On 25 April 2012, the legal team representing Henry Banda filed two letters with several United Nations Special Rapporteurs requesting Urgent Appeals be addressed to the Government of Zambia regarding politically motivated accusations against Mr. Banda and harassment and threats against his legal counsel, Robert Amsterdam.
“These documents are the first of many appeals we are preparing before international bodies to expose the unlawful conduct of the Zambian
government in the Henry Banda matter, and highlight the ongoing abuses of power by the ruling party to attack and weaken the political opposition,”said Mr. Amsterdam.
“The allegations reported in the media against Mr.Banda are completely without grounds, and the fact that the government has publicly lied concerning his whereabouts and has refused to respond to our questions should raise obvious concerns.”
This is contained in a statement made available to Lusakatimes.
The request for Urgent Appeals concerning Zambia’s unlawful treatment of Mr. Banda was addressed to the UN Special Rapporteur on Freedom of Peaceful Assembly and Association, the Special Rapporteur on Freedom of Opinion and Expression, and the Chair-Rapporteur of the Working Group on Arbitrary Detentions.
A separate request for Urgent Appeals was also sent to the Special Rapporteur on the Situation of Human Rights Defenders and the Special
Rapporteur on the Independence of Judges and Lawyers on behalf of Mr.Amsterdam in response to various threats, harassment, and defamation by
government and party officials in the media, which is alleged as a violation of Mr. Banda’s right to counsel.
According to the letter, “Mr. Banda’s imminently threatened detention,extradition and prosecution would accordingly violate his rights under
Article 9.1 (right to liberty and freedom from arbitrary detention),Article 19 (freedom of opinion and expression), Article 22 (freedom of
association) and Article 25 (a) (right to take part in the conduct of public affairs) of the International Covenant on Civil and Political
Rights, to which Zambia has been a State Party since 1984, among other international instruments guaranteeing these rights.”
The letter continues, “The threats and intimidation against his lawyer and human rights defender, Robert Amsterdam, violate Principle 16 of the Basic Principles on the Role of Lawyers, and Articles 9.3(c) and 12.2 of the United Nations Declaration on the Right and Responsibility of Individuals,Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.”
Total BS it is all academic
This is a joke of the day…coming from a lawyer who does not understand what is on the ground. Let the gvt respond to this lawyer thru UN and see who will have the last laugh. The fact is us Zambians are behind the PF govt and shall support it as long as they continue fighting corruption. Amsterdam whatever he is called must come to Zambia and get facts about his client instead of ranting from wherever he is.
Threatened and now threatening
Henry just come back to Zed and spend a day or two in cells and then get released on bail. Thats it!
why? to please you or whoever? Will that put more money in our pockets or create jobs? that shouldnt be the basis of anyone spending a single minute in jail.
There is nothing wrong in locking up a suspect just as SATA was once locked up. He shud then apply for bail and wait for the court to finalise the case.
Banda come back from U.S.A and asnwer the charges, your Mpundu Trust Fund and your son Henery going to the U.N wont help you and your family. If you are innocent why not face the courts in Zambia, what are you hiding from?
Robert Amsterdam if a filth lawyer who has no respect for our judiciary. As far as I know, Zambia is a sovereign state and as long as it is acting within the law, it has a right to try its citizens in our courts of law. Of course this Amsterdam thinks Africa is a continent where he can bulls***hit everyone. If Henry is innocent, why won’t he come back home so that Amsterdam puts up strong defence for him? why is Amsterdam so afraid?
Andrew Banda is in Lusaka co-operating with authorities and spilling the beans. You can go to UN or even to heaven or hell, but the evil you do always comes home to roost.
Wina azagona ku Chimbokaila. Just prepare under-wear make of metal.
One of Henry’s brothers is reported to have willingly returned to Zambia to be questioned by the authorities over some issues. As far as we aware he has not been detained. This is what Henry should have done weeks ago but instead decided to make things bad for himself. I agree with #3 above.
But when is the DPP and Fred Mmembe paying back the K14 Billion as ordered to be paid back by a High Judge Nigel Mutuna? If these people who claim to be “clean” are refusing to comply with a high court ruling why should ordinary listen to their threats? Where is the rule of law when friends of those in power are refusing to comply with court judgments and will stop at nothing in writing off the K14 Billion loan?? Henry SHOULD NOT avail himself before a rotten judicial system.
You can never clean yourself by smearing feaces on others.
“Don’t worry kid. I gotchu like that! They have their turf and no charges yet to taint my one trick pony intention to make this a completely different case. One that fits my MO. I’ll do what needs to be done so I can get a few late night show appearances alongside a couple of gigs as somebody’s expert somewhere. We’ll make you poster boy for innocence and challenge the UN to pay us more attention than it did anyone in Gitmo. In fact I need to find out if that Zambian kid taken to Gitmo then released to the UK can unrevoke his citizenship and put out a rapp single about persecution… Oh wait that won’t work. Hold on let me rethink our strategy…”
This is a clear witch hunt.Why is it that pipo lyk pombo,mulongoti,masebo,mangani,etc re nt being investigated.Is it bcoz they re saint?Or is it bcoz they switched sides?……….We knw that this our president wants to wipe out every opposition party so that he ushers us into a one party state rule and Zambians re nt dlind to that.SHAAME.
Henry made his money through kick backs, not government coffers.
mpombo, masebo, chitala, mangani, mwanawasa, molongoti grow up, dont look up to HMCS for favors! some of us left our parents homes many years ago and have never cried for jobs, pls learn from us. You had your chance, so leave others to enjoy those same jobs
can we also use our legal experts to counter this lawyer
The likely outcome is Zed will be in bad books with UN human rights, its a slippery to road to ‘failed state’ status’ as already mentioned by one blogger.
As for Henry, GRZ is likely to be compelled to pay him for what he is now spending on Lawyers……
If our relations with South Africa become spoilt over this issue, we should also remember SA has the capacity to ‘shut’ that ka economy……80% of our trade is with or via SA.
Let things be done thru da rite procedure!I pf wd mek a dfrence after hvg suffered in opostion bt they just apear to be the worst!rule of law must be respected!
Why go to all those lengths when he has vowed never to step in Zed???
Remember, the world changed on 9/11, if a country is looking for, the others cooperate; No one wants to harbour Fraudsters, Money-launderers & terrorists!!!
We are seriously concerned on the behaviour of PF Ministers and Police Service for their barbaric destructions of intra-governmental and international basic governance principles. RB’s Family is being persecuted by the PF system. However, Given Lubinda, Sakeni, Shamenda and IG Stellah Libongani must take note that in the event of the inevitable change of govt they will not be protected by immunity which is extended to the Republican President only . Ukwa’s term of Office is restricted by Constitutional provisions because he is not a Monarchy.
‘Zambians have short memory’ I have always had difficulties accepting such an allegation but in the case of Bwezani & sons it looks like I am getting convinced that indeed our memories are so short. How can anybody say yes Bwezani’s children were right to swindle zambians of millions in illegal acts selling the state companies and pocketing revenue from such? Why should Zambia pay Henry for prosecuting him in corrupt cases? Simply because muzungu lawyer gets involved so some zambians become afraid? poor self image….lets fight corruption in our precious z and get things right.
But Henry is not even Zambia is American by birth. So he stole from a foreign country.
@18 lol!
@ Umumbulu. If that allegation holds then one wonders if a kickback is legal under Zed law coz any improper or illicit payment that influences the provision of a tender or contract is normally perceived to be illegal no matter whose pocket the payment comes from. Sadly corruption is only called by its name in countries like ours while a blind eye is normally turned to the source of said payment. I reckon the world will be a better place when the rotters who encourage this are globally named, shamed and blacklisted from conducting any business. Utopian thought I know :) Glencore et al smile at my naïveté…
et al. Just to be pedantic :)
@ 2 ma-Ucar and a few others like @ 6 Zedian you are right on spot! GOD BLESS ZAMBIA.
Where are going as a nation, please let us tackled this case with maturity as government. You seem to be in hurry as government to prosecute every one from the former ruling party without following the right channels. Winter is causing a lot of nonsenses by altering on the case any how. Let those who deal with this case do their job professionally if Henry stole we Zambians wants the money back. But handle the case with maturity. The current behavior is like chasing a cock carrying apiece of meat to which if it drops it pa mafi no one will eat it.
#12 UMUMBULU…..so why cant he just come back and defend himeslf