Commission decries rising torture in Zambian prisons

By Francis Maingaila

LUSAKA, Zambia

Zambia’s Human Rights Commission Saturday expressed concern over the rising number of torture cases in prisons, laying much of the blame on the absence of laws criminalizing torture.

Madford Mwandenga, head of the constitutionally mandated commission, told journalists after touring the three state penitentiaries based in the capital Lusaka that security agents, including the Zambia police service and the Drug Enforcement Commission (DEC), are at liberty to use all forms of torture to extract information from suspects.

"Whenever complaints are raised, the officers accused of torture are often charged with lesser offenses of either assault or battery. These offenses attract fines or light custodial sentences."

He regretted that in many cases the offending officers get away with the crime.

Mwandenga suggested fast-tracking legislation to criminalize torture so that people accused of torture, including the offending security agents, will be charged according to their actual offense and not alternative charges, as under the current system.

He also complained that convicts in Zambia are housed in the same penitentiaries as people still on trial.

"This problem has been brought about by limited space in Zambian prisons. For this reason we have recommended the building of new penitentiary centers so that the accused and the convicts would be separated in the future."

Mwandenga also decried how juvenile offenders are kept in same correctional centers as both adult held on remand and convicts.

"As a commission, we feel this is not helping juvenile offender in any way for the purpose of reformation."

The Human Rights Commission's visit to Zambian prisons is among a number of activities held in observance of international Human Rights Day.

Under Zambia’s January 2016 Constitution, the Human Right Commission is mandated to investigate and prosecute cases of human rights violations. Previously it had operated under an act of parliament.