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Executive Director Irungu Houghton on Thursday said committee should also look into alleged extra-judicial executions and enforced disappearances.
- He urged the dialogue committee to recommend sanctions against commanders under whose jurisdiction killings happened during protests.
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Amnesty International Kenya has welcomed the National Dialogue Committee's decision to invite memoranda on issues of concern to the people of Kenya.
Executive Director Irungu Houghton on Thursday said the National Dialogue Committee should focus on the pressing issue of unlawful use of lethal police force against protesters.
He said NADCO should also look into alleged extra-judicial executions, enforced disappearances and the inordinate delay in securing justice for those seeking police accountability.
"We submit this memorandum in the hope of finding a long-lasting solution," Houghton said.
On extra-judicial executions and unlawful use of deadly force on civilians, Houghton said the State is obligated to promote and protect the right to life.
He was reminiscent that in July 2014, amendments to the National Police Service Act were introduced by the National Executive and adopted by the National Assembly.
The amendments permitted the use of "justifiable" force to protect "life and property."
"We submit that this amendment has been used to justify and allow lethal force for the protection of property contrary to the UN Basic Principles of the Use of Force and Firearms," Houghton said.
He said when the victims' families search for justice in courts, there are inordinate delays in the cases which is a stumbling block in holding officers accountable.
"The majority of the victims were killed in protests. Amnesty International Kenya calls on the committee to thoroughly review these cases," Houghton said.
Additionally, he said AI Kenya wants the dialogue committee to address disruption on the right to assemble and protest.
He noted that the Constitution guarantees every person the right to assemble, demonstrate, picket and present petitions to public authorities, peaceably and unarmed.
Houghton said police have repeatedly failed to promote, respect and fulfil Article 37 of the Constitution which envisages that Kenyans can peacefully protest.
Houghton said failure to facilitate peaceful protests is a primary driver for the violence that follows.
He urged the dialogue committee to recommend sanctions against commanders under whose jurisdiction killings happened during protests.
AI also wants enforced disappearances to be addressed in the bi-partisan dialogue.
"The refusal to disclose the fate or whereabouts of the persons concerned or acknowledge the deprivation of their liberty places such persons outside the protection of the law," Houghton said.
He pointed out that the Prevention of Torture Act and National Coroners Service Act should also be looked at.
"The Acts were debated, enacted and signed into law in 2017. Six years later, their regulations are yet to be developed and the laws have not been operationalised," he said.
Amnesty International Kenya strongly believes that operationalisation of these two laws are essential to reduce human rights violations by improving the accuracy of forensic evidence.
Amnesty also wants the dialogue committee to conduct independent investigations in areas hit by recent violence in Nairobi, Kisumu, Migori, Nakuru, Mombasa, Machakos and Homa Bay counties.
"The mission will enable the committee to meet survivors, victims families, human rights defenders, police officers and community leaders," Houghton said.