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Kenyan Mau Mau victims in talks with UK government over legal settlement
Payments to thousands who were tortured during 1950s insurgency could open door for other victims of British colonial rule
The British government is negotiating payments to thousands of Kenyans who were detained and severely mistreated during the 1950s Mau Mau insurgency in what would be the first compensation settlement resulting from official crimes committed under imperial rule.
In a development that could pave the way for many other claims from around the world, government lawyers embarked upon the historic talks after suffering a series of defeats in their attempts to prevent elderly survivors of the prison camps from seeking redress through the British courts.
Those defeats followed the discovery of a vast archive of colonial-era documents which the Foreign Office (FCO) had kept hidden for decades, and which shed new and stark light on the dying days of British rule, not only in Kenya but around the empire. In the case of the Mau Mau conflict, the secret papers showed that senior colonial officials authorised appalling abuses of inmates held at the prison camps established during the bloody conflict, and that ministers and officials in London were aware of a brutal detention regime in which men and women were tortured and killed.
As a handful of details began to emerge last week from the confidential talks between lawyers for the government and the Mau Mau veterans, the FCO said it acknowledged the need for debate about Britain's past, and added: "It is an enduring feature of our democracy that we are willing to learn from our history." Up to 10,000 former prisoners may be in line for compensation, if the talks result in a settlement. Although the individual amounts will vary greatly, the total compensation is likely to run into tens of millions of pounds.
The Foreign Office knows that compensation payments to Mau Mau veterans are likely to trigger claims from other former colonies. Any such claims, if successful, would not only cost the British taxpayer many millions of pounds; they could result in testimony and the emergence of documentary evidence that would challenge long-cherished views of the manner in which Britain withdrew from its empire.
Former Eoka guerrillas who were imprisoned and allegedly mistreated by the British in 1950s Cyprus are already considering bringing claims against the British government.
The archives of the International Committee of the Red Cross show that its inspectors documented widespread use of torture in British prisons during that insurgency, with some individuals being waterboarded, with kerosene mixed into the water.
Historians and personal injury lawyers believe strong claims could be made on behalf of individuals who were imprisoned during the 1960s insurgency in the colony of Aden, now part of Yemen. Papers from the time show abuses inflicted upon prisoners were carefully documented by British officers, and that senior colonial officials kept the FCO informed.
Documentary evidence could also support compensation claims from Swaziland in southern Africa and British Guiana, now Guyana, in South America. However, as a result of a number of rulings in the House of Lords, no damages claims arising from events before 1954 can be brought in the English courts. During the process of decolonisation, the eight-year insurgency known as the Mau Mau uprising was possibly the most bloody conflict in which the British became embroiled, with up to 30,000 Kenyan deaths, both insurgent and loyalist.
Thousands of people – estimates vary from 80,000 to 300,000 – were detained in a network of camps that were described in one Pulitzer-winning history of the conflict as Britain's gulag.
Official papers from the time confirm that prisoners suffered appalling abuses. Some died under torture, with colonial officials writing about prisoners being "roasted alive". In one of the few prosecutions brought against the torturers, in December 1954, a Nairobi judge, Arthur Cram, compared the methods employed to those of the Gestapo.
One of those abused was Hussein Onyango Obama, the grandfather of Barack Obama. According to his widow, British soldiers forced pins into his fingernails and buttocks and squeezed his testicles between metal rods. Two of the original five claimants who brought the test case against the British government were castrated.
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Payments to thousands who were tortured during 1950s insurgency could open door for other victims of British colonial rule
The British government is negotiating payments to thousands of Kenyans who were detained and severely mistreated during the 1950s Mau Mau insurgency in what would be the first compensation settlement resulting from official crimes committed under imperial rule.
In a development that could pave the way for many other claims from around the world, government lawyers embarked upon the historic talks after suffering a series of defeats in their attempts to prevent elderly survivors of the prison camps from seeking redress through the British courts.
Those defeats followed the discovery of a vast archive of colonial-era documents which the Foreign Office (FCO) had kept hidden for decades, and which shed new and stark light on the dying days of British rule, not only in Kenya but around the empire. In the case of the Mau Mau conflict, the secret papers showed that senior colonial officials authorised appalling abuses of inmates held at the prison camps established during the bloody conflict, and that ministers and officials in London were aware of a brutal detention regime in which men and women were tortured and killed.
As a handful of details began to emerge last week from the confidential talks between lawyers for the government and the Mau Mau veterans, the FCO said it acknowledged the need for debate about Britain's past, and added: "It is an enduring feature of our democracy that we are willing to learn from our history." Up to 10,000 former prisoners may be in line for compensation, if the talks result in a settlement. Although the individual amounts will vary greatly, the total compensation is likely to run into tens of millions of pounds.
The Foreign Office knows that compensation payments to Mau Mau veterans are likely to trigger claims from other former colonies. Any such claims, if successful, would not only cost the British taxpayer many millions of pounds; they could result in testimony and the emergence of documentary evidence that would challenge long-cherished views of the manner in which Britain withdrew from its empire.
Former Eoka guerrillas who were imprisoned and allegedly mistreated by the British in 1950s Cyprus are already considering bringing claims against the British government.
The archives of the International Committee of the Red Cross show that its inspectors documented widespread use of torture in British prisons during that insurgency, with some individuals being waterboarded, with kerosene mixed into the water.
Historians and personal injury lawyers believe strong claims could be made on behalf of individuals who were imprisoned during the 1960s insurgency in the colony of Aden, now part of Yemen. Papers from the time show abuses inflicted upon prisoners were carefully documented by British officers, and that senior colonial officials kept the FCO informed.
Documentary evidence could also support compensation claims from Swaziland in southern Africa and British Guiana, now Guyana, in South America. However, as a result of a number of rulings in the House of Lords, no damages claims arising from events before 1954 can be brought in the English courts. During the process of decolonisation, the eight-year insurgency known as the Mau Mau uprising was possibly the most bloody conflict in which the British became embroiled, with up to 30,000 Kenyan deaths, both insurgent and loyalist.
Thousands of people – estimates vary from 80,000 to 300,000 – were detained in a network of camps that were described in one Pulitzer-winning history of the conflict as Britain's gulag.
Official papers from the time confirm that prisoners suffered appalling abuses. Some died under torture, with colonial officials writing about prisoners being "roasted alive". In one of the few prosecutions brought against the torturers, in December 1954, a Nairobi judge, Arthur Cram, compared the methods employed to those of the Gestapo.
One of those abused was Hussein Onyango Obama, the grandfather of Barack Obama. According to his widow, British soldiers forced pins into his fingernails and buttocks and squeezed his testicles between metal rods. Two of the original five claimants who brought the test case against the British government were castrated.
More...