Sat, 29 Jul 2017 13:16:19 +0000
By ANNIE ZULU
THE Human Rights Commission has warned police not to abuse powers given to them under the Preservation of Public Security Act.
Commission chairman, Mudford Mwandenga, yesterday said law enforcement officers must not abuse human rights of suspects during the declared threatened state of emergency period but adhere to the provisions of the Preservation of the Public Security Act and the regulations made thereunder.
He said the HRC would be monitoring the situation because there were fears that police might start abusing their powers.
Recently, President Edgar Lungu invoked Article 31 of the constitution to give police and other defence and security agencies more powers to stop a spate of attacks designed to sabotage economic infrastructure in the country.
During this period, law enforcers would stop and search vehicles without a warrant, withdraw travel documents and detain suspects for more than 48 hours with authority of a magistrate.
Mr Mwandenga however, called on the officers to operate within their powers under the Preservation of Public Security Act.
“Law Enforcement Officers should refrain from over-detention of suspects in their efforts to maintain law and order but ensure that detained suspects are taken to court within seven days as provided by the Statutory Preservation of Public Security Act Regulations of 2017,
“They should not to exceed their powers under the Preservation of Public Security Act. Any detention of suspects without a court hearing beyond the prescribed period of seven days under the Act is illegal, an abuse of power and violation of human rights of the suspects,” Mr Mwandenga said.
He added that the HRC appreciates the symbiotic relationship between maintaining public security, order and peace and the need to promote and protect human rights.
Mr Mwandenga said therefore there is need, for State actors particularly the law enforcement officers to strike a balance between meeting the two obligations of maintaining public security and respecting human rights.
“It is the primary responsibility and mandate of the Government to maintain public security, order and peace in order to promote an environment in which the majority of individuals will continue to enjoy their rights and freedoms.
“Therefore, the invocation of Article 31 by the Government to protect the rights of individuals and properties is within its constitutional and human rights obligations.
“However, the Commission wishes to advise that as measures are being taken to maintain public security, caution should be exercised by law enforcement officers to refrain from acts that may be perceived as state-sanctioned violation of human rights through abuse of the Preservation of Public Security powers,” he said.
He indicated that the HRC would closely monitor and report on the observance of the effect of invoking Article 31 of the Constitution on human rights and freedoms during the period the proclamation would remain in force.
Mr Mwandenga appealed to Government to widely circulate the regulations relating to the implementation of the invocation of Article 31 to enable the members of the public and the law enforcement officers to operate within the provisions of the law.
