IMLU REPORT ON "OPERATION OKOA MAISHA"       

PRELIMINARY REPORT OF MEDICO-LEGAL INVESTIGATION OF TORTURE BY THE MILITARY AT MOUNT ELGON "OPERATION OKOA MAISHA"         

Since the January post election violence and subsequent mediation and resultant national accord by the political elites there continues massive appeals on reconciliation by the grand coalition government behind the scenes the government has and continues to engage in massive infringement of fundamental rights of historical proportions never witnessed before on the civilian population in Mount Elgon district and surrounding areas.
The much touted joint military operation that has been conducted under the secrecy veil since early march 2008 and has resulted in mass arrests and subsequent prosecution of over twelve hundred persons and most of the persons arraigned have raised complaints of torture and exhibited injuries that remain to be accounted for by the state, the government has on its part termed allegations of torture as propaganda and argued that no complaints have been lodged with relevant agencies. Government denial has three stages, starting with saying torture did not happen, continuing by saying that what happened was something else, and finally saying that what happened was justified for the protection of national security or some other purpose.

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URGENT APPEAL FOR FUNDS DUE TO POST ELECTION VIOLENCE 

Kenya held its 10th National elections on 27th December 2007 in a seemingly peaceful environment. This election witnessed the highest voter turnout since independence; about 67% of registered voters.

The polling was followed by long delays in tallying and release of presidential election results that generated nationwide tension characterized by speculation on rigging of the elections and public protests. The results were released in this atmosphere hence sparking nationwide violence driven by ethnicity and perceived political affiliation. The violence took the form of killings, rape, forceful evictions, lootings, property destruction and internal displacement. Media reports estimate that over 850 people have been killed, over 500,000 internally displaced or forcefully evicted (Kenya Red Cross Society).

Most of the affected have taken refuge in police stations, churches and other safe havens but are far removed from easy access to medical and psychological care, In light to this IMLU sends an urgent appeal for funds to donors, as we are unable to cater for the high numbers of people who need medical, counseling and Legal assistance at this volatile moment.

IMLU’s POST ELECTION ACTIVITIES

Rehabilitating survivors of the post election violence through medical and psychological support. IMLU is identifying, screening and providing physical and psychological medical support to survivors of post election violence who have sustained injuries. All survivors undergo a pre-counseling assessment and those who require counseling are being offered psychotherapy.

Carrying out forensic documentation of violence related deaths.
IMLU is currently conducting nationwide post-mortems on victims of the post-election violence with support from the Open Society Initiative of East Africa. However the available resources can only enable IMLU to conduct a maximum of 80 post-mortems. More would be conducted subject to availability of funds.

 Brief History  

Independent Medico-Legal Unit (IMLU), founded in 1992, is a registered non-governmental organization that seeks to promote the rights of torture victims, public interest litigation and protect Kenyans from all forms of State perpetrated torture by advocating for legal and policy reforms.

It also monitors government adherence to human rights, rehabilitates victims of torture and capacity building of key stakeholders.

In the 1990s, most of IMLU’s work centred on providing medical assistance to victims of the tribal clashes that rocked most of the Western and Rift Valley provinces and the victims of the State repression of the February Eighteenth Revolutionary Army (FERA). The victims were tortured, jailed without trial or jailed on trumped up charges while others disappeared with not trace.

Since then IMLU has continued to document torture cases and use legal redress and advocacy to seek justice for torture survivors. Over the years, IMLU has developed the capacity to rehabilitate torture victims through provision of medical and psychological treatment, facilitating legal action and documenting torture cases in Kenya. From a small unit providing services on volunteer basis, IMLU has developed a regional reputation as an anti-torture organization in Kenya.

IMLU’s vision is to promote a torture free society. Our mission is to promote the rights of torture victims and protect Kenyans from all forms of state perpetrated torture by advocating for legal and policy reforms, monitoring government adherence to human rights, rehabilitating victims of torture and building the capacity of key stakeholders.

Mission and Objectives
IMLU’s mission is to promote advocacy against torture, professional and accountable
administration of justice, and preservation of human rights.

Guiding Philosophy
• Believe in the inherent human dignity
• Respect for the due process of the law
• Belief in the upholding of freedom from torture and protection of human rights
• Recognition that torture is unacceptable
• Empathize with victims of torture and related human rights violations

Range of Service
Medical
• In and out patients on any health issues which is torture related
• Prison visits and medical camps
• Postmortems
• Exhumations
• Physiotherapy
• Psychiatry
• Counseling
Capacity building for
• Doctors
• Lawyers
• Magistrates and Judges
• Counselors
• Pathologists
• Prison and police officers
• Medical and law students

Legal
• To provide legal services through litigation funds Against Torture.

Advocacy
• Local
• International

Socio economic Help
• Referral

Key achievements

• Demystifying torture related deaths through post-mortems.
• Successful lobbying for prisons open door policy.
• Enhanced capacity and empowerment of key stakeholders and staff.
• Enhanced collaboration between healthcare professionals and lawyers in East Africa.
• Reintegration of torture survivors back to the society.
• Holding state agents accountable.
• Enhanced public awareness on torture.
• Lobbied for abolishment of corporal punishment in Kenya.
• Outlawing of confessions made by suspects to police officers during interrogation

Imlu Donors and Partners
IMLU is proud to be associated with the following donors who have continued offering their financial and moral support our activities since inception :

• Norwegian Embassy
• The Embassy of the United States of America
• Open Society Initiative
• International Rehabilitation Center of Torture Victims
• Center for Victims of Torture
• KIOS
• OAK FOUNDATION
  
• European Union
• Royal  Netherland Embassy
• United Nations Voluntary fund for Victims of Torture
• TROICARE
• USAID
• British Foreign Commonwealth Office 
• FORD FOUNDATION
• Center for Victims of Toruture
• Switzerland Embassy
  
• East Africa Breweries Limited