HUMAN RIGHTS COMMISSION RESOLVES 66 CASES, FLAGS PROLONGED DETENTION

 By Alain Kabinda

The Human Rights Commission has resolved 66 out of 100 alleged human rights violation cases reviewed during its third Commission Cases Review Meeting, while raising concerns over prolonged detention, delayed court proceedings and barriers to accessing police bond.

Commission Chairperson Dr Pamela Towela Sambo said the remaining 34 cases were still under active consideration, with the Commission continuing to pursue remedies and accountability through engagement with responsible institutions.

Speaking at a press briefing following the meeting held from October 27 to 28, 2026, at Sarovar Hotel, Dr Sambo said most of the cases concerned the right to secure protection of the law and the right to personal liberty.

Of the 100 cases reviewed, 47 related to protection of the law, while 36 concerned personal liberty. Eight involved the protection of children from abuse, while two each related to labour and employment rights, social security, and freedom from torture, inhuman or degrading treatment.

The remaining cases concerned social protection, access to information and education, with one case recorded in each category.

Dr Sambo said the 83 cases involving protection of the law and personal liberty highlighted continuing concerns surrounding arrest, detention and the administration of justice.

The Commission resolved the cases through mediation, engagement with relevant institutions, referrals for legal assistance and other interventions that secured corrective action and redress.

The review identified cases in which suspects were held for extended periods before appearing in court, raising questions about compliance with constitutional safeguards and criminal procedure requirements.

In one case, three people were detained at Shang’ombo Central Police for approximately one year and seven months before their first court appearance.

The three remained in custody for a further two months and eight days after a court ordered their release because the prosecution had failed to serve the order on the detention facility.

In another case, a person detained for approximately nine months on a murder charge was eventually released due to insufficient evidence.

Dr Sambo said such cases raised concerns about the protection of personal liberty and the obligation to ensure that arrested persons were brought before a court without undue delay.

The Commission cited Article 13(3) of the Constitution and Section 33(1) of the Criminal Procedure Code in highlighting the legal safeguards governing detention after arrest, release on bond and appearance before a competent court.

In one matter, a convicted person waited approximately four years for sentencing after being committed to the High Court, while judgment in a separate murder trial remained outstanding for more than seven years after the conclusion of the trial.

Dr Sambo said both matters had since been resolved following the Commission’s engagement with the Judiciary.

She warned that prolonged delays affected accused persons, victims and their families while undermining public confidence in the justice system.

The Commission said the delays raised concerns about Article 18(1) of the Constitution, which guarantees a fair hearing within a reasonable time before an independent and impartial court.

The Commission also expressed concern over barriers to accessing police bond, particularly conditions requiring suspects to provide two serving civil servants as sureties.

According to Dr Sambo, some suspects struggled to meet these requirements after being transferred away from their homes and losing contact with relatives who could assist them.

The Commission has further called on the Zambia Police Service to ensure that bond conditions were lawful, reasonable and proportionate to individual circumstances.

It said that where the law permitted bond, conditions should facilitate the exercise of rights and freedoms rather than unnecessarily restrict them.

The review further identified cases involving foreign nationals who had been detained for extended periods without appearing in court because interpreters were unavailable.

Dr Sambo said Article 18(2)(f) of the Constitution provided for free interpretation where an accused person could not understand the language used at trial.

She urged the Judiciary to make timely arrangements for interpretation services to ensure that language barriers did not obstruct access to justice.

The treatment of children in conflict with the law was another area of concern, with eight cases reportedly handled contrary to safeguards under the Children's Code Act No. 12 of 2022.

In Choma, a 14-year-old child was detained for 54 days on allegations of theft.

In Namwala, two 17-year-old children were held for 16 and 58 days, respectively.

The Commission said the children had been detained alongside adults without being brought before a court or granted police bond.

Dr Sambo also raised concern about cases in which children had allegedly been abandoned by their parents and the Department of Social Welfare.

She called on the Zambia Police Service, Department of Social Welfare, National Prosecution Authority and Judiciary to fully implement the Children's Code Act.

The Commission emphasised that detention should be used only as a last resort, children should be separated from adults, and diversion should be considered in accordance with the law.

In one case, a traditional leader reportedly detained a man at his palace for 20 days in connection with the conduct of his son, who was a person with a disability.

Dr Sambo said the matter raised serious concerns about respect for human dignity and called on traditional authorities to exercise their powers within the law.

The Commission further identified alleged administrative lapses involving the removal of beneficiaries from Social Cash Transfer lists.

It also noted continuing concerns over workers' rights, including delayed wage payments and failure to comply with prescribed minimum wages.

These findings, the Commission said, required sustained engagement with responsible institutions to prevent recurring violations and improve access to remedies.

Dr Sambo acknowledged the cooperation of the Judiciary, Department of Social Welfare and Office of the Labour Commissioner in responding to human rights concerns and facilitating corrective action.

However, she stressed that resolving individual cases was not enough without sustained measures to address recurring institutional weaknesses.

The Commission said it would continue pursuing remedies in outstanding cases while using findings from its reviews to guide monitoring, institutional engagement and public reporting.

It said its mandate to report on the observance of rights and freedoms was grounded in the Human Rights Commission Act No. 4 of 2024, the Constitution and the Access to Information Act.

The Commission has urged members of the public who experience or witness alleged human rights violations to report them through its toll-free line, 8181.