EXTERNAL (for general distribution)AI Index: AFR 32/21/90

Distr: UA/SC

19 September 1990

Further information on UA 350/90 (AFR 32/18/90, 6 September) - Legal Concern/Fear of Torture

KENYA : Israel Otieno AGINA

Philip Gachoga GITHAIGA

Israel Otieno Agina, who was arrested on 16 August 1990, is still held in custody without having been brought to court or allowed access to his family or legal representative. The authorities have not said where he is being held. The Constitution only permits arrested people to be held for up to 14 days for the most serious offences before being brought before a court. Israel Agina's detention for over a month is illegal but in political cases, such prolonged unlawful detentions are common and are evidently condoned by the police, judiciary and Attorney General's Office. Several of those so detained have been subjected to torture or ill-treatment in order to press them to plead guilty to a political offence.

Philip Gachoga Githaiga was released on bail on about 6 September 1990. No date has been set for his trial on the charge of possession of a seditious publication.

FURTHER RECOMMENDED ACTION: Telegrams/telexes/faxes/express and airmail letters:

Please continue to send appeals on behalf of Israel Otieno Agina;

- urging that his unlawful detention be immediately brought to an end and that to maintain the rule of law, there should be a judicial inquiry into who was responsible for it so that they can be brought to justice;

- expressing fears for his safety from torture or ill-treatment and urging that he be given immediate access to his family, legal representative and an independent medical doctor;

- appealing for his immediate and unconditional release if he was arrested simply for his non-violent opinions.

APPEALS TO:

Mr Matthew Muli Mr James Kanyotu

Attorney General Director of Special Branch

Office of the Attorney General Kenya Police Headquarters

PO Box 40112 PO Box 33308

Nairobi, Kenya Nairobi, Kenya

Telegrams: Attorney General Muli, Telegrams: Police Special Branch

Nairobi, Kenya Director, Police HQ, Nairobi, Kenya

Telexes: 22003 FOREIGNRB Telexes: 22720 COMPOL KE

or 22696 FOREIGNRB (Attn: Director Special Branch)

(via Ministry of Foreign Affairs)

Mr James Mareka

Commissioner of Prisons

Kenya Prison Service Headquarters

PO Box 30175

Mareka, Telegrams: Prison Commissioner

Nairobi, Kenya Prison Service HQ, Nairobi,Kenya

COPIES TO:

Mr Wilson Ndolo Ayah Mr Philip Kilonzo

Minister of Foreign Affairs Commissioner of Police

Ministry of Foreign Affairs Kenya Police Headquarters

P O Box 30551 PO Box 30083

Nairobi, Kenya Nairobi, Kenya

Mr Justice Alan Hancox The Chairman Law Society of Kenya

Chief Justice Law Courts P O Box 72219

PO Box 30041 Nairobi, Kenya

Nairobi, Kenya

and to diplomatic representatives of Kenya in your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 31 October 1990.