GEARS INITIATIVE CONCERNED WITH REPORTED TORTURE OF MR SHABBY CHILEKWA BY POLICE
GEARS Initiative receives the reportedly torture of a Mr Shabby Chilekwa with greatest concern as torture is not only a violation of Mr Chilekwa’s human rights and Zambian Bill of Rights but the Constitution of Zambia too.
If the reports of torture of Mr Chilekwa are true as disclosed by his lawyers, then, it is imperative that investigations are instituted immediately against those involved in torturing him to ascertain the violation of the Bill of Rights and the Constitution.
Article 15 of under the Bill of Rights in the Constitution of Zambia guides that:
“a person shall not be subjected to TORTURE, Or to inhuman or degrading punishment or other like treatment”
This guidance from the Constitution is non derogatory and has no clawbacks.
Therefore, the Zambia Police Service must give the nation the right and official position on the alleged torture.
In addition, Article 193 of the Constitution demands that the Zambia Police Service shall uphold the Bill of Rights when carrying out its statutory and constitutional duties, in this case Article 15.
As alluded above, torture is outlawed in the Zambian legal regime and Article 15 which outlaws it is one of the few clauses in the Constitution that have no derogation.
Those interrogators must always respect the law and human rights as guided by President Hakainde Hichilema if Zambia’s to improve on its human rights record.
GEARS Initiative urges the Human Rights Commission (HRC) to make an independent visit to Shebby and investigate the alleged torture as per its constitutional mandate.
Article 230 of the Constitution guides that;
“the Human Rights Commission shall ensure that the Bill of Rights is upheld and protected and that it shall investigate and report on observance of rights and freedoms, and take necessary steps to secure appropriate redress where rights and freedoms are violated”
GEARS Initiative expects the Human Rights Commission weigh in faster on this reported torture.
McDonald Chipenzi
Executive Director
GEARS Initiative.
09/02/2022