AAAS Scientific Responsibility, Human Rights and Law Program

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FACTS OF THE CASE:

In late July, the Kenyan Ministry of Health issued written statements to Central Provincial Pathologist, Dr. Moses Njue, and an independent pathologist, Dr. Andrew K. Gachie, confirming that they would not be de-registered or transferred from their positions. The Ministry of Health had threatened to strip Drs. Njue and Gachie of their official registration in April 2002 after the physicians concluded that a recent detainee had been tortured to death by police. Drs. Njue and Gachie also received death threats from unknown parties. The Ministry of Health reversed its position after meeting with the Director of the Independent Medico-Legal Unit (IMLU) in July 2002. The IMLU coordinates independent autopsies. The government also rescinded a recent regulation that required all doctors working in the civil service, government hospitals, or universities to obtain their employer's permission before undertaking private or independent post-mortem examinations.

According to Amnesty International, IMLU's work is beginning to return to normal although some doctors report that they are still have difficulties conducting independent post-mortems in the City Mortuary in Nairobi. However, the IMLU believes that this problem will soon be resolved and it will continue to work with the government to ensure that independent autopsies will be performed in Kenya.

Both Drs. Njue and Gachie thanked all individuals who wrote letters on their behalf. They believe that the strong international attention had a "great impact on what could have been a very damaging situation for independent post-mortem work and the investigation and reporting of human rights in Kenya."

(Source of information for this case is Amnesty International.

RECOMMENDED ACTION:

No action is requested at this time. Many thanks to those who sent letters of appeal.

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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