The Human Rights Commission (HRC) of Zambia has reiterated its call to the government to consider enacting a law criminalizing torture and other cruel, inhuman or degrading treatment or punishment. In a press release issued on 21st February 2023, the Commission emphasized that such a law would effectively combat the human rights violations that occur as a result of torture.
The Commission has been highlighting gruesome cases of torture of suspects at the hands of the police, which have in some cases resulted in serious injuries, permanent disabilities, and even loss of life. The number of cases of torture received by the Commission has reduced from 39 in 2021 to 19 in 2022, but the Commission stresses that “a case of torture is one too many because torture is a grave violation of human rights that is completely prohibited under international human rights law.”
“Torture is a heinous crime that should have no place in modern society,” said Mweelwa Muleya, spokesperson/head of the Information, Education, and Training Department at the HRC. “It is unacceptable that some suspects are subjected to such inhumane treatment by the very people who are supposed to protect them. We urge the government to take urgent action to enact a law criminalizing torture to ensure that perpetrators are held accountable and justice is served for the victims.”
The Commission notes that some of the impairments suffered by suspects as a result of torture include loss of sight, hearing, teeth, broken limbs, and mental disability due to physical beating and other forms of torture. As a result, some victims of torture remain indisposed or incapacitated to provide for themselves and/or their families for the rest of their lives.
The HRC acknowledges the positive efforts by the state towards preventing torture through the prohibition of such acts under Article 15 of the Constitution, Chapter 1 of the Laws of Zambia and the ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). However, without an enabling legislation that defines and prescribes penalties against torture, cruel, inhuman or degrading treatment or punishment, Article 15 of Constitution and the UNCAT cannot be enforced in Zambia.
During every Universal Periodic Review (UPR) of Zambia’s human rights record that takes place in Geneva every four years, Zambia has continued to accept the recommendation to enact a law criminalizing torture, but so far, the recommendation has not been implemented. “Zambia is falling short of meeting its international human rights obligation on outlawing torture by failing or neglecting to enact a national law that domesticates the UNCAT and gives effect to the Constitution,” said Muleya.
“Torture is a crime against humanity and it is for this and many other reasons that it is absolutely prohibited in international, regional and national laws. Therefore, it is imperative that Zambia should enact a national law that comprehensively guides on prevention and punishment of acts of torture,” concluded Muleya.
The HRC’s call to end torture in Zambia has been echoed by human rights organizations and activists both within and outside the country. Amnesty International has urged the Zambian government to take immediate action to stop torture and hold perpetrators accountable, while Human Rights Watch has called for the enactment of a law criminalizing torture to ensure that those responsible for these heinous acts are brought to justice.
Our own useless HRC, that proposal is pathetic. instead of advocating for authority to persecute those who violate other pipos rights
in a third world country like ours where we don’t even have basic crime fighting equipment like fingerprint kits, lie detector test, blood sample or DNA test kits them torture is the only way to get a confession.