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The Human Rights Commission (HRC) has called for the enactment of a law criminalizing torture in Zambia as the country joins the rest of the world in celebrating the International Day in support of victims of torture.
Commission Spokesperson, Mwelwa Muleya, said over the years gruesome cases of torture had been highlighted, mainly taking place at the time of arresting and interviewing suspects by law enforcement officers.
Muleya in a statement issued in Lusaka on Thursday said efforts towards enacting a law to effectively combat acts of torture have, however, remained on-going.
“Regrettably, acts of torture have remained unabated, resulting in serious injuries, permanent disabilities and in extreme cases, loss of life of victims,” he said.
Muleya stated that some of the impairments suffered by suspects as a result of torture include loss of sight, hearing, teeth, broken limbs such as legs or arms and mental disability.
He noted that as a result, some victims of torture remain indisposed or incapacitated to provide for themselves or their families for the rest of their lives.
“Torture constitutes grave violation of human rights and is completely prohibited under international human rights law,” Muleya said.
He stated that Zambia has an international, regional and national obligation to outlaw torture through enactment of a national legislation that prevents, prohibits and punishes acts of torture and other cruel, inhuman or degrading treatment or punishment.
Muleya said the Commission acknowledges the positive efforts by the State towards preventing torture through the prohibition of such acts under Article 15 of the Constitution, Chapter 1 of the Laws of Zambia.
Additionally, the ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
“Unfortunately, without an enabling legislation that defines and prescribes penalties against torture, cruel, inhuman or degrading treatment or punishment, Article 15 of the Constitution and the UNCAT cannot be operationalised and enforced in Zambia,” he noted.
Muleya stated that as a result, the courts of law largely rely on assault related offences to punish perpetrators of torture, which falls far below the threshold provided under the UN Convention against torture which obligates State Parties to prescribe stiffer penalties that are proportionate to the gravity of the offences of torture.
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He said torture was a crime against humanity and it was for this and many other reasons that it was absolutely prohibited in international, regional and national laws.
“Therefore, it is imperative that Zambia should enact a national law that comprehensively guides on prevention, prohibition and punishment of acts of torture,” Muleya said
The International Day in Support of Victims of Torture was declared by the United Nations in 1997 to commemorate the anniversary of the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which entered into force on 26th June 1987.
The primary aim of the commemoration is to remind the international community about their obligation to eradicate torture in all its forms and support the victims.
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