232/99 John D. Ouko / Kenya Summary of Facts 1. The Complainant claims to be a Student's Union leader at the University of Nairobi, Kenya. 2. He alleges that he was forced to flee the country due to his political opinions. 3. He mentions the following as issues which led to his strained relations with the government and his arrest and detention, and eventually to his fleeing the country: (a) The demand for the setting up of a Judicial Commission of Inquiry into the murder of his late uncle and former Kenyan Minister of Foreign Affairs, Mr Robert Ouko; (b) His condemnation of the seeming government involvement in the murder of his predecessor at the Students' Union, Mr Solomon Muruli; (c) His condemnation of corruption, nepotism and tribalism in government; (d) His condemnation of the frequent closure of public universities. 4. Prior to his fleeing the country, he was arrested and detained without trial for 10 months at the notorious basement cells of the Secret Service Department headquarters in Nairobi. 5. The detention facility was a two by three metre basement cell with a 250 watts electric bulb, which was left on throughout his ten months detention. 6. The Complainant alleges that throughout his period of detention, he was denied bathroom facilities and was subjected to both physical and mental torture. 7. The Complainant claims that he fled the country on 10 th November 1997 to Uganda, where he initially sought political asylum but was denied asylum. 8. The Complainant alleges that since he could not obtain any protection in Uganda, he had to flee to the Democratic Republic of Congo (DRC) in March 1998, and has been residing there to date. 9. The Complainant claims to be living presently in Aru, Northeast of the Democratic Republic of Congo. 10. The Complainant further alleges that until August 1998, when the war broke out in the DRC, he was under the United Nations High Commissioner for Refugees' (UNHCR) assistance programme. 11. Since the said war started, leading to the evacuation of UNHCR staff, he has been living in a very desperate and despicable situation. Complaint The Complainant alleges violations of Articles 5 , 6 , 9 , 10 and 12 of the African Charter. Procedure 12. At its 26 th Ordinary Session held in Kigali, Rwanda, the Commission decided to be seized of the communication and requested the Secretariat to notify the parties. 13. On 18 th January 2000, letters were dispatched to the parties notifying them of the Commission's decision. 14. On 23 rd May 2000, during the 27 th Ordinary Session held in Algeria, the Secretariat of the Commission received a letter from the Complainant stating, among other things, that he has been in Kampala for medical reasons since November 1999. In addition, he informed the Commission of his ordeals in the Democratic Republic of Congo, including his being kidnapped and forced to work as a computer operator for the rebels in Kisangani. 15. At its 27 th Ordinary Session held in Algeria, the Commission examined the case and declared it admissible and requested parties to furnish it with arguments on the merits of the case. 16. On 12 th July 2000, the Secretariat communicated the Commission's decision to the parties. 1

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