The Human Rights Commission (HRC) has once again reminded the Zambia Police Service of their legal obligation to admit suspects to police bond or bring them before a court of law within the legally prescribed timeframe. This statement comes in response to growing concerns over the prolonged detention of Hon. Raphael Nakacinda, raising broader questions about the infringement on suspects’ rights to liberty.
In a formal communication, the HRC reminded the police of their duty to either grant bond or liaise with the National Prosecution Authority (NPA) to ensure that suspects are presented before a court in accordance with Zambia’s legal requirements. This ensures that the fundamental rights of individuals are upheld, and prevents arbitrary detention. The failure to adhere to these standards has been a recurring issue in the past.
“The Zambia Police Service is under a legal obligation to either admit suspects to bond or closely work with the National Prosecution Authority to bring suspects under their custody before the courts of law within the legally stipulated period of time to avoid infringements on the right to liberty and protection of the law,” read part of the Commission’s statement.
This reminder follows a series of similar incidents in which the police have failed to comply with the law regarding the timely admission of suspects to bond, resulting in rights violations. Several cases stand out where the police have been found in breach of legal procedures.
For example, in 2016, Obvious Mwaliteta, a former Lusaka Province Minister, was arrested on robbery charges during the general election period. Mwaliteta was detained without being presented to court within the stipulated 48 hours, sparking outrage from civil society and human rights activists. His prolonged detention without bond was widely criticized as a clear violation of his legal rights.
Another significant case was that of current President Hakainde Hichilema, who was arrested in 2017 and charged with treason. Hichilema was held for several days without being granted bond or brought before a court, which led to accusations of political persecution. The HRC and various legal experts condemned the actions, pointing to the violation of constitutional rights.
More recent cases include Brian Mundubile, a key opposition leader, who was detained by the police in 2022 over allegations of unlawful assembly. Despite the availability of a bondable offense, Mundubile was held for an extended period without being offered police bond, in direct contravention of legal guidelines. His case sparked debates about selective justice and the misuse of police powers.
In 2020, Chishimba Kambwili, another prominent opposition figure, was detained by police and denied bond, although the charges against him were bondable. The failure to admit him to bond in a timely manner led to protests from opposition parties, which accused the government of using the police to suppress dissent.
Under Zambia’s Constitution and the Criminal Procedure Code, a suspect is entitled to police bond or to be brought before a court within 48 hours of arrest, except in cases where the offense is non-bondable. Failure to meet these obligations violates the suspect’s right to liberty and the protection of the law. This is further entrenched in the Zambia Police Act, which mandates the timely handling of detainees.
The HRC continues to play a crucial role in monitoring these violations and reminding law enforcement agencies of their responsibilities. In its response to the Nakacinda case, the HRC reaffirmed its commitment to ensuring that the rights of all citizens are respected, regardless of political affiliation. The Commission emphasized that prolonged detention without bond not only violates human rights but also undermines public confidence in the justice system.
“We sincerely thank you for your commitment to promoting and protecting human rights,” read the conclusion of the Commission’s letter. It also called for an ongoing dialogue with the Zambia Police Service to ensure adherence to the rule of law and respect for human rights.
The prolonged detention of Hon. Raphael Nakacinda brings to light ongoing challenges in Zambia’s criminal justice system, where police have frequently failed to comply with the law regarding bond admissions. With a history of similar violations, the Human Rights Commission has reiterated the need for strict adherence to legal standards to prevent the unlawful detention of suspects and ensure that the rights enshrined in the Constitution are upheld. As the investigation into Nakacinda’s detention continues, the HRC is expected to intensify its efforts to promote transparency and accountability within law enforcement.
LT Editor.
Oh, so we do have a human rights body in Zambia?
Just advise the Police to do the right thing than going down memory lane. How does history help this situation. But what is more puzzling is to know that there is even a human rights body in Zambia.
Its almost become a police state ?
Judging by the way they operate
It also depends if accused is able to meet the bond conditions.