COMMITTEE AGAINST TORTURE HEARS RESPONSE OF ZAMBIA

Committee against Torture
AFTERNOON

9 May 2008



The Committee against Torture this afternoon heard the response of Zambia to questions raised by Committee Experts on the second periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on 8 May 2008, the delegation, which was led by Gertrude Imbwae, Permanent Secretary at the Ministry of Justice of Zambia, said that with regard to the definition of torture, the Cabinet would be informed so that it could reconsider the issue of incorporating the definition of torture in Zambia’s legislation. They would also carry out a sensitization programme to ensure that the stakeholders were educated on issues of torture. Concerning visits to prisons, the national human rights commission had a mandate to conduct such visits. Prisoners were able to report acts of torture during the visits, in the absence of prison officers. After the visit, orders could be issued in order for a prisoner to be given access to medical attention and for an investigation into the allegations of torture to be held. On the issue of street children, the delegation said that the Government had put in place a four-year strategic plan. Seven broad objectives had been identified, the main ones being to reduce the number of street children by 50 per cent and to improve and expand rehabilitation and re-integration programmes.

The delegation said that Zambia regretted that an accused had been detained for four years without a trial. This had been an exceptional case; the law stated that an accused person should be brought to court within 48 hours. On the issue of prison registers, it was noted that there was an occurrence book which showed the date of arrest and nature of offence and it was open to the public. On prisoners being given reduced diets, this was noted to be a form of punishment in accordance with Zambia’s legislation, but the Government was in the process of amending this law. Concerning the age of criminal responsibility, the delegation said that it was in the process of reviewing all child related legislation and this was one of the issues that would be considered. It also further noted that same sex relationships were an offence under the penal code. Concerning international conventions, the State party was committed to take steps to ratify the Optional Protocol to the Convention against Torture and the Genocide Convention. Zambia was also already part of the International Criminal Court.

The Committee will submit its observations and recommendations on the report of Zambia towards the end of the session, which concludes on Friday, 16 May 2008.

As one of the 145 States parties to the Convention against Torture, Zambia is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.

When the Committee next meets in public at 3 p.m. on Tuesday, 13 May 2008, it is scheduled to meet with the Sub-Committee on the Prevention of Torture which will present its annual report to the Committee against Torture.

Response of Zambia

Responding to a series of questions raised by Committee Experts on 8 May 2008, the delegation of Zambia said that, with regard to the definition of torture, the Cabinet would be informed so that it could reconsider the issue of incorporating the definition of torture in their legislation. They would also carry out a sensitization programme to ensure that the stakeholders were educated on issues of torture.

On the issue of whether courts accepted confessions made as a result of torture, the delegation said that whenever an accused alleged torture was inflicted to obtain evidence, a trial within a trial was conducted and the evidence was thrown out if the ruling was that the confession had been obtained under torture.

Concerning visits to prisons, the national human rights commission had a mandate to conduct such visits. Prisoners were able to report acts of torture during the visits, in the absence of prison officers. After the visit, orders could be issued in order for a prisoner to be given access to medical attention and for an investigation into the allegations of torture to be held.

The delegation said that Zambia regretted that an accused had been detained for four years without a trial. This had been an exceptional case; the law stated that an accused person should be brought to court within 48 hours. On the issue of prison registers, there was an occurrence book which showed the date of arrest and nature of offence and it was open to the public. It enabled a magistrate to take necessary action where there was prolonged detention. Concerning supervision of female prisoners, there was no female prison supervised by male prison warders. On prisoners being given reduced diets, this was noted to be a form of punishment, in accordance with the legislation of Zambia, but the Government was in the process of amending the law.

Concerning the age of criminal responsibility, the delegation said that Zambia was in the process of reviewing all child related legislation and this was one of the issues that would be considered. The issue of the death penalty was also being considered. There was an initiative to train local court justices on issues of gender based violence. All prisons had health care facilities and complicated cases were referred to hospitals.

On extraditions, the delegation said that it was the Attorney General who issued the warrant of extradition, while a deportation order was issued by the Minister of Home Affairs. Good cooperation was taking place between the Ministry of Home Affairs and the United Nations High Commissioner for Refugees. Refugees with good resources and expertise were given self-employment permits to run businesses while those with special skills were given work permits.

The delegation further noted that same sex relationships were an offence under the penal code. Concerning international conventions, the State party was committed to take steps to ratify the Optional Protocol to the Convention against Torture and the Genocide Convention. Zambia was also already part of the International Criminal Court. Also, the Constitution provided for redress to persons whose rights had been infringed. Further, the constitutional review process took into account the provisions of human rights treaties and to this effect, a human rights committee had been created.

On the issue of street children, the delegation said that the Government had put in place a four-year strategic plan. Seven broad objectives had been identified, the main ones being to reduce the number of street children by 50 per cent and to improve and expand rehabilitation and re-integration programmes. Legislation against gender based violence was also being prepared. The penal code had been amended to introduce stiffer penalties for sexual violence.

The delegation also noted that the national human rights commission received funding directly from the treasury but it was autonomous in its operations. Also, extradition arrangements were not limited to Commonwealth countries; other countries could enter into bilateral agreements with Zambia.

Questions by Committee Experts

FERNANDO MARINO MENENDEZ, the Committee Expert serving as Rapporteur for the Report of Zambia, welcomed the extent to which the delegation saw the need for a definition of torture and the developments underway concerning the central database. This showed that the situation in Zambia was going forward in good faith.

Was there a separation between the work of judges and the public prosecutor’s office? How long did interrogations last before a detainee could be freed or was put in pre-trial detention? Was violence against women in prisons looked into? On the death penalty, it was understood that it would be abolished, but in the meantime there was the situation of prisoners having to wait for many years on death row, how would this be dealt with? Did prison detainees have access to medical care? Was it possible and easy for them to contact their family? Also, was it possible to reverse an extradition order, asked Mr. Marino Menendez?

ALEXANDER KOVALEV, the Committee Expert serving as Co-Rapporteur for the Report of Zambia, asked what age was envisaged with regard to the planned reconsideration of the minimum age for criminal responsibility. What sort of training was given to the health personnel with regard to torture? To what extent were rehabilitation requests for torture granted?

Other Committee Experts made comments and asked questions on a number of issues. Concerning women in detention, one Expert noted that the report said that there was no knowledge of acts of police violence against detained women. However, in rural areas women were not interrogated in the presence of police women because there were insufficient women officers. Also, rapes by police officers had been reported. This was a serious situation and the State party should take into account this problem.

Another Expert said that it was not enough to attempt to persuade police officers not to use force, they also needed to be made accountable for their acts. Also, in the last ten years there had been no visits by Special Rapporteurs to the country. The Special Rapporteur on human rights defenders and the Special Rapporteur on toxic waste had pending invitations, but it was believed that the Special Rapporteur on torture and the Special Rapporteur on violence against women should be given priority.

Concerning the capacity of the human rights commission to receive funds, was it constrained by the Government to do so? Concerning independent visits to prisons, was the Government satisfied with how it was working? Did it work like a preventive mechanism? Were the visits documented? Could they take place in an unannounced manner?

Concerning the use of reduced diet in prisons as means of punishment, this was thought to be a bit extreme, as normal food in prison was usually already reduced. An Expert asked whether same sex relationships among adults, in private, was penalised in the penal code. If such, this was not in accordance with the provision of non-discrimination.

Another Expert noted that corporal punishment was not allowed in schools, but it was still possible at home. Also, what kinds of rehabilitation services were given to victims of torture? Was there a hotline available for women concerning sexual violence?

Response by Delegation

Responding to additional questions raised, the delegation of Zambia said that evidence was not used if the court found that it was the result of torture. On pre-trial detention, a person should be brought before court within 48 hours. Zambia acknowledged that practically there were some hiccups. It often depended on the facilities available as an arrest could happen in one area and the court could be far away in another area. For these reasons a detention could last longer. Before the decentralisation of the legal system, legal aid was also only available in some provinces.

The delegation noted that there were no prisons where female prisoners were guarded by male guards, nor did they have open air prisons for women. But arrests could be conducted by male police officers. If there was an allegation of sexual offence, it was dealt with legally.

On the issues of the death penalty and same sex relationships, the delegation said that these issues had been put before the citizens and they had chosen their views in this regard. Their view was to keep the death penalty and not to legalise same sex relationships. The abolishment of the death penalty could only be decided through a referendum.

Further, it was noted that prisoners did have access to medical facilities. Concerning reduced diet, the delegation said that they had taken note of the sentiments of the Committee and these issues would be brought up when drafting the new prison law. Also it had never been discussed to cut the national human rights commission’s budget, but there was an issue of financing it, as they had some difficulties in this regard as a developing country.

Surprise visits were allowed in prisons. People had been compensated for misdeeds by police officers. Corporal punishment was not encouraged in homes, but it was impossible to monitor what was happening in private homes. Most of the compensations that had been granted concerned the infringement of human rights by police officers, noted the delegation.

On the question of a hotline for women who were victims of sexual violence, the delegation said such a system was being established.

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