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FACTS OF THE CASE:

Two Kenyan physicians are facing threats of being stripped of their official registration after concluding that a recent detainee had been tortured by police. On 25 March 2002, officials found the body of Paul Kimani Wambiru on a street in the town of Nyeri. Police had arrested Wambiru earlier that month on charges of theft and transferred him to the Nyeri jail. According to official reports, police released Wambiru at 5 p.m. on 25 March. His body was discovered later that evening.

On 4 April 2002, the Central Provincial Pathologist, Dr. Moses Njue, and an independent pathologist representing Wambiru's family, Dr. Andrew K. Gachie, conducted an autopsy. In their report, the two physicians concluded that the cause of death was torture in police custody. The autopsy revealed that Wambiru's left testicle had been crushed and his bladder and intestines ruptured. The examination also found evidence that Wambiru had been beaten with blunt objects, causing the lung cavity to be filled with blood and leaving severe facial bruising. Statements from fellow inmates also support the torture claim and refute the official claim that Wambiru was ever released from custody, as he was beaten so badly that he was unable to walk.

Following the autopsy, police arrested and charged five policemen with murder. The police officers requested another autopsy. Wambiru's body was exhumed and the Chief Government Pathologist, Dr. Kirasi Olumbe, performed a second examination. He concluded that Wambiru had died of natural causes.

Shortly after the second post-mortem, the Minister of Health held a press conference and accused Drs. Njue and Gachie of lying and threatened to de-register them. The Health Minister summoned the doctors to his office and requested that they harmonize their report with Olumbe's. When both physicians refused, the Ministry fired Dr. Njue and threatened again to de-register both of them.

On 7 May 2002, the government ordered a third autopsy despite objections of Wambiru's family. The third autopsy confirmed the torture charge, but the report was not released publicly. The case is currently in the courts, with a judge deciding which autopsy report to consider as the official cause of death.

On 19 May 2002, Dr. Njue publicly complained that the Central Investigating Department had threatened him. Dr. Gachie reported that he had also received threats.

The government has also ruled that only state appointed doctors will perform autopsies, preventing victim's families from requesting that independent pathologists participate in autopsies. This decision interferes with the professional independence of physicians and may hinder independent medical analysis in cases of suspected torture

(Sources of information for this case include: Amnesty International, The East African Standard, and the International Rehabilitation Council for Torture Victims.)

RELEVANT HUMAN RIGHTS STANDARDS

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

• Article 13: Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

International Covenant on Civil and Political Rights

• Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 17(1): No one shall be subjected to arbitrary or unlawful interference with his [or her] privacy, family, home or correspondence, nor to unlawful attacks on his [or her] honour and reputation.
• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Requesting that the government investigate the threats against Drs. Moses Njue and Andrew K. Gachie and take all steps necessary to ensure their physical safety;
• Expressing concern that the demotion of Dr. Njue and the public threats of de-registering the two physicians appears to be intimidation of medical professionals; and
• Requesting that the government make every effort to safeguard the professional independence of pathologists in Kenya, including allowing independent medical professionals to take part in autopsies.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Daniel T. arap Moi
President
The Republic of Kenya
P.O. Box 30510
Nairobi , KENYA
Fax: 011 254-2-210150
Salutation: Dear Mr. President:

Hon Prof Sam Ongeri
Minister for Public Health
Ministry of Public Health
Afya House, Cathedral Road
P.O. Box 30016
Nairobi, KENYA
Salutation: Dear Mr. Minister:

Hon. Major (ret.) Marsden H. Madoka
Minister for Foreign Affairs
Ministry of Foreign Affairs
Harambee Avenue
P.0. Box 30551
Nairobi, KENYA
Fax: 011 254-2-335494
Salutation: Dear Mr. Minister

COPIES SENT TO:

Dr. Yusuf A. Nzibo
Ambassador of the Republic of Kenya to the United States
Embassy of the Republic of Kenya
2249 R. Street, NW
Washington DC 20008
Fax: (202) 462-3829
Salutation: Dear Mr. Ambassador:

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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