Q FM Africa's Modern Radio
The Human Rights Commission has recommended that an inquest be instituted into the death of Zambia Air Force (ZAF) Flight Sergeant Mark Choongwa who died in Police cells at Woodlands Police station recently.
Commission Chairperson Mudford Mwandenga in a statement says this is given the circumstances under which the death occurred and the various versions by different witnesses interviewed by the Commission during its investigations.
Mr Mwandenga says the holding of an inquest may help to resolve the critical issue of who should be charged with the murder of the late Flight Sergeant Choongwa as provided by Section 28 (1) of the Inquests Act.
He says the Commission also recommends that Administrative Action be taken against the police officers for using excessive force and unlawfully detaining the late Flight Sergeant Choongwa.
Mr Mwandenga says the evidence adduced by all the witnesses during the investigation clearly showed that the decision to detain the deceased was arbitrary, adding the manner in which the detention was effected revealed use of excessive force against the late Flight Sergeant Choongwa.
He says there is therefore need for the police command to take action against excessive use of force and pre-trial detention, stating Pre-trial detention ought to be used only in deserving cases where a person is a flight risk.
Mr Mwandenga further states that the Commission found the claim that the late Choongwa was detained, among other offences, for assaulting a Police Officer to be unconvincing as no witness testified ever seeing any physical engagement between the deceased and the officer who claimed that he was assaulted.
He says to the contrary, the witnesses recalled that each time the named police officer tried to get hold of the deceased, the deceased repeatedly told the officer not to touch him while keeping a distance away from the officer.
Mr Mwandenga further states evidence from the witnesses suggested that the decision by the police to detain the deceased under the circumstances contributed to the loss of his life and they must also be held accountable.