EU will support legislative efforts to abolish death penalty – Hanses
By Kombe Chimpinde Mataka
EUROPEAN Union head of delegation to Zambia and COMESA Bruno Hanses says the EU will support legislative efforts in abolishing the death penalty in Zambia.
During the 20th World Day against
Death Penalty commemoration yesterday, Hanses said said total abolition of the death penalty was crucial.
Zambia currently has 257 people on death row as of 2021.
“A total abolition is therefore crucial in order for Zambia to comply fully with its international obligations regarding the
right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment,” Hanses said.
“Since Africa Freedom Day in May this year, this is no longer a vision, but a clear and promising opportunity for change at the
horizon.”
He said he was privileged to be in Zambia at a time when the country had become a role model for progressive transformation in terms of human rights.
“The next step for Zambia would be to join 22 other African countries and a growing number of countries worldwide that have
already abolished the penalty by law,” he said. “The government and the people of Zambia should never feel alone in their struggle for improved and a better life because human rights and public sector reform are key priorities in the EU-Zambia
partnership.”
Hanses said EU and Germany was spending 26 million euros on a project called EnACT, Enabling Access to justice, Civil society
participation and Accountability.
“Among other objectives, the EnACT support targets the participatory and evidence based reform of legislation and policy, including
the Penal Code and the Criminal Procedure Code,” Hanses said.
He said EU would support Zambia to make necessary legislative amendments directed at abolishing the death penalty, with the hope
that this would be done by the 2023.
Hanses said that as long as the death penalty remained it contravened not only the right to life but also the right to live free from torture or cruel, inhuman or degrading treatment or
punishment.
He said the death penalty did not deter crime and that its abolishment does not lead to increase in crime.
“We all know that in the most secure justice systems mistakes can happen. In this case, any error could lead to irreversible
consequences at the expense of human life. In Zambia‘s case, where no executions have been carried out since 1997 such a risk remains low. However a risk that does remain present, is the risk for torture,” he said. “Let me explain. There is a growing international acceptance of the principle that torture is inherent to the death penalty process. For
example, you could consider that the death row, through prolonged isolation is a form of cruel and inhuman punishment, comparable to torture.”
Justice minister Mulambo Haimbe said the abolishment of the death penalty must go hand in hand with higher level of vigilance and professionalism in law enforcement from a preventative rather than reactive perspective.
“The review of these two pieces of legislation include the alignment of the law with international conventions. The bills once finalised are expected to be presented for consideration before parliament,” he said.
Haimbe said the government’s commitment
to abolishing the death penalty is anchored on the conviction towards protecting the sanctity of life and should not be taken as trivialising the suffering of victims of capital offences.
And Human Rights Commissioner Emmanuel Chikoya said the HR
fully supports the recommendation of various stakeholders through a consultative process undertaken by the government through the Law Development Commission to review the mandatory death sentence for capital offences, murder and aggravated robbery as provided under the Penal Code and Criminal Procedure Code.
“The Commission is therefore looking forward to the enactment of the
reviewed Penal Code and Criminal Procedure Code which will enhance
the protection of human rights,” he said
Fr Chikoya however said the Commission wanted a law to criminalise torture.
“It is regrettable that despite ratifying the United Nations convention against
torture and other cruel, inhuman or degrading treatment or punishment
in 1998, Zambia has not yet domesticated the convention,” said Fr Chikoya. “It must be noted that although torture and other forms of ill-treatment are expressly prohibited under Article 15 of the Constitution, the constitutional provision cannot be invoked
because of lack of enabling legislation that criminalises torture.”