Prisons run out of space

Fri, 19 May 2017 10:16:32 +0000

By CHANDA MULAYE & INNOCENT SIACHITOBA

The gross overcrowding in Zambia’s correctional facilities is of grave concern to the country’s criminal justice system, the Human Rights Commission has said.

Chairperson of the commission, Mr. Mudford Mwandenga, revealed that as of 17th May, 2017, the inmate population countrywide was at 21,370 against the holding capacity of 8,250, representing a national overcrowding of approximately 159 percent.

“Our prisons are extremely overcrowded. Our country’s population has increased and we have to bear in mind that the increase does not match with the facilities that we have,” he said.

Mr. Mwandenga also said that overcrowding violated a number of human rights of the inmates.

“Prisoners should be treated at all times with humanity, humanely and with respect to their inherent dignity,” he said.

He noted that administrative monitoring by the State as well as independent monitoring by different non-State actors was necessary to ensure the protection of the rights of prisoners.

“An important provision especially provided for in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is the establishment of a monitoring mechanism to carry out independent monitoring of places of detention, thereby providing an avenue for prisoners to report violations of their rights,” he said.

Meanwhile, Prisons Care and Counselling Association (PRISSCA) executive director Godfrey Malembeka disclosed that over 4,000 inmates were pre-trial detainees, a situation he attributed to lack of decentralization of the justice system in Zambia, adding that Government needed to regularly send judges to all the 10 provinces.

“It is worth noting that of the total prison population, close to 4,000 are still remandees due to the slow dispensation of justice,” he said.

Dr.  Malembeka also said that a number of factors continued to impede the quick access to justice such as magistrates not being able to pronounce sentences above their jurisdiction and the failure by the courts to confirm reformatory orders for juveniles.

He also said that high profile cases were a drawback in the execution of justice as other cases were halted so as to pave way for such cases.

And Dr. Malembeka said that the slow pace of justice and failure to use other alternatives to sentencing had also grossly contributed to over-crowding in the country’s correctional facilities.