Lawyers condemn prolonged detention of suspects without court appearance

The Law Association of Zambia (LAZ) has raised concern over reports of people being held in detention for extended periods without being brought before a court, saying such practices risked violating constitutional protections of personal liberty.

LAZ president, Arnold Kaluba, said the right to personal liberty was a fundamental constitutional protection that should be respected irrespective of the nature of allegations against a person, their political affiliation, status or any other consideration.

In a statement issued in Lusaka on Wednesday, Kaluba said while law-enforcement and investigative agencies had a responsibility to prevent crime, investigate offences and bring alleged offenders to justice, powers of arrest and detention must be exercised within the confines of the law.

He cited Article 13 of the Constitution of Zambia, which protects every person’s right to personal liberty and requires that a person who is arrested and not released be brought before a court without undue delay, with provision for compensation where a person has been unlawfully arrested or detained.

“These safeguards are not mere procedural formalities. They are fundamental protections against unlawful or unjustifiably prolonged deprivation of liberty and are essential to ensuring that the exercise of State power remains subject to the Constitution, the law and judicial oversight,” he stated.

Kaluba said the constitutional protections were reinforced by the Criminal Procedure Code Act, Chapter 88 of the Laws of Zambia, particularly sections 30 and 33, which require arrested persons to be dealt with without unnecessary delay.

“LAZ further emphasises that detention must not be used as a substitute for investigation. An arrest must be founded on lawful grounds existing at the time it is effected,” the statement reads.

He said where reasonable suspicion or reasonable grounds were required by law, those grounds should exist at the time of arrest.

“Investigations may continue following a lawful arrest, but the mere fact that investigations are ongoing does not, in itself, justify continued detention outside the limits prescribed by law,” Kaluba said.

He said the power to arrest and detain was among the most significant coercive powers exercised by the State and should therefore be exercised responsibly and lawfully.

Kaluba also cited the Supreme Court decision in Munyonsi & Another v Ngalabeka, S.C.Z. Judgment No. 23 of 1999, in which the court affirmed that police may arrest persons for offences recognised by law but have no power to arrest persons for purposes of making inquiries.

“Compliance with the safeguards governing arrest and detention is not a matter of discretion, administrative convenience or policy preference. It is an obligation imposed by the Constitution and the law,” he said.

Kaluba stressed that LAZ did not express any view on the guilt or innocence of persons under investigation or prosecution, saying effective law enforcement and protection of constitutional rights were not competing objectives.

“The rule of law requires the State to investigate and prosecute suspected criminal conduct. It equally requires the State, in doing so, to obey the law,” he stated.

He called on the police and all institutions exercising powers of arrest and detention to ensure every arrest had a lawful basis, persons in custody were brought before court without undue delay, police bond was granted where permitted, investigations were conducted diligently and constitutional safeguards were upheld without discrimination.

Kaluba further urged authorities to urgently review cases in which people remained in custody without having been brought before a court and take immediate steps to ensure every detention complied with the Constitution and applicable law.

WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.