EMMANUEL MWAMBA SUBMITS A CASE OF TORTURE, BRUTALITY, HARRASMENT AND MALICIOUS PROSECUTIONS TO THE UNHRC SPECIAL RAPPORTEUR
Opposition Patriotic Front Member of the Central Committee and Chairperson for Information and Publicity, Amb. Emmanuel Mwamba has submitted a strong case of torture, police brutality, harrasment and malicious prosecutions made against himself by the UPND Government.
Mwamba, who is also a presidential candidate, has accused the Zambia Police of torturing and subjecting him to ill treatment that saw him lose a tooth, suffer bodily injuries at the hands of police officers.
He has also directly accused State House of perpetrating cyber attacks, hate speech and cyber bullying against himself on established rogue online newspapers run by State House media.
He said State House officials publish fabricated malicious reports, defamatory articles and hate speech to attempt to destroy his name and systematically incite violence against him thereby suffering threats on his life from the State organs and UPND cadres.
He says many victims of these online cyber attacks cannot seek justice as the online newspapers are sheltered at State House.
He says past calls to President Hakainde Hichilema to shut these scandal sheets have fallen on deaf ears, making him an active accomplice to the smear and dirty campaigns carried out against his political opponents and published by these rogue media platforms.
Below is the letter that Mwamba has submitted.
FROM THE DESK OF AMB, EMMANUEL MWAMBA
136/A, Chandwe Musonda Road, Villa Elizabetha,
LUSAKA
SUBJECT: LETTER OF COMPLAINT ON TORTURE, INHUMAN TREATMENT, HUMAN RIGHTS ABUSES AND ABUSE OF DUE PROCESS AND MALICIOUS PROSECUTION -MYSELF
To; Ms. Irene Khan
Special Rapporteur
United Nations Human Rights Commission
Email:laurens.vande woude@un.org
Prepared for; Ms. Irene Khan,
The United Nations Special Rapporteur on Freedom of Opinion and Expression
Report on Violations of Freedom of Opinion and Expression in Zambia the case of Emmanuel Mwamba. This Report highlights the violations of the rights to Freedom of Opinion and Expression in Zambia as guaranteed under Article 19 of the United Nations Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) to which Zambia is party to and the Zambian Constitution, Bill of Rights
The violations outlined reflect a pattern of systematic restrictions free speech and right to hold opinions
Submitted by; Emmanuel Mwamba.
Introduction; I’m Emmanuel Mwamba. I have had a great opportunity to serve my country as a Permanent Secretary in various government departments and also served as a senior diplomat.
Since 2015, I have served as Zambia’s High Commissioner to South Africa. I have also served as Zambia’s Ambassador to Ethiopia and Permanent Representative to the African Union (AU) and Permanent Representative to the United Nations Economic Commission for Africa (ECA).
Since my return from the diplomatic tour of duty, I joined active politics and I’m one of the presidential candidates for the primary elections that are expected to take place in our party, a process which will pick an official presidential aspirant.
I’m currently a member of the Central Committee of the Opposition, Patriotic Front Party (PF)and the Chairperson of Information and Publicity.
As many members of the Opposition would have submitted to you, I’m also a victim of police brutality, arbitrary arrest and violation of my freedom of expression and right to hold opinion.
I will cite three cases (3);
1. On June 14th 2023, I was ambushed and abducted by persons that later identified themselves as police officers. I was accosted at a car wash on Mosi-O-Tunya road in Woodlands residential area by 12 people driving 3 cars. They brutally treated and manhandled me, bundled me in a car and drove me away. They claimed they were police officers but did not produce any Identity cards. They were not in police cars but private cars. My family and lawyers could not access me for almost twenty-four hours. They alleged that they were investigating a case of forgery of alleged correspondence between state institutions. The case for which they were investigating me has never been taken to court two years on.
Medical records issued by the University Teaching Hospital (UTH) showed that I lost a tooth, I suffered serious bruises and injuries on my shoulder, neck and jaw.
To cover their criminal brutality against me, the Police charged me with an offence of assaulting a police officer which I’m being prosecuted in the Lusaka Magistrate Court.
I reported the matter of assault against me at Woodlands Police Station against the Police Officers that assaulted me. The Police have never pursued or processed my complaint. Despite tendering medical records and sworn statements.
I laid a complaint to the Police and Public Complaints Commission against the 3 police officers who were leading the attack. They are from Zambia Police Service Headquarters Criminal Investigations Department (CID.
I reported the matter to the Human Rights Commission of Zambia (HRC). Equally, the HRC has failed to investigate and respond to my complaint.
It is for this reason that I sued in the Lusaka High Court the State and the 3 police officers identified as Steven Simwenda, Brian Chipango and Joseph Kapasa for their brutal attack on me.
2. On November 15th 2023, the Police charged and arrested me for a case of what they alleged was a serious case of sedition. Following a state sponsored process to take over and hijack the leadership of our party, the Patriotic Front, our party leadership organized a party gathering at the Party Secretariat located at the corner of Lumumba and Panganani Road.
During this process, I made a post on my Facebook Page stated as below:
“National Shutdown”
“This amendment to the Patriotic Front Office Bearers remains Illegal. Like the illegal changes at Parliament or anywhere else, the extra-ordinary general conference that made Miles Sampa PF President, remains illegal and was held outside the provisions of the Patriotic Front Constitution.”
“The Patriotic Front shall not be stolen by a stooge installed by the President Hakainde Hichilema”
“Parliament, Courts, and the Registrar of Societies will not deliver Justice. Family lets reclaim our Democracy and Constitutionalism by engaging in mass action and national shut-down”.
The Zambia Police claimed that this Facebook post had caused national alarm and proceeded to charge me with the offence of seditious practices contrary to Section 57(1)(b)(i) of the Penal Code Act Chapter87 of the laws of Zambia.
3. On 27th February 2024, members of the Party had assembled at Kabwata Police Station as the Secretary General of the Party, Hon. Raphael Nakacinda was detained there.
The Zambia Police had mobilized a huge contingent of anti-riot police officers in military gear and public control system. We obeyed their instructions and left the Police station.
A few of the leaders sat outside, across and away from the Police station on the kerb of the roadside.
We were shocked that the police followed us and charged at us, fired teargas canisters and live ammunition at us. I was manhandled and a police officer fired an AK 47 military assault rifle over my head, a traumatizing matter that left me with a terrible headache for weeks and a ring in my ears.
We were picked up and I was detained with other junior party members; Jacqueline Chopa, Gideon Tolopa and Gift Kachingwe.
4. State House and the presidency have been running online rogue social-media pages to spread misinformation, perpetuate hate speech, cyber bullying, and generate false stories and reports against members of the Opposition. These malicious reports are designed to malign the Opposition and critics of President Hakainde Hichilema to attempt to damage the reputation of members of the Opposition. I have been a constant victim of reports fabricated by the State House rogue media such as Koswe which is dedicated to churning out malicious content against me and other members. These malicious reports have real consequences in the world. What the State House media report constitutes defamation and character assassination, cyber bullying and harassment, doxing, hate speech and incitement of arrest and violence against me.
Our numerous attempts to complain to the Zambia Police yields nothing as the Zambia Police officers are afraid to pursue the complaint since the perpetrators of this crime are located at State House.
I hope that my report will be helpful to establish the truth of what is happening in Zambia.
Amb. Emmanuel Mwamba
Wednseday,29th January 2025