Acknowledgments 5; Methodology 7; Executive Summary and Recommendations 9; Chapter 1: Introduction 17; Chapter 2: Anti-Terrorism Police Unit Human Rights Abuses 23; ATPU Detention of Swaleh Abdullah Said, October 9, 2013 24; ATPU Detention Operation, November 13-14, 2012 26; Other ATPU Raids and Detainee Abuse 30; Allegations of Unlawful Killings and Disappearances 34; Renditions and Transfers to Torture: Uganda, Somalia, and United States 42; Chapter 3: Impact of ATPU Abuses on the Community 47; Chapter 4: Police Reform and the Legal Framework for Counterterrorism Policing 51; International, Regional, and Domestic Human Rights Protections 52; Gaps in Law and Implementation 56; Chapter 5: Prevention of Terrorism Act, 2012--A Human Rights Analysis 61 Vaguely and Broadly Defined 62; Mens Rea 63; Criminalization of Membership 63; Due Process Guarantees 64; Severity of Punishment 66; Chapter 6: Conclusion 67; Notes 69.
Summary:
The Kenyan government has credited its Anti-Terrorism Police Unit (ATPU) with providing a robust counterterrorism response, thwarting dozens of terrorist plots, and arresting or killing dozens of terrorist suspects. But, in carrying out its work, the ATPU has committed a wide array of human rights abuses that violate international, regional, and domestic law. This report is based on over 40 interviews carried out by researchers from the Open Society Justice Initiative and Muslims for Human Rights (MUHURI) a non-governmental organization based in Mombasa, Kenya. It includes credible allegations of extrajudicial killings, beatings of terrorist suspects, arbitrary detention, renditions, and the disappearance of at least one man by the ATPU. The report traces ATPU abuses from 2007 to the present and demonstrates that the ATPU's abuses are counterproductive to combatting terrorism and destroy the trust between communities and Kenya's security forces. At a time when Kenya is undertaking sweeping reforms to limit the police's excessive powers, the ATPU must receive greater scrutiny and oversight. ATPU officials must be held accountable for their human rights abuses, and victims must receive reparations. In addition, the new police reforms must be urgently implemented. Finally it is important that foreign security assistance does not help to fund security forces such as the ATPU that commit human rights abuses.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.