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Abducted & Tortured: Difference between revisions

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== πŸ“œ International law violations ==
== πŸ“œ International law violations ==
* [[International Convention for the Protection of All Persons from Enforced Disappearance]]
* [[International Convention for the Protection of All Persons from Enforced Disappearance|International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)]]
* [[Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)]]
* [[Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)]]
* [https://wikizetu.com/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoples’ Rights]
* [https://wikizetu.com/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoples’ Rights]
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* [https://khrc.or.ke/press-release/enforced-disappearances-increased-by-450-in-2024/ Enforced disappearances increased by 450% in 2024 – *KHRC / Missing Voices*, May 2025 ] Β 
* [https://khrc.or.ke/press-release/enforced-disappearances-increased-by-450-in-2024/ Enforced disappearances increased by 450% in 2024 – *KHRC / Missing Voices*, May 2025 ] Β 
* [https://www.hrw.org/news/2024/11/06/kenya-security-forces-abducted-killed-protesters Kenya: Security Forces Abducted, Killed Protesters – *Human Rights Watch*, NovemberΒ 2024 ]
* [https://www.hrw.org/news/2024/11/06/kenya-security-forces-abducted-killed-protesters Kenya: Security Forces Abducted, Killed Protesters – *Human Rights Watch*, NovemberΒ 2024 ]
* [https://www.amnestykenya.org/missing-voices-annual-report-2024-brutal-policing/ MISSING VOICES ANNUAL REPORT 2024: BRUTAL POLICING]

Latest revision as of 09:01, 27 July 2025

⚠️ If you have been abducted or tortured, your story matters.
Sharing your experience here helps us build a stronger case for justice β€” not just for yourself, but for all victims. Together, we are working toward a safer Kenya, grounded in truth, accountability, and the rule of law. Your voice is a powerful tool in the fight for justice, dignity, and constitutionalism.

Constitutional Violations

The violent suppression of peaceful protests constitutes a clear violation of the right to a fair trial and the presumption of innocence. Each resulting abduction bring trauma, suffering and underscores a grave failure to uphold and adhere to constitutional and human rights obligations.

βš–οΈ 1. Article 28 -29 Human Dignity & Protection from Torture – (Kenya 2010 Constitution)

β€œEvery person has inherent dignity and the right to have that dignity respected and protected.” β€” Article 28 β€œEvery person has the right to freedom and security... which includes the right not to be treated or punished in a cruel, inhuman or degrading manner.” β€” Article 29(f)


πŸ•ŠοΈ 2. Article 37 – Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution)

β€œEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.” β€” Article 37


βš–οΈ 3.Article 50 – Presumption of Innocence in Kenyan Law - (Kenya 2010 Constitution)

In Kenyan law, the right to a fair trial β€” including the presumption of innocence β€” is firmly protected under the Kenya 2010 constitution.

Article 50(2)(a) of the Constitution of Kenya, 2010 states:

"Every accused person has the right to a fair trial, which includes the rightβ€”

(a) to be presumed innocent until the contrary is proved;"

This means that:

  • An accused person does not have to prove their innocence.
  • The burden of proof rests on the prosecution.
  • The prosecution must prove the case beyond reasonable doubt.
  • Any doubt must be resolved in favour of the accused.

Principles of a Fair Trial in Kenya

  • Fair hearing: Conducted before an independent and impartial court.
  • Legal representation: The accused has the right to choose and be represented by a legal practitioner.
  • Disclosure of evidence: The prosecution is required to disclose all relevant evidence to the defence.
  • Timely trial: The trial must be conducted without unreasonable delay.

πŸ“œ International law violations

Abducted and tortured persons

Template

πŸ’” Victim name

Killed: 2024
Justice Status: status

References and Reports on Human Rights Violations During Kenyan Protests (2023–2025)