Africa-Press – Zambia. The Human Rights Commission (HRC) has said that it has no mandate to issue a statement on behalf of the Police regarding the allegation of torture of any suspect.
Human Rights Commission Chairperson, Mudford Mwandenga said that the onus of allaying the allegations of torture of a suspect squarely falls on the Police.
Mr. Mwandenga regrets the statement allegedly made by the Police that the Human Rights Commission is a competent body to state whether or NOT Former President Edgar Lungu’s Barber Shebby Chilekwa was tortured by the police.
He has called on the Police Service to do the right thing and prove whether or not Mr. Chilekwa had been tortured. Mr. Mwandenga said torture constitutes gross human rights violation and is a serious crime which must not be trivialized.
Meanwhile, Mr. Mwandenga has regretted that the Commission has not successfully instituted allegations of torture of Mr. Chilekwa as the police service was uncooperative in the process.
Even if the Commission confirmed having visited Chilekwa who now faces the charge of murder, HRC Mudford Mwandenga said it is not in a position to confirm whether or not Sheeby Chilekwa, former president Edgar Lungu’s barber was tortured by the police in their custody or not.
Mr Mwandenga explained that the Commission was not able to meaningfully engage with the suspect as he was met with the presence of a Police officer. He further disclosed that efforts by the Commission to undertake adequate investigations were not successful because the police officers were not cooperative.
Mr. Mwandenga however wondered why the police created an impression that HRC was the competent body to issue a statement on the allegations of torture of the suspect.
“…….it is not within the mandate of the Commission to be the mouth piece of the Police on the allegations of torture against the suspect. The onus of allaying the allegations of torture of the suspect squarely falls on the Police and not the Commission. The Commission therefore calls on the Police to do the right thing and prove whether or not the suspect had been tortured. Torture constitutes gross human rights violation and is a serious crime which the Police must not trivialize as demonstrated by their actions and press statements,” he said.
“I wish to put it on record that the Commission took an interest in the Chilekwa case because it was brought to its attention informally by a concerned person and from the fact that it is now in the public domain.”
Mr Mwandenga urged the police to uphold the Bill of Rights and specifically bear in mind that suspects must not be subjected to torture, “or to inhuman or degrading or punishment or other like treatment and that they are entitled to legal representation of their own choice” as they carry out their investigations.
“The Commission notes that the Chilekwa debacle is now playing out in the High Court and as such the matter is sub juice. Therefore, the Commission shall not make any further comments on this matter until the matter is concluded in Court. Nonetheless, the Commission will be keenly monitoring the matter as it progresses till its conclusion to ensure that there is no maladministration of justice,” he said.
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