4. The Complainants submits that soon afterwards, the First Complainant and her
associates were arbitrarily and with no explanation, arrested by 15 armed
members of the Kenyan Anti-Terror Police Unit (ATPU) and they were not
provided with an opportunity to call her embassy, family or lawyer.
5. The Complainants allege that the first victim and her companions were taken to a
police station in Malindi, then later to another police station in Mombasa, where
they stayed overnight. She alleges that on 10 January 2007 the next day, they were
taken to Kileleshwa Police Station in Nairobi, where a police officer said
“Welcome, Al Qaeda” to her. Again, the First Complainant claims she was denied
consular assistance, legal advice, and contact to her family. She states that she
bribed a guard who afterwards let her telephone brother after being held
incommunicado for 3 days. The Complainants aver that the First Complainant was
detained in an overcrowded and unsanitary cell; slept on the floor without
bedding; denied medical attention after falling ill and on one occasion forcibly
stripped naked. She contends that she feared for her life throughout. The First
Complainant alleges that on 27 January 2007 in the middle of the night, the police
transported her to the Tanzanian border, upon arrival and after being questioned,
the Tanzanian authorities surrendered her back to the Kenyan police because she
was lawfully in the country. The Complainants submit that the First Complainant
was then taken to a police in Namanga to a small, overcrowded cell underground.
The First Complainant further alleges that the prison guards accepted hashish as
bribe from the male prisoners in the neighboring cell to let them rape her, the
prison guards ultimately had a change of heart.
6. The Complainants submit that on 27 January 2007 the First Complainant was
assaulted and violently forced into an aircraft which took her to Somalia where
she was detained and interrogated for ten days. The Complainants further submit
that while in Mogadishu, the First Complainant was terrorized by her proximity
to ongoing hostilities of the Somalian Civil war; the bullet and bomb holes on the
wall from previous attacks and the sound other detainees being beaten and
abused. The complainant submits that the first victim was denied food and water,
she also fell ill and was deprived of medical care.
7. The Complainants submit that after 10 days, the First Complainant was rendered
without any due process to Ethiopia where she had to sleep outside on a mattress
3