Peter
Gichura wins 2 Court Battles
Asylum seeker Peter Gichura will be able to stay in the UK to
prepare his disability discrimination test case "at least
until October", following a hearing in the High Court last
Wednesday.
Peter, a wheelchair user, left Kenya in 2001 fleeing political
persecution as a disability activist. His asylum claim was rejected.
He presented a fresh claim in 2006 on the grounds that his health
had deteriorated and he would not be able to access the healthcare
he needs if he were deported, which could lead to his death. The
Home Office refused this claim too, but after today he could challenge
their refusal.
In February and August 2006, Mr Gichura was detained in Harmondsworth
detention centre in appalling conditions: not being able to use
the bathroom and toilet properly, painful and threatening body
searches and inadequate medical treatment, including being given
the wrong medication. After pressure from supporters, he was released
and is suing the Home Office and Kalyx, which run the detention
centre.
On Monday, a district judge at the Central London County Court
ruled that Mr Gichura could pursue his disability discrimination
case.
In addition, the Court of Appeal must decide whether the Disability
Discrimination Act is binding on immigration removal centres and
prisons before December 2006, when new regulations came in.
Through an Anti-Deportation campaign with Payday and WinVisible,
based at the Crossroads Women's Centre, Peter Gichura has received
widespread support.
Claire Glasman, from WinVisible said: "A victory in his case
would help establish rights and protections for all disabled people."
Great news -- disabled activist Peter Gichura released
- deportation cancelled!
Faced with widespread concern and pressure from groups and individuals,
the Home Office cancelled the deportation of Peter Gichura planned
for Thursday 23 February. He was released from Harmondsworth
Detention Centre on Friday 24 February. On his release, Peter said:
"I want to thank all my friends and supporters and particularly
those who campaigned on my behalf -- Payday men‚s network, Leonard
Cheshire, my solicitor and numerous organisations and individuals
-- without whom I would have been deported to persecution, worsening
disability and most likely death.
"At the detention centre, despite being dependent on my wheelchair,
I was detained in an inaccessible environment ˆ I could
barely open the door of my room and was locked out from using the
toilet ˆ they had no facilities to allow me to bathe. The healhcare
was appalling, I never received the medication I asked for,
for my bladder infection problems. I was actually given somebody
else's antibiotics which I knew was no good.
"Now I will continue fighting for my right to stay, and
for a change to the asylum laws so that my sisters and brothers are
not faced with the same racism and heartlessness that is part and
parcel of immigration controls."
Disabled activist under threat of deportation
Peter Gitau Gichura a father, a wheelchair user and activist for
disability rights from Kenya, is under threat of being deported
tomorrow Thursday 23 February, even though he has submitted a fresh
claim for asylum.
He is currently detained at Harmondsworth Detention Centre. We
are extremely concerned as he is very ill and as a wheelchair user
has been placed in an inaccessible environment. Since his detention
he has been fighting to have access to healthcare, the physical
care he needs and his medication.
Mr. Gichura became disabled in 1990 due to a fall from a tree while
trying to escape from the police. His spine was severely injured
and he broke both hands, and because he did not receive adequate
medical attention he later lost the use of his legs.
He started to support himself as a street-hawker (street seller)
in Nairobi. With other disabled people, he formed the Mwanzo Disabled
Development Society (MDDS) in 2000, of which he was the chairman,
giving advice and support to other disabled people.
Nairobi Council issued licenses to hawk, but would revoke them
without justification for political gain and vast corruption. Street
hawkers with all types of disability were victims of assault by
the police. The MDDS's campaigns against this violence and discrimination
led to Mr. Gichura‚s life being in danger. On several occasions
he was arrested, detained and beaten.
The MDDS tried to set up projects for people with disabilities
on community land previously allocated to disabled people, but
the local authorities refused to allocate it. As the MDDS became
more critical of them, Mr. Gichura became the target of death threats
from a senior government official and immediately after this was
detained for a week by the police. He was released with a warning
to stop all campaigns. Threats and arrests continued from then
on, and the persecution became unbearable.
Mr. Gichura and all the leading members of the MDDS had to urgently
leave Kenya. On arrival in London, in June 2001, he was sent from
one office to another to which he had to travel on foot, using
crutches. At the time he was interviewed by immigration officials,
he was in pain, exhausted and traumatised and without proper legal
representation -- which explains the minor discrepancies that the
Home Office relied on to dismiss his claim and appeals.
Mr. Gichura was refused National Asylum Support Service (NASS)
housing and cash on the basis that they had no accessible accommodation,
so ever since he has had to live without cash ˆ first in a
nursing home and then in inaccessible accommodation subsisting
on £28 Tesco vouchers a week (abolished for people getting
NASS support).
Mr. Gichura‚s health has worsened greatly since he arrived
in the UK. He is now unable to use crutches at all. He developed
bladder problems, which have worsened despite taking antibiotics
since 2001. He has unbearable pain and burning sensations. He suffers
from stomach ulcers. He has been unable to contact his wife and
son who are in hiding against persecution.
Despite all the difficulties, Mr. Gichura has made a home in London,
and contributes to the community helping others, he is a valued
member of our group Payday men's network based at the Crossroads
Women‚s Centre, as well as regularly volunteering with Leonard
Cheshire, and an active member of the Church group, Back to God
Ministries.
Mr. Gichura has now presented a new application for asylum based
on the lack of access to the healthcare he needs to survive, and
the fact that he would be discriminated against in Kenya, where
many people believe disability to be a curse which can result in
discrimination in access to healthcare and other services and sometimes
violent attacks from prejudiced people.
A report by <http://www.daa.org.uk/>Disability Awareness
in Action (DAA) worldwide charity previously commissioned by UNESCO
to study obstacles to integration faced by disabled people, concludes:
"In developing countries ... people with spinal injuries
died within two years of their injuries, not from lack of treatment,
but because of their living conditions. To survive the effects
of bowel and bladder dysfunction (inevitable results of spinal
injury), a person with spinal injuries requires a fully accessible
and aseptic home with modern hygienic toileting and bathing facilities.
Without these available on a daily basis the disabled person is
likely to contract uncontrollable infection of the kidneys, leading
to death. It is my honest and considered opinion that the return
of Peter Gichura to Kenya will result in his death within a short
space of time." Rachel Hurst, Director DAA
What you can do to help
Fax/email Tony McNulty, Minister for Immigration, download
attached Model Letter that you can copy/amend/write your own version.
Fax: 020 7219 2417 from outside the UK + 44 20 7219 2417
Email: mcnultyt@parliament.uk
Tony McNulty
Minister for Immigration
3rd Floor
Peel Building
2 Marsham Street
London
SW1P 4DF
Please notify the campaign of any letters/emails sent:
Peter Gitau Gichura Must Stay
C/0 Payday a network of men
Box 287
London NW6 5QU
Tel 020 7209 4751
Fax 020 7209 4761
Mobile 07957733106
payday@paydaynet.org
Source for this page: Payday a network of men
|