Police blamed for Eastleigh rights abuses

Tuesday, July 15, 2014

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THE Independent Policing Oversight Authority has faulted the recent crackdown on refugees and suspected illegal immigrants in the Eastleigh estate and other parts of Nairobi.

In a report released yesterday, the government agency charged with providing civilian oversight over police work said that Operation Sanitization of Eastleigh (reported throughout the media as Operation Usalama Watch), launched by security agencies in April, did not comply with the rule of law, democracy, human rights and fundamental freedoms.

According to IPOA, the operation was launched to flush out al Shabaab adherents, illegal aliens and search for improvised explosive devices (IEDs) and other arms so as to detect, disrupt and deter terrorist and other organized criminal activities that resulted in the spate of attacks in Nairobi.

The IPOA findings indicate the National Police Service failed to meet constitutional obligations during the operation, especially with regard to the Somali community in the Eastleigh area.

“The operation appears to have antagonized a segment of the local community, particularly of Somali ethnic or social origin, in Nairobi’s Eastleigh area, to the extent that they would flee and lock themselves up in houses whenever they sighted Police vehicles or officers,” the report says.

It added that out of 2,724 people screened as at May 24, more than half (1,474) were ethnic Somalis and of 481 people who had been deported, 332 were Somalis sent to Mogadishu.

“While this large number of Somalis may have been contributed to by the large number of ethnic Somalis resident in the areas targeted, it certainly contributed to the widespread feeling of alienation and discrimination among this group,” the report points out, saying the situation is counter-productive to the spirit of community policing and may erode the gains made in the public-police partnership in the fight against crime.

“It is IPOA’s firm position that the police cannot be able to foster relationships with the broader society where its operations engender a feeling of ethnic profiling. Unfair policing shapes the view of Police as biased and untrustworthy and generates reluctance to cooperate with Police Officers, a fact which in turn undermines efficiency in profound ways,” it adds.

Even though the operation was aimed at preserving national security, IPOA said it was carried out without adherence to the laid-down statutory requirements, rules and procedural regulations.

“Therefore the operation was carried out without adherence to discipline and professional standards,” the report documents. The report further notes that IPOA monitoring teams received many allegations of police officers without uniforms or identification documents seeking bribes, of which the Chairman, Macharia Njeru, said they had commenced investigations on 29 extortion cases with the results expected to be out soon.

“There were complaints of detainees being beaten during arrests and at Police Stations. The detainees and members of the public further complained of harassment, being roughed up, inappropriate touching and demand of receipts for household items such as electronics and other home appliances. Failure to produce receipts to the members of the NPS resulted into either confiscation of the household goods, illegal arrest or extortion of bribes by the officers,” Macharia said in the report.

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