UK court allows Kenyan charge over 1950s torture to proceed
Source: Agencies |
October 6, 2012, Saturday
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A BRITISH court ruled yesterday that three elderly Kenyans who were tortured under British rule in the 1950s could pursue their claim for damages from London, a judgement likely to encourage other claims from victims of colonial-era brutality.
Now in their 70s and 80s, the claimants suffered castration, rape and beatings while in detention during a ruthless crackdown by British forces and their Kenyan allies on rebels from the Mau Mau movement fighting for land and freedom.
The trio want Britain to apologize and to fund welfare benefits for Kenyan victims of torture by colonial forces. They were expected to speak at a news conference in Nairobi later.
"I have reached the conclusion ... that a fair trial on this part of the case does remain possible and that the evidence on both sides remains significantly cogent for the court to complete its task satisfactorily," said Judge Richard McCombe.
"The documentation is voluminous ... and the government and the military commanders seem to have been meticulous record-keepers."
Dozens of supporters wept for joy at the back of the court in London following the ruling, and lawyers for the Kenyans said it was an historic judgement.
"Following this judgement we can but hope that our government will at last do the honorable thing and sit down and resolve these claims," said Martyn Day, a lawyer representing the claimants.
"There will undoubtedly be victims of colonial torture from Malaya to the Yemen from Cyprus to Palestine who will be reading this judgement with great care."
Britain's Foreign Office said it was disappointed and believed the judgement had potentially far-reaching legal implications.
"The normal time limit for bringing a civil action is 3 to 6 years. In this case, that period has been extended to over 50 years despite the fact that the key decision-makers are dead and unable to give their account of what happened," it added in a statement.
"Since this is an important legal issue, we have taken the decision to appeal ... At the same time, we do not dispute that each of the claimants in this case suffered torture and other ill treatment at the hands of the Colonial Administration."
Britain first argued responsibility for what happened during the Mau Mau crisis had passed to the Kenyan government upon independence in 1963.
After a court rejected that position in 2011, the government argued the case should not proceed because it was brought after the legal time limit.
South Africa's revered Archbishop Desmond Tutu has thrown his authority behind the case, accusing Britain of hypocrisy for criticizing the human rights record of other countries while refusing to face up to its own.
Now in their 70s and 80s, the claimants suffered castration, rape and beatings while in detention during a ruthless crackdown by British forces and their Kenyan allies on rebels from the Mau Mau movement fighting for land and freedom.
The trio want Britain to apologize and to fund welfare benefits for Kenyan victims of torture by colonial forces. They were expected to speak at a news conference in Nairobi later.
"I have reached the conclusion ... that a fair trial on this part of the case does remain possible and that the evidence on both sides remains significantly cogent for the court to complete its task satisfactorily," said Judge Richard McCombe.
"The documentation is voluminous ... and the government and the military commanders seem to have been meticulous record-keepers."
Dozens of supporters wept for joy at the back of the court in London following the ruling, and lawyers for the Kenyans said it was an historic judgement.
"Following this judgement we can but hope that our government will at last do the honorable thing and sit down and resolve these claims," said Martyn Day, a lawyer representing the claimants.
"There will undoubtedly be victims of colonial torture from Malaya to the Yemen from Cyprus to Palestine who will be reading this judgement with great care."
Britain's Foreign Office said it was disappointed and believed the judgement had potentially far-reaching legal implications.
"The normal time limit for bringing a civil action is 3 to 6 years. In this case, that period has been extended to over 50 years despite the fact that the key decision-makers are dead and unable to give their account of what happened," it added in a statement.
"Since this is an important legal issue, we have taken the decision to appeal ... At the same time, we do not dispute that each of the claimants in this case suffered torture and other ill treatment at the hands of the Colonial Administration."
Britain first argued responsibility for what happened during the Mau Mau crisis had passed to the Kenyan government upon independence in 1963.
After a court rejected that position in 2011, the government argued the case should not proceed because it was brought after the legal time limit.
South Africa's revered Archbishop Desmond Tutu has thrown his authority behind the case, accusing Britain of hypocrisy for criticizing the human rights record of other countries while refusing to face up to its own.
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