By Mwansa Kaumba
The Human Rights Commission (HRC) says it has not established the whereabouts of former minister and NRPUP official Mutotwe Kafwaya as police has not provided any information on the matter.
And HRC has demanded strict accountability from the police service and all relevant law enforcement agencies regarding the whereabouts of persons who remain unaccounted for following arrests and security operations that have been carried out in the past few weeks, particularly in the aftermath of the general elections.
HRC chairperson Dr Towels Sambo said all the detained persons must be promptly charged and brought before a cott of competent jurisdiction within the legally prescribed period or be released forthwith, where there is no lawful basis for their continued detention.
She said in the run up to elections and thereafter the commission received reports of arrests, prolonged detentions and persons whose whereabouts could kor be immediately be established.
Sambo said the commission investigators had been conducting visits inquiries and spot checks at police stations across Lusaka, including Chelstone, Matero, Lusaka-Central and Kabwata.
She said at at Monday, the commission had confirmed the whereabouts of several individuals including George Chisanga, Bishop Trevor Mwamba and Patrick Mwansa who remained in police detention facilities.
But she said those who had been located had neither been charged nor brought before a competent court thereby raising grave concerns regarding their rights to protection of the due process of the law, enshrined in Article 18 of the constitution of Zambia.
She called for the expeditious processing of all he cases in strict accordance of the law.
She said notwithstanding the diligent efforts of the commission, the whereabouts of Kafwaya remained unconfirmed.
She said commission investigators had continued to follow up on reports covering Kafwaya’s whereabouts but the police had not provided any further information.
”The commission demands that if Mr Kafwaya is in state custody his place of detention must be disclosed in order to afford him unhindered access to his family and legal representatives,” Sambo said. “Further, the Zambia police service must present Mr Kafwaya before a competent court in accordance with the constitutional and legal requirements.”
She said beyond cases recorded in Lusaka, the commission had monitored election related detentions, including that of musician Chester and 16 other NRPUP supporters in Mongu.
”Preliminary inquiries indicate that some of the detainees have remained in custody beyond the legal period within which they should have been brought before a competent court,” Sambo said. “This commission by the Zambia Police service raises serious concerns relating to compliance with due process of the law safeguards governing the deprivation of fundamental rights and freedoms.”
She said the commission was also monitoring the case of Harry Valden Findlay who was reported to have appeared before court yesterday and his harbeus corpus application had been adjourned to today.
She urged the police and other law enforcement agencies to urgently account for all persons whose whereabouts remained unconfirmed.
”The Zambia police service must promptly proceed to charge and bring before the court all persons who have remained in detention beyond the legally stipulated period,” Sambo said. “The commission appeals that where there is no lawful basis for their continued detention the detainees must be released forthwith in line with protecting their fundamental rights and freedoms.”
She said the provisions of the constitution bound all state institutions to uphold the rule of law and respect the fundamental rights of each and every person.
Sambo said any alleged unlawful arrest, detentions, disappearances or use of force must be promptly and independently investigated, and those responsible held accountable in accordance with the law.
