Human rights abuse in jail

By JOHN GEREZANI

It has been billed as one of the most progressive Constitutions worldwide and it’s time for all and sundry to know that netizens have decided to apply it in letter and spirit.

The recent negative vybes emanating from Wanja’s lair were all predicated on one thing — torture.

I want to raise the decibels here for the last time and do hope that someone at HQ takes note. I refer to Article 25 of the Constitution which lists freedom from torture and cruel, inhuman or degrading treatment or punishment as unlimited rights.

For any avoidance of doubt, that simply means that the rights are absolute so even though the outdated neti Act Cap 90 allows use of "reasonable force" and public strip searches where any entire neti is periodically and shamelessly turned into a nudist park as excited smarters scavenge through our ruts to check for marufuku, let them be warned that such action will no longer be tolerated, as it is unconstitutional.

Izzo has made it clear that any smarter who breaks the law will not be protected by the department and that’s the way it should go.

As l have always stated, Article 2 (4) of the katiba is clear that any law (read Cap 90 here) that is inconsistent with the Constitution is void to the extent of that inconsistency and any act or omission that is in contravention of the Constitution is invalid.

For the uninitiated, searches in neti are called "Terro" from ‘terrorise’. There are teams that camouflage themselves as search squads but are in reality a bunch of torturous extortionists who (mis)use the trust bestowed upon them and their close proximity to the powers to smuggle in the very marufuku that they are supposed to weed out.

So perverse and brazen are these smarters to an extent that they are known to share the loot in the presence of the very netizens from whom the recoveries have been made.

Izzo should ask himself what percentage of the chwaa recovered from netizens is ever surrendered, if at all.

There is need to re-work the list of contrabands so as to minimise conflict.

It is ironical that netizens long used to handling big volumes of chwaa and even giving their children pocket money are prohibited from having even a red in their pockets and yet in the event that they are found with chwaa, the smarters pocket all of it.

What harm would it do if netizens are allowed say five reds pocket money per week? After all netis are supposed to have canteens, according to the Prisons Service Charter.

Talking of canteens, could Izzo verify claims that there is discrimination within his department with some netis allowed canteens while others are denied the same. The search teams are responsible for some of the vilest human rights violations in our netis and we wonder why the TJRC has not bothered to visit us or invite netizens to their deliberations.

Hells Den leads the pack with their Kwekwe squad and we know what they did in 2009 in the "S" block, the Documentation block and the isolated industry block near the football field. We also know how some netizens suspected of sundaring stuff in their "boots" ended up. Manyani and Kodiaga closely follow behind not only in historical injustices, but in current violations of netizens human rights. These search teams operate outside the normal neti protocol and their relatively junior leaders are known to wield more clout than the duty officers who would ordinarily be the de facto leaders in the absence of the sonkos.

Pawning phones

lzzo should also investigate claims that some of the mobile phones being used by some smarters and their relaz were actually taken from netizens in the searches and that trade in recovered marufuku is kawaida kwa laini.

I’m told of a smarter in K44 who used to pawn the phones he recovered in exchange for daily beer supply.

Another was famous for gifting gals with expensive phones recovered from netizens.

I’m told the K44 strongman sorted them out. What is the way forward? Izzo must crack the whip and use the stealth approach. Get leaner teams led by learned dudes, remunerate them well and let them not be permanent and predictable.

Netizens will gladly give them the intel they need to wipe out marufuku once and for al...but hey, l still refuse to believe that mkate is marufuku in the 21st century...lzzo??????