refugees who are originally from neighboring Horn of African countries; and have continued
hunting for more, reported HRLHA reporter in Nairobi, Kenya on April 13, 2014.
This indiscriminate action against all
immigrants who have been in the country
began on Friday April 2, 2014; and has
mainly targeted the immigrants living in
Eastleigh District of Nairobi, a
neighbourhood largely dominated by Somalis
and Oromo immigrants and is often referred
to as district of immigrants. More than 400
Oromos and other Ethiopian immigrants
have been arrested in these crackdowns. The
crackdowns against immigrants by Kenyan Police and security began is said to been in response
to the three bomb blasts in Eastleigh/ Nairobi and Mombasa in late March 2014, which killed
about 12 people and injured 8 others. According to HRLHA’s informant, more than two
thousand asylum seekers and refugees have been detained in the Kasarani Football Stadium in
the Capital, a location described as a temporary police station, while some are being held at the
Pangani police station.
Among hundredths of Ethiopian Oromos arrested in Nairobi, HRLHA has managed to obtain
the following names:
No Name No Name Status
1 Abdi Mohammed
Ahamed
26 Arif Amin Abdallaa Asylum Seeker
2 Suleyman Nuure 27 Ismail Iliyas Kamaal Asylum Seeker
Mohammed
3 Ibsaa Safuan
Mohammed Najash
28 Arif Abdulwad Abdalle Asylum Seekrd
4 Rudwan Abubakar Ali 29 Ibsaa Jemal Mohammed Asylum Seeker
5 Iliyas Kamal Usma'il 30 Fariya Mohammed Asylum Seeker
6 Abdisaa Mohammed
Kalif
31 Mommed Nasir Yusuf Asylum Seeker
7 Jemaal Sani
Mohammed
32 Mommed Nasir Yusuf Asylum Seeker
8 Anwar Muktar Ahamed 33 Ilillii Abrahim Asylum Seeker
9 Nabil Abdulaxif 34 Sa'ada Aqil Asylum Seeker
10 Tumsaa Robaa
Qaxxisoo
UN.mndt file
NETH033036/1
35 Abdoo Nahawi Asylum Seeker
11 Imane Ahamed Yusuf UN file
#NETH038280
36 Rihanaa Mohammed
Mussaa
Asylum Seeker
12 Jbny Najib Abubakar 37 Mistar Jamaal Asylum Seeker
13 Roba Yusuf Abdalle 38 Guuled Sheka Asylum Seeker
14 Adam Roba 39 Ifa Abdulahi Hassan file
No.NETH035846/1
15 Mohammed Osman
Roba
40 Mahadi Idiris Asylum Seeker
16 Fuad Aliyi Mumme 41 Azizaa Asylum Seeker
17 Nasri Ibrahim Jibro 42 Yusuf Yahya
Ahamed/Somli
Asylum Seeker
18 Faami Sharif Ali 43 Abdi Abduraman Kabir Asylum Seeker
19 Jemal Abdo Osman
44 Zakariya Mohammed
Oumer
Asylum Seeker
20 Gatiso Phetroos Eroke 45 Yassin Ahamed/Oromo Asylum Seeker
21 Sani Ahamed Yusuf 46 Haaji Shariif Ali Asylum Seeker
22 Xeha Mohammed 47 Abdusamad Ame With Family
23 Ashrafuu Ali Mussaa 48 Mubina Abdusamad With Family
24 Mohammed Osman
Mussaa
49 Caaltuu Abdusamad With Family
25 Zanabe
The HRLHA has also learnt that the Kenyan police and security forces are extorting
valuable materials and also committing physical and mental abuses during the arrests. Besides,
the Kenyan authorities have disclosed to different media agents that they are intending to
deport all UNHCR unregistered asylum seekers; and have already deported 82 Somali refugees
based on a pretext that they entered into Kenya without legal document.
The HRLHA would like to reiterate that deportations of refugees to their countries of
origin against their wills are in breach of Kenyan and international laws. In case those
Ethiopian-Oromo and other refugees have been deported, the Ethiopian Government has a
well-documented record of gross and flagrant violations of human rights, including the torturing
of its own citizens who were involuntarily returned to the country. The government of Ethiopia
routinely imprisons such persons and sentences them to up to life in prison, and often impose
death penalty. There have been credible reports of physical and psychological abuses committed
against individuals in Ethiopian official prisons and other unofficial or secret detention centers.
Under Article 33 (1) of the Convention Relating to the Status of Refugees (189 U.N.T.S. 150), to
which Kenya is a party, “[n]o contracting state shall expel or forcibly return a refugee in any
manner whatsoever to the frontiers of territories where his life or freedom would be threatened
on account of his . . . political opinion.” This obligation, which is also a principle of customary
international law, applies to both asylum seekers and refugees, as affirmed by UNHCR’s
Executive Committee and the United Nations General Assembly. By deporting the four refugees
and others, the Kenyan Government will be breaching its obligations under international
treaties as well as customary law.
1. Under the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (1465 U.N.T.S. 185) to which Kenya acceded in 1997, Kenya has an
obligation not to return a person to a place where they face torture or ill-treatment. Article 3 of
the Convention against Torture provides: No state party shall expel, return (“refouler”) or
extradite a person to another state where there are substantial grounds to believe that they
would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent
authorities shall take into account all relevant considerations including, where applicable, the
existence in the state concerned of a consistent pattern of gross, flagrant or mass violations of
human rights. We strongly urge the government of Kenya to respect the international treaties
and obligations it has signed.
The Human Rights League of the Horn of Africa (HRLHA) is highly concerned about the safety
and security of all asylum Seekers and refugees detained in all Kenyan Police stations and other
detention centers including the above listed asylum seekers and refugees and for those who are
still living in Kenya. It urges the government of Kenya to respect the international treaties and
obligations, and unconditionally release the arrested asylum seekers and refugees, and refrain
from handing over to the governments of their countries where they would definitely face
torture and maximum punishments. It also urges all human rights agencies (local, regional and
international) to join the HRLHA and condemn these illegal and inhuman acts of the Kenyan
Government against defenseless refugees. HRLHA requests the governments of the Western
countries as well as international organizations to continue interfering in this matter so that the
safety and security of the arrested asylum Seekers and refugees and those refugees currently
staying in Kenya could be ensured.
RECOMMENDED ACTION:
Please send appeals to the President and Deputy President of the republic Kenya and its
concerned officials as swiftly as possible, in English, or your own language expressing:
Your concern at the apprehension and fear of deportation of the refugees who are
being held in detention since they were arrested, and calling for their immediate
and unconditional release;
Urging the authorities of Kenya to ensure that these detainees are treated in
accordance with regional and international standards on the treatment of
prisoners.
To:
His Excellency Uhuru Kenyatta, President of the Republic of Kenya
P o. Box 74434-00200 Nairobi, Kenya , Tel: 254 203 247000
His Excellency William Ruto , Deputy president of the Republic of Kenya
Email: The Deputy president@ODP-Kenya OR dp@deputypresident.go.ke
April 14, 2014
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