United Nations Human Rights boss condemns police brutality in Kenya

A section of delegates attending the UNEA in Nairobi. [PHOTO:GEORGE ORIDO/Standard]

Spokesperson for the UN High Commissioner for Human Rights Rupert Colville has expressed the organizations' concern with the increasing violence surrounding the weekly anti-IEBC protests taking place in Kenya, condemning police brutality meted against unarmed protesters.

He has now called upon the Kenyan authorities to ensure acts of violence are not repeated and that the Kenyan government must respect the right to assemble.

He recalled how on Monday at least three people were killed with two shot dead by police in Siaya and another killed in Kisumu some 75 km away.

He said this in a terse statement delivered at the ongoing United Nations Environment Assembly (UNEA) at UNEP headquarters in Nairobi yesterday.

"Yesterday's killings and injuries, coupled with extremely disturbing videos and photographs allegedly showing members of the security forces brutally beating and kicking protesters during the last round of protests on May 16," he said adding that it raised serious questions whether Kenya's security services are abiding by national and international laws and standards governing legal, strictly necessary and proportionate use of force.

Citing Kenya's own statutes, the spokesman said conditions as to the use of force are provided under the Kenya National Police Service Act (2011), which states that a police officer must always attempt to use non-violent means first.

And that force may only be employed when non-violent means are ineffective or without any promise of achieving the intended result.

He further stated that in line with international standards, the Act further provides that any force used shall be proportionate to the objective to be achieved, the seriousness of the offense, and resistance of the person against whom it is used and only to the extent necessary while adhering to the provisions of the laws and the Service Standing Orders.

Addressing concerns that there may be criminal elements infiltrating the protests led by opposition coalition CORD and geared toward driving away Independent Electoral Commission (IEBC) Chairman Issack Hassan and the entire of his commissioners form the office, he had this to say.

"We urge both the authorities and the protest organizers to cooperate in ensuring that peaceful protesters are protected from violent elements joining the demonstrations – and it is vital the authorities do not overreact to the presence of such elements" he pleaded saying that this might only place many other innocent protesters at risk of physical harm.

Speaking from Geneva Switzerland, Mr Colville stressed that organizers should not be held responsible for the unlawful behaviour of others.

He at the same time called upon demonstrators to protest peacefully and not resort to violence.

"We welcome the fact that the Government has said there will be an investigation into the incidents that took place on May 16, and called for prompt, independent and effective investigations into yesterday's killing and other violent incidents," he said emphasizing that any member of the security services found to have committed excessive use of force should receive appropriate penalties in accordance with the law.

Mr. Colville was concerned that Kenya is now joining the most insecure countries in the world by its acts of violence.

"We condemn what is happening in Syria, Kenya, Iraq and Democratic Republic of Congo (DRC). There were four explosions in Jableh in Syria, including one at the national hospital, one at the electricity directorate, and two in a bus station. Most of those killed or injured are believed to be civilians and the timing and the choice of locations suggest the attacks were deliberately intended to inflict the maximum number of civilian casualties," Colville said.

He blamed ISIL which has claimed responsibility for the attacks and promised action. "These horrific incidents are the most recent in what appears to be swiftly-escalating violence across these four regions in which civilians appear to have been specifically targeted. Those responsible for these attacks must be held accountable," the spokesperson said.

He added, "International law imposes an obligation on parties to an armed conflict to take constant care to spare the civilians. While we are still investigating the circumstances, initial reports suggest these attacks violated international humanitarian law which prohibits directing attacks against the civilian population and such attacks may well constitute war crimes. These events again underline the crucial point that the situation in these countries should be referred to the International Criminal Court (ICC)."

Colville also condemned the situation in DRC calling on the judiciary to be judicious in their work. "Last Friday, three civil society activists were convicted on charges of inciting civil disobedience, spreading false news and breaching State security. We are concerned about the pressure on the opposition and civil society and we call on the judiciary to abide by the principles of fair trail and resist any political interference," he said.

On Iraq, the spokesperson called on the government to take immediate action to ensure greater accountability for the attacks and to protect communities.

"According to information we have gathered, security forces used excess force against protestors outside the Green Zone in Baghdad last Friday. Four protesters were killed and 200 injured after security forces used tear gas canisters, rubber bullets and live ammunition. These protesters included women and children who were unarmed. This is violation of human rights," Colville said.

Last week, Siaya Senator James Orengo and a key figure in the month long protests called upon the international community to intervene on the matter.