HRC demands law to criminalise torture

THE Human Rights Commission (HRC) has renewed its call on the government to urgently enact legislation that explicitly criminalises torture, warning that the continued absence of such a law allows grave human rights violations to persist with impunity.
As the world commemorates the International Day in Support of Victims of Torture today, the HRC said the country’s failure to introduce a specific anti-torture law undermines its obligations under international human rights frameworks, including the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
In a statement issued yesterday, HRC Spokesperson and Director of Education, Training and Advocacy, Mweelwa Muleya, noted that despite constitutional provisions and international commitments, torture remains widespread – particularly during arrests and interrogations of suspects.
“The commission has over the years continued highlighting gruesome cases of torture, mainly at the time of arresting and interviewing suspects by law enforcement officers, but efforts towards enacting a law to effectively combat acts of torture have remained on-going,” Mr Muleya said.
He cited disturbing reports of suspects suffering severe injuries such as broken limbs, loss of sight and hearing, and in some cases, death.
“Some victims of torture remain indisposed or incapacitated to provide for themselves or their families for the rest of their lives. Torture constitutes a grave violation of human rights and is completely prohibited under international law,” he said.
Although Zambia has ratified UNCAT and Article 15 of the Constitution prohibits torture, Mr Muleya said enforcement remains weak in the absence of enabling legislation.
“Courts of law largely rely on assault-related offences to punish perpetrators of torture. This falls far below the threshold set by the UN Convention, which obligates State Parties to prescribe penalties proportionate to the gravity of the offence,” he said.
Mr Muleya stressed that torture is a crime against humanity and must be treated as such in the country’s legal system.
He said enacting a national anti-torture law would provide a comprehensive framework for prevention, prohibition, and punishment of all forms of torture and degrading treatment.
The United Nations designated June 26 as the International Day in Support of Victims of Torture in 1997, marking the anniversary of the adoption of UNCAT in 1984.
The day aims to reaffirm global commitment to the eradication of torture and the support of its victims.