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Truth shall set us free, says
ICJ
NATION
Story by ODHIAMBO ORLALE
07. 02. 2008
The International Commission of Jurists has thrown its weight
behind the proposal to form a Truth and Reconciliation Commission
as proposed by mediators.
This would help build peace and healing in Kenya, where nearly
1,000 people have been killed and 300,000 displaced in post
election violence ever since President Kibaki was declared winner,
ICJ said.
In a statement, chairman Wilfred Nderitu, said: “ICJ-K holds the
view that injustice can never be a path to justice, and known
avenues of seeking redress and justice must therefore be used.”
The commission also supported the mediation talks between PNU and
ODM leaders chaired by former UN boss Kofi Annan, and their road
map to peace.
Other members
Other members of the team are former Tanzanian president Benjamin
Mkapa and Ms Graca Machel, wife of former South African president
Nelson Mandela.
On Wednesday, the commission said it abhorred the gross violations
of international law and the culture of violence which continued
to be a threat to the right to life, property and liberty.
Said the chairman: “ICJ is deeply concerned that even as the
mediation talks progress, violence and other gross violations of
international humanitarian law continue unabated in various places.”
Mr Nderitu was optimistic that the talks at Serena Hotel in
Nairobi, between the eight representatives, four each from PNU and
ODM, would signal a return to the rule of law. The PNU team has
Cabinet ministers Martha Karua (Justice and Constitutional affairs),
Sam Ongeri (Education) and Moses Wetangula (Foreign affairs), as
well as Mbooni MP Mutula Kilonzo.
Their ODM counterparts are MPs Musalia Mudavadi (Sabatia), William
Ruto (Eldoret North), Sally Kosgei (Aldai) and James Orengo (Ugenya).
ICJ said it had identified and categorised the various forms of
violence as “killings and other forms of personal injury which
appeared to be spontaneous, and which erupted on December 30 after
the presidential results were announced declaring President Kibaki
winner; post polls violence which seemed to have been targeted at
certain communities and; violence targeting some communities under
the disguise of retaliation.
He said some killings were through excessive use of force by the
police and decried the widespread and unprecedented levels of rape,
sodomy and other indecent acts targeting members of certain ethnic
communities.
The commission wants those who committed the crimes brought to
book, and asked the UN High Commission for Human Rights to probe
violations of international humanitarian law.
International court
It also recommended that suspects be prosecuted before the
International Criminal Court and that Parliament, as soon as it
reconvenes, enacts the International Crimes Bill.
Said Mr Nderitu: “ICJ-K stresses that use of force by police and
other law enforcement agencies must remain measure of the last
resort, and even then, force must be reasonable when all
non-violent measures have failed, and only when there is imminent
threat to the life of officers.
He added that injustice could never bring justice, and called for
an end of impunity by the authorities, saying it could frustrate
reconciliation and peace.
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