4th January, 2021
The Chairperson,
The Human Rights Commission
Human Rights House
Independence Avenue,
Lusaka.
Dear Sir,
Re: Request to Investigate Extra-judicial Killings and Gross Human Rights Violations by the Zambia Police
1. We write to ask your important institution, the Human Rights Commission (HRC), to investigate the extra-judicial killings and gross human rights violations by the Zambia Police, which occurred on 23rd December 2020. Our request is premised on Article 230 (2) of the Constitution of Zambia, which mandates the HRC to ensure the upholding of the Bill of Rights as well as Article 230(3)(a), which empowers the Commission explicitly to “investigate and report on the observance of rights and freedoms.”
2. As the HRC might be aware, I have been summoned over 17 times by the Zambia Police to answer baseless and politically motivated charges in the last five years. Out of these occasions, only one matter proceeded to Court. However, even this one case was discontinued by the State. This scenario clearly indicates that these interrogations are baseless, vindictive, and intended to persecute and limit the political space for the United Party for National Development (UPND). It is in this context, that the extra-judicial killings, gross human rights violations, and police brutality of 23rd December 2020 should be understood.
3. On 23rd December 2020, I was summoned for interrogation at Zambia Police headquarters concerning the purchase of a farm in Kalomo in 2004. At hand was a private purchase agreement concluded in Kalomo in 2005. The complainant of the alleged crime is a private individual with no ownership claim to the property. Although the allegation has no merit, as a law-abiding citizen, I heeded the Police summons. I proceeded to the Police headquarters as demanded. On the way, heavily armed with military style equipment Police officers blocked our way to the Police headquarters several times, but we kept negotiating our way as we had information that they were hoping I did not submit myself to the Police so that they could forcefully arrest me at night. Further, as we were almost reaching the Police headquarters, the Lusaka Police Commissioner, Mr. Nelson Phiri ‘s official vehicle blocked our way. His aides came out brandishing and pointing AK 47 machine guns, threatening to kill one of my lawyers, Mr. Frank Tayali (see video evidence).
4. On this same day, a crowd composed mainly of UPND members peacefully gathered outside Police headquarters in solidarity with my continued harassment. During the interrogation, scores of heavily armed police officers arrived outside the police headquarters and other nearby government buildings. They descended from police vans in combat readiness formations, and without any warning whatsoever, began shooting at an undisputedly unarmed and peaceful crowd. Their bullets struck and killed Mr. Joseph Kaunda (a UPND member) and Mr. Nsama Nsama Chipyoka (a public prosecutor) and injuring scores of our supporters (see video evidence). A number of our supporters remain in Police custody. It should be emphasized that the Zambian Constitution and international human rights law entitle every person to freedom of assembly and association. It is, therefore, beyond reproach that the people who came to offer solidarity violated no law. The Police had a duty to protect them and not to kill or victimize them, as they did.
5. You may wish to know that the events of 23rd December, 2020 appear to have been pre-meditated and not an occasional lapse. A few days before that date, Home Affairs Minister Stephen Kampyongo gave chilling warnings to UPND supporters who expressed their intention to accompany me to the Police for interrogation by stating that the Police would enforce the law “by any means necessary.” Similarly, Lusaka Province Minister Bowman Lusambo compared UPND supporters who expressed their intentions to exercise their right to assembly to dogs that would be taken down by officials.
6. On his part, the Inspector General of Police Kakoma Kanganja issued out a Standard Operation Order. He instructed all Provincial Police Commissioners to ensure “they deal with UPND supporters.” These threats leave no doubt that these events were carefully planned and rehearsed by the State.
7. You may wish to know that many key stakeholders have already condemned these extra-judicial killings and police brutality. For Example, the Law Association of Zambia (LAZ) stated:
“The LAZ condemns in the strongest terms possible, the killing of two citizens by Police officers who used live ammunition to disperse crowds gathered to express support for the leader of the opposition UPND who was summoned by Police on 23rd December 2020.” The Zambia Public Protector on 24th December 2020 described the use of firearms as a violation of human rights: “The use of firearms on unarmed civilians constitutes a serious violation of human rights.”
8. These extra-judicial killings and brutality were equally condemned by Zambia’s multilateral and bilateral cooperating partners. On 24th December 2020, the European Union (EU) called for a thorough investigation under the law. The EU stated that “the Inspector General of Police has committed to investigate the circumstances of these events. The investigation, conducted according to the laws of Zambia, should be comprehensive and open to scrutiny. This is especially important as Zambia approaches an election year where respect for the rule of law and the protection of human rights and fundamental freedoms will be critical for an inclusive, transparent and credible process”.
The British High Commissioner expressed shock at the incident in the following terms: “Shocked by today’s shootings in Lusaka. Vital that Police investigation establishes why at least two citizens lost their lives.” The US Embassy reacted as follows: “We urge de-escalation of violence and tensions to allow all citizens to peacefully exercise their citizenship rights.”
9. Finally, we would like to indicate that these extra-judicial killings and police brutality are not isolated but form a pattern that has characterized the presidency of Mr. Lungu. Lest it be forgotten, here are some other killings which have not been thoroughly investigated and perpetrators not brought to justice:
a) Mapenzi Chibulo, a 23-year-old unarmed female UPND supporter, was shot in the head on 8th July 2016 by the Police. The Lusaka Police Station Officer in charge, Mr. Mwale, confirmed under oath on 23rd December 2016 during the inquest that she was shot by a Police officer who he could not identify because several were deployed. Mr. Mwale testified that he did not know why live ammunition was used because officers were not allowed to use live ammunition to control protesters.
b) On 4th October 2018, a fourth-year University of Zambia student Vespers Shimuzhila died when Police officers repeatedly discharged teargas in the students’ rooms, causing a fire from which she suffocated. Concerning this death, the Human Rights Commission in January 2019 stated: “It is clear that from the totality of the evidence obtained that the Police acted in an extremely brutal manner depicting a combative warfare situation against unarmed students who at that time no longer posed any real danger or violence to the Police officers or to any other member of the public or property.”
c) A 14-year-old boy, Frank Mugala, was shot dead in school uniform on 13th February 2020 near his school gate in Chazanga township, Lusaka. The HRC commented on his death and concluded: “The Commission has observed with a deep sense of regret a growing, systemic or pattern of cases of extra-judicial killings of individuals by the Zambia Police.”
d) In May 2019, Obed Kasongo, a National Democratic Congress (NDC) youth chairperson, was murdered by known Patriotic Front (PF) members who are yet to face justice. The HRC made the following observation about this murder: “The HRC is deeply saddened at the death of NDC youth chairman, Mr. Obed Kasongo who was hacked by political opponents during the Roan Parliamentary by-election on 11th April 2019 and calls for the immediate arrest of the suspected perpetrators. The death of the NDC youth leader is a clear case of the deprivation of his right to life through organized violence by well-known suspects who were reported to Mpatamatu Police Station on 11th April 2019.”
e) On 6th October 2019, Lawrence Banda, a UPND youth member, was shot twice in the head by a known PF cadre during local by-elections in Kaoma, Zambia’s Western Province. Of this, Amnesty International noted: “To ensure impunity does not become entrenched, the Zambian Police must investigate the murder of Lawrence Banda and bring to justice to those suspected to be responsible for the unlawful killing.”
f) Grazia Matapa, another UPND youth, was stabbed and bludgeoned to death with knives and screwdrivers in Lusaka’s Mtendere Township in February 2015 by known PF cadres.
10. This pattern of extra-judicial killings and gross violation of human rights by the Zambia Police is tarnishing the country’s image, which was once an oasis of peace in the African region, placing it on a path towards autocracy and lawlessness. This trend can only be arrested and stopped if institutions like the HRC play their Constitutional role effectively and stand up in favour of human rights, liberties and freedoms. We trust you will thoroughly investigate the extra-judicial killings and gross human rights violations that occurred on 23rd December 2020. The UPND and its leadership are available to provide evidence to the HRC to enable it to undertake this task smoothly.
11. Until the relevant authorities can guarantee our supporters’ safety while exercising their rights as enshrined in our Constitution, it is unreasonable for me or indeed anybody else who has been subjected to similar treatment I have received to respond to frivolous police callouts in future. This is necessary in order to avoid the needless loss of innocent live including the obvious attempts to assassinate me in the confusion that arise in such situations.
Sincerely Yours,
Hakainde Hichilema.
President, United Party for National Development.
…..
In his 4 paged letter to the Chairperson of the Human Rights Commission in Zambia, Mr Hichilema cited several incidents where human life has been lost at the hands of the police but with no culprits being brought book.
His
CC. The Law Association of Zambia
The Public Protector
The Chief Justice of the Republic of Zambia
The Inspector-General of Police
The Minister of Home Affairs
The Minister of Justice
The Zambia Conference of Catholic Bishops
The Evangelical Faith in Zambia
The Council of Churches in Zambia
The Speaker of the National Assembly
Our Civic Duty Association ( OCIDA)
The Civil Society for Constitution Agenda (CiSCA)
Chapter One Foundation
Non-governmental Gender Organisations Coordinating Council (NGOCC)