Eight Kenyans who have been languishing in Ethiopian jails for about two years over suspicion of terrorist links have threatened to sue the government if the east African nation does not admit liability for their imprisonment.
The group who were recently flown back into the country after being held in Ethiopia for several months as terrorist suspects have sent a petition to the Attorney-General notifying him of their intention to bring charges against police officers who escorted them and handed them over to foreign authorities with kidnapping and abuse of office.
But before they can take the action they want the Attorney-General to exercise his powers and instruct Police Commissioner Mohammed Ali to investigate the allegations of kidnapping and to charge police officers.
The group's lawyer, Mbugua Mureithi told journalists in Nairobion Monday that in the event the Attorney-General fails to respond in the next seven days, they will have no option but go to court and seek reprieve.
"Removing a Kenyan citizen forcibly and against their consent from the jurisdiction of this country amounts to kidnapping under the Kenyan law," Mureithi argued, adding that they had not committed any offences in Kenya or elsewhere.
Salim Awadh, Hassan Shaban Mwazume, Kassim Mwarusi, Ali Mwarusi, Bashir Hussein, Mohamed Chirag, Abdalla Tondwe, Swaleh Tunnza and Said Mohammed have claimed that they were forcibly removed from Kenya without lawful excuse.
They want the Attorney-General to admit liability for the violation of their fundamental rights and freedom on behalf of the police.
The eight terror suspects complained about their arrest, detention and handing over to Somali and Ethiopian authorities, saying it was malicious and in contravention of their rights.
Even before they were taken out of the country, the eight said, they were held in police custody for a period longer than 24 hours provided for in law.
They also said they were held in Ethiopia and Somalia without trial in violation of their rights to personal liberty as guaranteed in the constitution.
"They were subjected to both physical and mental torture by the Kenya police by being thoroughly assaulted whilst in their custody, detained incommunicado; being moved to various police stations whilst blindfolded and were ultimately forcibly flown from the country in the inhuman conditions by being blindfolded, handcuffed from the back and manacled to the aircraft seats whilst being taunted by the police escort," Mureithi said.
Mureithi also stated that while in custody, the eight Kenyans were tortured by various interrogators comprising officers of the Somalia transitional government, Ethiopian military, U.S. intelligence agents, British and Israeli officers who allegedly assaulted and taunted them that they were al Qaida terrorists destined to go and die at the American Naval base in Guantanamo Bay in Cuba.
The eight were brought back into the country early on Saturday when they were airlifted to Voi from Moyale and escorted to their various homes.
The suspects who the government insists would remain under "a watchful eye" were in detention in Somalia between January 27 and February 10, 2007 before being transferred to Ethiopia.
They were released on Saturday without being tried before any court of law both in Kenya and the foreign countries where they were detained.
Source:Xinhua
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