May 30, 2013

“You Are All Terrorists”

Kenyan Police Abuse of Refugees in Nairobi

To the Government of Kenya
To the Deputy Inspector Generals of the Regular Police and Administration Police
To the National Police Service Commission (NPSC) and the Independent Police Oversight Authority (IPOA)
To the Chief of Defence Forces
To the Ministry of Interior and Coordination of National Government
To the Department of Refugee Affairs
To the Office of the United Nations High Commissioner for Refugees (UNHCR)
To the African Commission on Human and Peoples’ Rights’ Special Rapporteur on Refugees, Asylum Seekers, IDPs and Migrants in Africa
To Donor Governments Providing Support to UNHCR and to Kenya
I. Background
Grenade and Other Attacks in Kenya Since October 2011
Long-standing Pattern of Kenyan Law Enforcement Abuses Against Somali Kenyans and Somali Refugees
II. Torture, Rape, Beatings, and Extortion by the Kenyan Police
Rape, Other Forms of Sexual Assault, and Threats of Sexual Violence
Beatings, Kicking, Punching, and Slapping
Theft and Extortion
Police Abuses as Torture
III. Arbitrary Detention and Criminal Charges Without Evidence
Arbitrary Detention
Detention in Police Stations
Detention in Police Vehicles
Detention in the Street
Detention in Homes
Criminal Charges Without Evidence
IV. Kenya’s Refugee Relocation Plan
Kenya’s Urban Refugees
Announcement of Plan to Relocate Urban Refugees
The Unlawfulness of Kenya’s Refugee Relocation Plan
Freedom of Movement
Retrogressive Social and Economic Rights Steps
Forced Evictions
Decrease in Assistance to Urban Refugees
Suspension of Refugee Registration and Destruction of Refugee Identity Documents
The Legal Challenge to the Relocation Plan
V. UNHCR’s Response
VI. Ongoing Crisis in the Dadaab Refugee Camps
Humanitarian and Funding Crisis
Security Crisis
VII. Insecurity in Somalia and the Risk of Refoulement
The Current Situation in Somalia
Returns from Kenya to Somalia Following Police Abuses
Risk of Direct and Indirect Forced Return of Somali Refugees from Kenya