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)
So hh is judge, jury and executioner by labelling these incidences “extra-judicial killings” before ZP conclude their investigations??? And he speaks of the Bill of Rights and other freedoms, who campaigned hard for the 2016 Referendum on the Bill of Rights to fail???
Irrefutable evidence that the ECL and the PF are the most brutal regime in the history of Zambia.
Time is coming when the ECL and his agents will account for each Zambian life they took away.
the least you can do since you failed you answer questions from Costa
you are quick to point fingers at others but looked so dumb in your interview on Sunday
Chewe Bwalya I felt shy watching that interview maaa, even if we laugh at Bowman lusambo we’ve a lot people worse than him kanshi
Bright Musonda Nsukumo seriously soup na saladi
so good at fault finding yet cant answer simple questions in an interview
before they respond to your letter. respond to Costa’s questions ???
Mukamweene Mweemba some of you are really stupid. Why were you born man?
Mukamweene Mweemba ?? I wasted time watching that interview
i liked that he showed his dullness
Mukamweene Mweemba hope you be the next or one of your relatives you devil
Mukamweene Mweemba lol he can never answer direct questions.
What questions did h fail t answer missed the interview
Mukamweene Mweemba is it the same program we all listened to or its just that he answered the way you didn’t want to hear?
the killings that you instigated
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you organised thousands of people risking their lives in this covid-19 era even when the police advised otherwise. stop acting all intelligent when you just use people
the deaths that you caused
Too many!diots in this country going by all these comments here. You people will never change, just a bunch of foolish people who know fackal. How can you not see anything wrong with this account of of people killed senselessly? Really a pathetic country of fools
HH and UPND must be investigated about the people they have sacrificed to gain political mileage. Who seems to have gained from the deaths between PF and UPND?
These deaths are planned and staged by UPND with elements in the police accomplice to this type of politics.
Leadership.
Lungu’s leadership is reactive, typical of a person without a strategy. He is reacting to the opposition instead of proactively addressing urgent national matters. Zambia currently has no leadership and our Country is sinking fast. People of low calibre use force to get their way. You Zambians better wake up from your slumber and put this PF regime to sleep before it’s too late. Zambia is currently a non entity. Wake up fast!!
HH has forgotten to tell the human rights institution the background of this. It is the Upnd who had dared the police that they would cause havoc with police once their leader was going to be called. They were even promising that the whole Zambia will be at the police headquarters that day. This caused the police and the ministry of home affairs to get prepared for the would be havoc and warned the Upnd that they would be met with force if they were going to do that. The case of HH did not need the entire Upnd to get involved because it was potentially a private criminal matter that happened some time back. HH wants to invite his party every time he has a problem of his own as an individual. This is not supposed to be the case. His lawyers are supposed to accompany him not the entire…
Investigation. Then what?
Even their PF president ask for investigation.
Public Prosecutors just refused to work 1 day, and asked for “investigations”.
Start asking for ARRESTS and Prosecution.
The officer himself is ready to be arrested over ” accidentally ” killing Nsama. But no one is asking him to go apologize to Nsama family.
I am not going to read fvcking letter.
So many lives have been brutally and needlessly lost. Question: Who is opposed to an independent and transparent investigation and why are they opposed to it?
Continued…
party. The instructions that commented on the loss of lives did not in any imply that HH was right to bring a huge cloud to the police. In any case if you want to have a public procession I think there is a procedure that is supposed to be followed with the police b4 the procession is undertaken. This country is supposed to be governed by laid down laws and not by chaotic practices by either pf or any opposition party.
There are always 2 sides of the same coin and it takes 2 to tangle. Hichilema has only listed those deaths which directly benefits his political standing. How come he hasn’t mentioned the deaths of Northerners and Easterners in January 2015 in Namwala, Siavonga, Sinazongwe and several other parts of Southern province instigated by his Party when he lost the Presidential by-election? How came he hasn’t mentioned shedding of blood by his supporters in Southern province during and after the 2016 general elections? What’s his take on the lyrics “Mubemba nguu satana” that were used in the 2016 campaigns. Funny enough he has only mentioned those deaths were his mercenaries are the prime suspects. Let the Police do their work, we’re all anxiously waiting for the out of those investigations
Oh shut up oval head, you should have encouraged your cadres to stay home…idyat!
And you expect one to win like this? Kaya …who are the political advisors to this man aii?
Peter Mongeza so you saying a citizen should be killed with no justice? Wow the level of dullness
Portia Clark people can really surprise. They think politics is a tool to harm others.
Here goes the guilty moron. Even before investigation are completed he is quick to run to others to try and show that he is innocent. The f00l is scared of prison. As a leader he had a duty of care to advise his cadres to stay away. Oh but not mr know it all. He even hired buses for his sheep only to lead to the death of two people. Evil d0g
He failed to answer Costa’s questions yet he wants to be responded…
Sitali Simui who’s costa naimwe hh alisambilila sana
Berry Mutale Typical of a useless, dull, stupid *****, empty tin and self destructive Zambian. Am so surprised that you Berry can post such a statement on social media. What has he done with ukusambilila kwakwe sana for Zambia? Most Zambians claimed to be very educated and yet they are most stupid and dullest educated illiterates.Its why even today they have flooded the political arena because it’s where they get it easy.
Berry Mutale tekasambilila tulelandapo but ukwasuka ama question
Berry Mutale yaba ati alisambilila sana?
They should start by investigating you that was a poorly planned out move
HH what he must clearly know in his mind is that death is everyone’s destination and nobody knows when,where and how it comes but it surely strikes the rich and the poor fairly.
This one is dry mweh
Your and your parties actions are the reason those people died. You bussed people to a simple call out not related to government but a complaint by a private citizen on alleged criminal activity. Why is this not in the letter written. This is mocking the families of the deceased and profiting from the deaths of innocent people for political gain. May God who loves justice rule in this matter. Amen.
Kuwaya wayafya …. otherwise Zambians are just desperate with the leader otherwise nimpofu mpampofu….
The probleis that Zambian has a big number of Stupid majority…that is why poverty will always be there…Look at the above.Majority think with tribe not facts or reality.This man said it as it is
This man ninshi upnd has no other candidate??
Ba HH.. may we should also right to the human rights commission for disobeying police advice on going with cadres to the police Head Quarters
Ackim Michelo What was wrong having having supporters accompanying HH to police force headquarters. Did you know that nobody is above law including the PF police . And there’s no law that guarantees the Police to shoot anyone who disobeys unlawful. Given by police. orders
Ackim Michelo man you are sick… your madness is beyond reconstruction but jesus’ intervention.
This man has no better things to do politics has failed him
This man is not fit for presidential office
Shame on you ba HH …you have started in advance so that when you lose you will have an excuse..
Asking Samson when he had no hair and was blind to help fight the uncircumcised Pfillistines.
Upnd kuwaywayafye
HH has written his own dossier.
Where are your political advisors ayi?
m maaaa But kwena HH is really childish, petty and unreasonable sure…am sure the legal experts reading this letter are in deep laughter..kikikik woooow zambia sure , what did we do to deserve such kind of leaders?
@LISA , Not he is not !!!!!!
No one person is above the Law, if the Police issue a call out, go alone. The alleged crime that gives rise to the call out did not involve others for them to be present. Chishimba Kambwili went to such with no loss of life. He faced the law head-on without inciting lawlessness. Zambian politics has taken an unpleasant turn with UPND under HH. I recall supporting the party under Anderson Mazoka. UPND now, regardless how much you deny it, behaves like a desperate tribal party that doesn’t mind the country going down in flames to advance its own agenda. Look how they discredit their own country in international media to further their own cause to the rest of the world. Now they have become merchants that benefit from Death with no shame.
When i say hh is stu.pid his under5 supporters get upset, You are now looking for political meliage, HH claims to be a law abiding citizen! Yaba this fo.ol if the police could give you a simple instruction to follow and you failed. Not just for a day but for a week, Police kept warning you…alaaa you failed to listen , if you had obeyed, we where not going to be talking about this matter or issue. This is why i always doubt hh reasoning.
The letter is full of falsehoods and poorly crafted. HH is failing to take a share of responsibility, being the one who organised the cadres, some of whom were lured to job the mob, without knowing what the gathering was all about. Take for example, Joseph Kaunda who was killed in the fracas with the police. He was only 26 years old and a resident of Kafue. I am not convinced that Joseph volunteered to join the mob and that he was aware of what the protest was all about. HH is not principled. Initially he claimed that Kaunda and Nsama were killed by a sniper plant by PF in the mob. In the letter, he claims it was extra judicial killings by the police. So which is which?. HH seems to know who the killers of the duo are. It is clear to me that this guy is an amateur and not fit for the…
Kwena LT bloggers for ECL and PF nindoshi sheka sheka fye. How can one man make you so sick in the tummy ba Kaizer nabo bapuba baad. In Civics class back in high school I remember us learning about the freedoms of assembly, association, expression and free speech as the rule of law demands….I wonder why and how the Chilufyas and Kapyongos can be accommodated such freedoms and not HH and his supporters. In the US, when Chris Brown goes to court what happens, usually there’s is a large gathering of his fans outside the courts cheering him on. Why not HH mwe ndoshi mwe. I hope for all non educated stupid *****s like Lusambo to never govern again. Zambia is for all of us including HH whether you like it or not.
Badala, you’re extremely dull. Maiwe hh palibe tompwe. Nimablanks che!
Adrenalin is racing in his blood.
There’s a reason the police issued a warning that no cadres be present at the call out. When people gather in crowds without a police permit, other people lives and property are at risk if the crowd runs riot. Don’t forget there are other people in society that also deserve protection from the police from such happening. Peoples cars get damaged in flash riots not to mention human life. People are angry in this case because just one death in Zambia is too much. And those that died needn’t have done so just because someone is answering a call out. They should lock the leaders of that party up, forget the politics. They are a danger to the peaceful Zambian society.
Very good , that should be the end of any IMF hope.
Now send to all foringe embaccies. Let them know their aid is helping lungu murder citizens….
Just look at the PF rats above barking like rabid dogs …….
We know lungu and pf can not survive without forigne aid……
Lungu also feeds on foreign recognition as a loved democratically elected leader
Showcasing his abuses and his extrajudicial murders to the world is lungus soft underbelly…….
UPND , media , after this letter we need more videos of police brutality to reinforce the seriousness of this murderous regime…….
Can the UPND media team also collect those gruesome videos of Zambians burning fellow Zambians like culled diseased animals……….no one would belive that is Zambia under Lungu.
Post those vides for the world to see what has become Zambia under this murderous crooked thug lungu….
HH has done the right thing. How else can he escalate these issues of political police brutality? PF Ministers Chtitotela and Chitalu always went to court with hordes of unruly cadres who even disrupted court proceedings but no tear gas was ever thrown onto them, why cant HH be accompanied by his supporters? In America when the 1 man was killed by police(I cant Breath) the whole America protested but here people are jubilating. Jesus said “Do unto others what you want them to do to you”. What goes round comes round and One who laughs last laughs the loudest.
HH is just another NGO