HRC CONDEMNS THE ILL-TREATMENT OF YOUTHS SUSPECTED TO HAVE DEFAMED PRESIDENT HH

Lusaka ~ Wed, 22 June 2022

By Brightwell Chabusha

The ill-treatment of youths suspected to have defamed President Hakainde Hichilema by the Zambia Army officers in Chiengi District of Luapula Province on 15th June this year has shocked the Human Rights Commission (HRC/Commission).

HRC Chairperson Mudford Mwandenga said torture is prohibited under international and regional human rights instruments.

Mr Mwandenga said this in a statement issued to the media today.

“The Commission is shocked and gravely concerned at the apparent lack of remorse by the Zambian Army as evidenced by the justification of the cruel, inhuman or degrading treatment or punishment of the youths through a media report attributed to the Director General for Civil Military Affairs, Brigadier General Genoh Muke,” he said.

“Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is absolutely prohibited under international and regional human rights instruments that Zambia is a party to as well as under Article 15 of the Constitution of Zambia, Chapter 1 of the Laws of Zambia. For the avoidance of doubt, the Commission is of the view that even a “few slaps” can and do amount to brutality contrary the position taken by the Zambia Army. It is, therefore, deeply regrettable that the Zambia Army can attempt to justify a violation of the Constitution and human rights, in a democracy such as Zambia.”

Mr Mwandenga said the Commission does not support any form of hate speech such as insulting language, expression of hatred, discrimination and any form of expression that violates the rights and reputation of any individual because that is outside the ambit of freedom of expression and opinion.

He however added that the respect for the rule of law, human rights and constitutionalism, which the New Dawn Government espouses to uphold, demands that suspects should be subjected to the due process of the law.

“In this case, Law Enforcement Agencies are mandated to apprehend or arrest suspects and facilitate their appearance before the courts of law within twenty-four hours or as is reasonably practicable or consider granting them bond as provided for under section 33 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia,” he said.

“It is only the courts of law that are legally mandated to hand down prescribed punishment/s to suspects (which incidentally does not include a “few slaps”) when they are convicted of an offence, as guided by Article 18 of the Constitution.”