The Human Rights Commission has commended Inspector-General of Police, Mr. Kakoma Kanganja, for directing police officers to release persons charged with misdemeanors and contravention offences on police bond when he announced the constitution of a committee to coordinate the Zambia Police response to the Convid-19 Pandemic.
The Commission believes that the directive by the Inspector-General of Police should be the norm and not the exception made during this period of the Convid-19 Pandemic only as a preventative measure aimed at curbing the spreading of the virus to persons held in police cells.
Commission Acting Spokesperson Simon Mulumbi says, the detention of suspects beyond the prescribed 24 hours is common and of grave concern to the Commission as such overuse of pre-trial detention has continued to contribute to overcrowding in police cells and the resulting violation of the rights of the detainees.
he said It is extremely important that the Police should consider granting police bond for all offences that are bailable/bondable and remember that the Constitution of the Republic of Zambia guarantees to everyone the presumption of innocence in the event of being suspected to be a criminal.
The Commission is confident that the directive by the Inspector-General of Police will be consistently implemented by police officers to ensure that all persons who are charged with bondable offences are granted police bond as a matter of law as provided for under section 33 (1) of the Criminal Procedure Code Act Chapter 88 of the Laws of Zambia which provides that:
“When any person has been taken into custody without a warrant for an offence other than an offence punishable with death, the officer in charge of the police station to which such person shall be brought may, in any case, and shall, if it does not appear practicable to bring such person before an appropriate competent court within twenty-four hours after he was so taken into custody, inquire into the case, and, unless the offence appears to the officer to be of a serious nature, release the person, on his executing a bond, with or without sureties, for a reasonable amount, to appear before a competent court at a time and place to be named in the bond: but, where any where any person is retained in custody, he shall be brought before a competent court as soon as practicable. Notwithstanding anything contained in this section, an officer in charge of a police station may release a person arrested on suspicion on a charge of committing any offence, when, after due police inquiry, insufficient evidence is, in his opinion, disclosed on which to proceed with the charge.” he said.
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