The Independent Medico-Legal Unit (IMLU) is a network of independent doctors and lawyers who provide independent postmortem examinations of suspicious deaths in the hands of law enforcement agencies and to document suspected cases torture and provide medical and legal aid to prisoners and survivors of torture. The IMLU was established in 1995, at the height of ethnic clashes in Kenya believed to have been perpetrated by powerful individuals in the government. Around the same time, the Kenya Medical Association issued a press statement asserting that no torture took place in Kenya after IMLU officials were quoted by sections of International press alleging torture inflicted on some of the convicts in police custody.
IMLU first organized their network through lobbying for the formation of professional standing committees, namely the Kenya Medical Association Standing Committee on Human Rights and the Law Society of Kenya Committee on Human Rights. Once the committees were established, the IMLU developed ongoing workshops for members to enhance the capacity of health workers and lawyers to deal specifically with torture issues. The workshops take place all over the country and IMLU tries to visit all the major towns once every two years. The workshops address topics such as defining human rights, building relationships with the Prison Department, and educating professionals and government officials on human rights statutes and violations.
In order to reach victims and families of victims of torture, IMLU also networks with various religious bodies, lawyers, doctors and NGOs throughout Kenya who refer clients to IMLU. Clients who want a postmortem on family members first complete a Post-Mortem Request Form and, because of IMLU’s network throughout the country, doctors who live nearest to the victim quickly administer postmortems. Results are carefully documented according to medical and legal guidelines.
IMLU encourages clients to seek legal redress when evidence of torture is discovered. For clients who cannot afford a lawyer, IMLU refers them to a network of lawyers and NGOs providing pro bono legal services. Their goal is to pursue public interest cases that will set a precedent against the use of torture and send a message to perpetrators of torture.
Despite generous funding by the various donors, the demand on IMLU’s services often exceeds their financial capacity to support victims of torture. Another difficulty for IMLU is the slow response of lawyers to victims in rural Kenya, due to the fact that most lawyers reside in Nairobi. With the help of Royal Netherlands Embassy, IMLU intends to establish a rapid response team which will include an in-house lawyer.
IMLU has also experienced police interference and intimidation in postmortem documentation. In such cases, IMLU has joined with other NGOs to publicize these issues by releasing press statements that condemn interference and bringing legal action against police intimidation before the courts. With the change of government, the doctors now feel more secure as IMLU tries to document to the highest standards and ensure that before doctors issue press statements on alleged torture that there is adequate evidence and allegations can be substantiated.
Because of IMLU’s continued efforts to expose torture in Kenya, several torture cases have been taken to court, resulting in increased interest in the well-being and treatment of prisoners. Moreover, prison authorities are now demonstrating an interest in better prison conditions by reducing the use of physical punishment or torture.
Summary completed on February 6, 2003.
Performing independent postmortem examinations to document cases of torture
