September 30, 2008

Appendix B. Letter to the Kenyan Government, August 29, 2008

August 29, 2008

Hon. George Saitoti

Minister of Internal Security and Provincial Administration

Office of the President

Harambee House

Harambee Avenue

Nairobi, Kenya

            Via email and facsimile

Hon. Moses Wetang'ula

Minister of Foreign Affairs

Ministry of Foreign Affairs

Harambee Avenue

Nairobi, Kenya

            Via facsimile

Dear Minister Saitoti and Minister Wetang'ula:

Human Rights Watch has long been concerned about Kenya's role in the detention and rendition of at least 85 men, women, and children to Somalia in January and February 2007. Human Rights Watch's March 22, 2007 letter detailing the then-available information about the rendition operation is attached for your convenience.

We are writing now to follow up on that letter. We are particularly concerned about the whereabouts and well-being of the following men who have asserted Kenyan nationality, yet were rendered to Somalia nonetheless. Some are reportedly being detained by the Ethiopian military in Addis Adaba; the whereabouts of others are unknown.

1.Saidi Shifa – rendered January 20, 2007 to Mogadishu

2.Salama Ngama – rendered January 20, 2007 to Mogadishu

3.Hussein Ali Said – rendered January 20, 2007 to Mogadishu

4.Tsumu Solomon Adan Ayila – rendered January 20, 2007 to Mogadishu

5.Salim Awadh Salim – rendered January 27, 2007 to Mogadishu

6.Abdulrashid Mohammed – rendered January 27, 2007 to Mogadishu

7.Swaleh Ali Tunza – rendered January 27, 2007 to Mogadishu

8.Hassan Shaban Mwazume – rendered January 27, 2007 to Mogadishu

9.Bashir Hussein Chirag Mohammed Sader – rendered 1/27/07 to Mogadishu Said Hamisi Mohammad – rendered January 27, 2007 to Mogadishu

10.Abdallah Halfan Tondwe – rendered February 10, 2007 to Mogadishu

11.Kasim Musa Mwarusa – rendered February 10, 2007 to Baidoa

12.Ali Musa Mwarusi – rendered February 10, 2007 to Baidoa

We request that you provide us with any known information about these men's whereabouts. Specifically, we would like the following information about each of these men: (i) what steps has the Kenyan government taken to ensure his well-being and secure his return to Kenya?; (ii) has the Kenyan government requested consular access to him, and if so, was it granted, and when?; (iii) where is he being held, and on what grounds?; (iv) is his Kenyan nationality in doubt, and, if so, what has been done to review and assess the claim of Kenyan citizenship?

We plan to produce a short report detailing the results of our investigation into the whereabouts and well-being of these men. We hope to hear back from you by no later than September 30, so that we can include your responses to our questions in that report.

Thank you,

Jennifer Daskal

Senior Counterterrorism Counsel

Enclosure

cc:       Raila Odinga, Prime Minister of Kenya