LAZ RAISES ALARM OVER PROLONGED DETENTION OF SUSPECTS
LAZ RAISES ALARM OVER PROLONGED DETENTION OF SUSPECTS
The Law Association of Zambia (LAZ) has raised concern over the prolonged detention of suspects by the Zambia Police Service without being brought before a court, warning that the practice could undermine constitutional protections on personal liberty.
LAZ president Arnold Kaluba said continued detention without presenting suspects before a competent court within the period prescribed by law was inconsistent with Article 13 of the Constitution, which protects the right to personal liberty.
Mr Kaluba said the law requires arrested persons to be taken before a court within 24 hours or, where applicable, released on police bond while investigations continue.
He cautioned law-enforcement agencies against making arrests simply to facilitate investigations, stressing that any arrest and subsequent detention must have a lawful basis and be supported by evidence.
“While law-enforcement and investigative agencies have an important responsibility to prevent crime, investigate offences and bring alleged offenders to justice, the powers of arrest and detention must at all times be exercised within the confines of the Constitution and the law,” he said.
Mr Kaluba acknowledged the important role played by the police and other investigative agencies in preventing crime and bringing suspected offenders to justice.
However, he said those responsibilities must be exercised alongside the protection of fundamental rights.
“The right to personal liberty is a fundamental constitutional protection which must be respected at all times, irrespective of the nature of the allegations against a person, their political affiliation, status or any other consideration,” Mr Kaluba said.
He stressed that LAZ’s statement should not be interpreted as expressing an opinion on whether any individual currently under investigation or prosecution is guilty or innocent
“LAZ does not, through this statement, express any view on the guilt or innocence of any person who may be under investigation or prosecution. Effective law enforcement and the protection of constitutional rights are not competing objectives. The rule of law requires both,” he said.
The association has consequently called on the Zambia Police Service to urgently review cases involving suspects who have remained in custody for prolonged periods and grant police bond where permitted by law.
LAZ has also urged the police to ensure that every arrest and continued detention is based on lawful grounds and complies with the Constitution and applicable legislation.
The association further called for all persons remaining in police custody to be brought before a competent court without undue delay and in accordance with the law.