海角大神

A historic legal ruling in London today could leave Britain鈥檚 government facing dozens of new court cases alleging systematic torture by the officers of its former empire dating back decades.

Three elderly Kenyans who say Britain鈥檚 imperial administration beat, raped, or castrated them in the 1950s have won the right to take their allegations to a full trial after a three-year legal battle. The claimants are asking for compensation and a government apology.

The High Court in London today dismissed arguments from Britain鈥檚聽Foreign Office that a fair trial was impossible because many potential witnesses have already died and because the events in question happened so long ago.

鈥淚t鈥檚 a seismic ruling, with implications in multiple other former British colonial territories,鈥� says Caroline Elkins, a Harvard University professor and author of 鈥淚mperial Reckoning,鈥� a study of Britain鈥檚 conduct during its imperial administration in Kenya.

鈥淭his case didn鈥檛 come out of thin air. There are other colonial theaters 鈥� Palestine, Northern Ireland, Malaya, Aden, Cyprus 鈥� where a very similar kind of systematic brutality and violence played out,鈥� Ms. Elkins says.

鈥淭he High Court has stated that, even 50 years later, governments can聽be held accountable for their actions. While it does not say that they聽will be, or what the outcome will be, it opens the door for these聽other cases to start too,鈥澛燛lkins says.

In his ruling today, Justice Richard McCombe said there was enough potential evidence in Britain鈥檚 imperial archives available to both prosecution and defense to permit legal action to move forward.

鈥淭he documentation is voluminous 鈥� the governments and military commanders seem to have been meticulous record keepers,鈥� Justice McCombe said when reading the ruling aloud in court.

鈥淚 have reached the conclusion 鈥� that a fair trial on this part of the case does remain possible and that the evidence on both sides remains significantly cogent for the court to complete its task satisfactorily,鈥� McCombe 聽said.

Assaulted and detained

The three claimants involved in yesterday鈥檚 historic ruling, Paulo Muoka Nzili, Wambuga Wa Nyingi, and Jane Muthoni Mara, all in their 70s and 80s, say they were violently assaulted during their detention by British forces ruling Kenya in the 1950s and 1960s.

They were interned during the Mau Mau rebellion, a revolt by mostly rural聽Kenyans against their imperial masters that led to thousands of arrests, detentions, and violent assaults on Kenyans. Thousands died.

Britain does not deny that its colonial officers "tortured" or "ill treated" Mr. Nzili, Mr. Wa Nyingi, and Ms. Mara. But all three are asking for an official apology from the British government and compensation for injuries they suffered, which includes lifelong complications that followed their abuse.

Martyn Day, the British lawyer representing the three Kenyans, called the court鈥檚 decision today 鈥渉istoric鈥� and said it would 鈥渞everberate around the world.鈥�

"There will undoubtedly be victims of colonial torture from Malaya to the Yemen from Cyprus to Palestine who will be reading this judgment with great care,鈥� Mr. Day said.

鈥淭he British Government 鈥� has been hiding behind technical legal defenses for three years in order to avoid any legal responsibility,鈥� Day said. 鈥淔ollowing this judgment we can but hope that our government will at last do the honorable thing and sit down and resolve these claims.鈥�

Room for appeal

Dozens of elderly Kenyans gathered at a Nairobi human rights organization鈥檚 office to hear the judgment today, and ululated, clapped, and danced when it was announced.

鈥淚 hope 鈥� this means that the British government will finally come here to give us something to support our families and to help us,鈥� Wa Nyingi told 海角大神 after the Justice鈥檚 decision. All three victims were present at the human rights organization鈥檚 office when the announcement was read. Wa Nyingi finds it hard to understand the delay in issuing an apology and compensation, he says.

鈥淚t is wrong that this thing is taking so long.鈥�

But he may have to wait even longer. After the ruling was issued, the British government announced it would appeal the decision.

鈥淚t seems that their strategy is to continue to fight this thing on legal technicalities until we die, and then the matter will be closed,鈥� says Gitu wa Kahengeri, the head of the Mau Mau Veterans鈥� Association.

鈥淲e are all old people, if they can delay two or three years, it will聽be too late.鈥�

A fourth claimant, Ndiku Mutwiwa Mutua, died earlier this year.

South Africa鈥檚 Archbishop Desmond Tutu called on Britain to 鈥渟how some compassion鈥� following the ruling.

鈥淭he British Government must now resolve this issue once and for all,鈥� Mr. Tutu said.

鈥淭hey have admitted these elderly Kenyans were tortured by British officials but have refused to apologize or to show any concern for their welfare. The Courts have now rejected their legal defense twice in two years. It is high time the government stops avoiding responsibility and shows some compassion.鈥�

A spokesman for the British Foreign Office explained the reason for appeal centers around the ruling鈥檚 鈥減otentially significant and far reaching legal implications.鈥�

鈥淭he normal time limit for bringing a civil action is 3 to 6 years,鈥� the spokesman said.

鈥淚n this case, that period has been extended to over 50 years despite the fact that the key decision makers are dead and unable to give their account of what happened. Since this is an important legal issue, we have taken the decision to appeal.鈥�