Mr. Amos Wako
Attorney General
P.O. Box 40112
Nairobi, Kenya

Dear Attorney General:

I wish to express my concern regarding the recent and apparently arbitrary arrests in Kenya of refugees from Rwanda, Burundi, and several other countries. More than 80 people from Rwanda and 30 from Burundi, as well as a number of individuals from Ethiopia, Somalia, Uganda, Yemen, Nigeria and the Democratic Republic of Congo, are reported to have been arrested since 18 July 1997. Many of those arrested are children.

These mass arrests occurred after Kenyan police, at the request of the International Criminal Tribunal for Rwanda (ICTR), arrested seven people suspected of playing leading roles in the genocide in Rwanda in 1994. However, it is my understanding that the 80 Rwandese refugees arrested later have not been accused of involvement in the genocide. If they, as well as the other refugees who have been arrested, have committed no crime, why are they being held? What is the reason for these mass arrests?

Please understand that I sincerely appreciate the cooperation that Kenyan authorities have exhibited in helping the ICTR identify and arrest suspected perpetrators of the genocide in Rwanda. However, and I hope you agree, this should not serve as a pretext for ordering or condoning the arbitrary arrests of innocent people.

I urge you to use the influence of your position to bring about the immediate release of all detained refugees unless they are promptly charged with a recognizably criminal offense. Ensure that they are not ill-treated or denied access to medical care, lawyers and visits from their families while in custody. And please take all necessary measures to prevent their forcible return to Rwanda or Burundi where they would be at risk of serious human rights violations.

Respectfully yours,