HRC advises Police against abuse of human rights

The Human Rights Commission (HRC) has appealed to Law Enforcement Officers not to abuse human rights of suspects during the declared threatened state of emergency period, but adhere to the provisions of the Preservation of the Public Security Act and the regulations made there under.

In a statement, Commission Chairperson Mudford Mwandenga calls upon Law Enforcement Officers to refrain from over-detention of suspects in their efforts to maintain law and order, but ensure that detained suspects are taken to court within seven days as provided by the Statutory Preservation of Public Security Act Regulations of 2017.

Mr Mwandenga says any detention of suspects without a court hearing beyond the prescribed period of seven days under the Preservation of Public Security Act Regulations, 2017 is illegal, an abuse of power and violation of human rights of the suspects.

He says there is need for State Actors particularly the law Enforcement Officers to strike a balance between meeting the two obligations of maintaining public security and respecting human rights.

Mr Mwandenga states that it is the primary responsibility and mandate of the Government to maintain public security, order and peace in order to promote an environment in which the majority of individuals will continue to enjoy their rights and freedoms.

He says therefore, the invocation of Article 31 by the Government to protect the rights of individuals and properties is within its constitutional and human rights obligations.

He however, advises that as measures are being taken to maintain public security, caution should be exercised by law enforcement officers to refrain from acts that may be perceived as state-sanctioned violation of human rights through abuse of the Preservation of Public Security powers.

Mr Mwandenga says the Commission wishes to put it on record that so far there is growing apprehension that the invocation of Article 31 of the Constitution has potential to result into violation of human rights.

He states that this is because even without additional powers, some law enforcement officers were already exceeding their legal limits when dealing with suspects.

He points out that of particular concern is the use of torture to extract evidence from suspects, arbitrary arrests, over detention and malicious prosecution of suspects.

Mr Mwandenga says the Commission is therefore appealing to the Government to widely circulate the regulations relating to the implementation of the invocation of Article 31 to enable the members of the public and the law enforcement officers to operate within the provisions of the law.

Meanwhile the Commission has expressed concern over the continued violation of the right to life in the country.

Reacting to the incident in which a 33-year-old man of Lusaka shot dead his wife and another man after suspecting them of having an affair, Commission Spokesperson Mwelwa Muleya says there is need for couples to find better ways of addressing their marital problems other than resorting to taking each other’s lives.