation to protect the rights of its citizens even during a conflict.

Manjoo made her observation while testifying on May 23 in a case brought by survivors of sexual and gender-based violence committed during the conflict that erupted after the December 2007 election. The case resumed after more than a month’s break. The last hearing was held on April 15 but it was closed to the public. The hearing before that, on April 14, was open to the public and a summary of it can be read here.

In the hearing of May 23, Manjoo was called to testify as an expert witness by the petitioners. She was called as an expert witness because for six years Manjoo served as the UN Special Rapporteur on Violence against Women, its Causes and Consequences.

A UN special rapporteur is someone who reports to the United Nations Human Rights Council but works independent of governments or the United Nations. A special rapporteur’s mandate may be country-specific or issue-specific.

The petition that was the subject of the May 23 hearing was filed by eight victims of sexual and gender-based violence and three non-governmental organizations in February 2013. They are asking the court to find the government failed to prevent the violence that shook Kenya after the December 2007 presidential election. The petitioners are also asking the court to find the government failed to protect the survivors of sexual and gender-based violence.

Manjoo, who served as UN Special Rapporteur between August 2009 and July 2015, said women “are disproportionately impacted” by violence in society. She said this is because society is male-dominated.

“In my opinion, globally, patriarchy is alive and well in every country in the world,” Manjoo said.

She said there are various factors that contribute to violence against women. She explained one of them is the stereotyping of women’s roles in society, which influences how women are viewed generally in a society and how they are treated.

She said violence in the home is one of the biggest manifestations of violence against women.

“The violence in [a] conflict situation is a result of the violence that women are subjugated to in their homes,” Manjoo told the court.

She said other ways violence against women is manifested is when the state perpetrates violence against them. She said violence against women can become transnational when women become victims of human trafficking.

Manjoo explained that her knowledge on the issue came from the more than 20 years work of the different people who have served as UN Special Rapporteurs on Violence against Women, Its Causes and Consequences.

She said that one of the shortcomings in eliminating violence against women is the lack of laws and policies aimed at doing that. However, Manjoo also observed having such laws or policies is not enough.

“But there is also a huge shortcoming in the implementation of policies and laws,” Manjoo said.

Willis Otieno, the lawyer for the petitioners, asked Manjoo whether the State can do anything if victims of violence do not report any violations.

Manjoo said it was the State’s role to create a system that is responsive to any reports of violence and build confidence of victims to report any violations.

“You then open the door to other people that the State will respond to complaints…so I do not have to fear taking any cases [to the authorities],” Manjoo said.

(Read more at International Justice Monitor )

Don’t shift state responsibility to victims of sexual violence, expert tells court

Testimony by a victim of sexual crime “is the most valuable evidence” a judge can use to adjudicate a case, an international criminal investigation and prosecutions expert has told the High Court.

“If the victim’s testimony is believable, then yes, that’s enough,” said Maxine Marcus, an international criminal prosecutor and investigator, while responding to questions by Willis Otieno, the lawyer representing eight survivors of the post-election violence in a public interest case.

Eight survivors who are seeking official acknowledgment that the government failed to prevent sexual violence against them during the post-2007 election crisis, and culpability for failing to investigate and prosecute their tormentors, have already testified in private. Marcus is the sixth expert witness to be called to the stand; UN Special Rapporteur for Sexual Violence Rashida Manjoo testified in court last week.

Summoning expert witnesses has opened the hearing to the public since it was filed in February 2013. Over 20 women wearing white T-shirts with I Stand for Truth, Justice and Dignity inscribed on the front fill the jam-pack Courtroom No 3’s nine wooden benches in a show of solidarity with the petitioners as Marcus gives her testimony. At the back of the courtroom, men and women who had accompanied the petitioners stand for lack of seats.

(Read more at Journalists for Justice )

What Next, For the Victims of Kenya’s Post-Election Violence?

(posted on International Justice Monitor)

On April 5, 2016, Trial Chamber V of the International Criminal Court (ICC) decided by majority to terminate the case against William Samoie Ruto and Joshua Arap Sang. The defendants had been accused of crimes against humanity in relation to Kenya’s 2007-2008 post-election violence. While the ICC may never determine the identity of those responsible for these crimes (the Ruto and Sang decision is currently open for appeal, and the ICC’s investigation in Kenya is still technically ongoing), there is no doubt that the violence left thousands of victims in its wake.

Where does the apparent conclusion of this case leave the victims of Kenya’s post-election violence? It is important to note that trials are continuing in domestic courts, and as recently as last month, victims appeared before the Kenyan High Court, describing their ongoing mental anguish and asking for compensation for their suffering.

For these victims, reparations are not just necessary to ease their suffering or to set them on the path toward economic empowerment. There is an international obligation on the part of the Kenyan government to provide them, for which there has been wavering respect.

Under international law, States have a well-established legal duty to provide reparation for gross violations of international human rights law and serious violations of international humanitarian law. The UN General Assembly adopted basic principles and guidelines of the right to a remedy and reparation for victims in 2005, and Kenya’s constitution and national laws also recognize the rights of victims in this regard.

Read More http://www.ijmonitor.org/2016/05/what-next-for-the-victims-of-kenyas-post-election-violence/

Witness Tells Kenyan Court that Mental Health of People Displaced from their Homes Remains Fragile Years after Post-Election Violence

A psychologist told the Kenyan High Court that people displaced from their homes during the violence that followed the December 2007 presidential election continue to experience general anxiety or post-traumatic stress disorder years later.

Dinah Kituyi, a counseling psychologist, shared her conclusions during an April 21 hearing into a petition filed by 25 individuals displaced from their homes (IDPs) between December 2007 and February 2008.

(read more)

 

 

Witness Tells Kenyan Court that Mental Health of People Displaced from their Homes Remains Fragile Years after Post-Election Violence

How media covered PEV sexual violence survivors’ briefing

Journalists from local and international media houses covered a press conference by survivors of post-election sexual violence at the High Court in Nairobi on Wednesday. Watch the coverage here:

SABC News: https://www.youtube.com/watch?v=D5A4DjmATvg
KTN News: https://www.youtube.com/watch?v=5su5zIRDM-M
NTV News: https://www.youtube.com/watch?v=xmyvclT8Cb4
https://www.youtube.com/watch?v=xPE1tVSZAiA

In Kenyan Court, Witnesses Say Post-Election Violence Victims Remain Traumatized

Two witnesses told the High Court of Kenya that victims of sexual and gender-based violence remained traumatized from the abuse they suffered during the violence that followed the December 2007 presidential election.

On Thursday, April 14, the witnesses testified before High Court Judge Issac Lenaola…

(read more)

In Kenyan Court, Witnesses Say Post-Election Violence Victims Remain Traumatized

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Sexual violence survivors want truth behind post-election chaos

Survivors of the post-election sexual violence want the State to publicly acknowledge them, initiate credible investigations, prosecute perpetrators and hasten the process of reparations.

In a statement read by one of the survivors at the precincts of the High Court in Nairobi on Wednesday, they also want the Truth, Justice and Reconciliation report implemented. Here is the full statement in audioand in text:Survivors Statement 13.04.16 – Final.pdf.

Local and international media houses covered the event.

http://www.jfjustice.net/en/victims-voices/sexual-violence-survivors-want-truth-behind-post-election-chaos

We carry scars that won’t heal, say PEV sexual violence survivors

Dozens of women raped during the post-election violence still need counseling eight years on.

To date, few of the survivors have received the comprehensive psycho social support required to put back their lives together. “Our lives are still at a standstill,” Clarisse Akinyi, a survivor of rape in Mathare slums told JFJustice. Akinyi was among 50 survivors in court last week during the hearing of a case filed by eight sexual violence survivors.

During the hearing, two expert witnesses told the court… (read more)

http://www.jfjustice.net/en/victims-voices/we-carry-scars-that-wona-t-heal-say-pev-sexual-violence-survivors

Police officer rapes woman for 5 hours, woman returns home only to find 3-month old baby dead

(report from The Star) http://www.the-star.co.ke/news/police-officer-rapes-woman-5-hours-woman-returns-home-only-find-3-month-old-baby-dead#sthash.pPXqRF6R.dpuf

A mother of three was on Tuesday morning allegedly raped by an officer at his police line home after she went for help over an assault case.

The 28 year old woman, whose name has been withheld, went to Kikuyu police station to fill a P3 form over an assault by a neighbour last month in Kwa Njamba village, Gitaru, leaving her three-month-old baby at home.

She said the officer, claiming to be handling an emergency, asked her to wait until 2pm yet she arrived at the station at 9am.

At 2pm, he reportedly instructed her to follow him to his house “where he claimed to have kept P3 forms.”

The woman said the officer locked her inside his house until 1am when he returned and allegedly raped her several times.

“He undressed me, raped me thrice and threatened that if I argued with him or exposed him I would know he is a police officer,” she said.

She said she left his house at 6am on Wednesday and went to check on her children but found her baby dead.

“I was shocked to find neighbours around my house, only to find my baby dead,” she said.

The circumstances under which the baby died are unclear.

The woman reported the death and the rape at the station but said the rape case was not booked.

“The OCS kicked me out of his office and locked himself inside with the officer,” she said

She said she also does not understand why the OCS directed the officer to take her baby’s body to St Teresa Hospital mortuary in Kikuyu using a private car.

The single mother who is demanding justice has appealed to IGP David Kimaiyo to intervene. She said she had not met the officer before the incident.

Kikuyu OCPD Mutune Maweu said he had “no idea” about the matter.

“I overheard it but it has not officially been brought to my attention. I will get back to you,” he told the Star on Thursday.

A senior police officer at the IG’s office who sought anonymity told the Star on Wednesday that the matter is “disgusting”.

“Kindly let the world know what that lady underwent at a police station,” the source said.

– See more at: http://www.the-star.co.ke/news/police-officer-rapes-woman-5-hours-woman-returns-home-only-find-3-month-old-baby-dead#sthash.pPXqRF6R.dpuf

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