Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution prohibits subjecting any person to torture or to inhuman or degrading punishment, no laws address torture specifically. According to the Human Rights Commission (HRC), police and military officers used excessive force–including torture and cruel, inhuman, or degrading treatment–to obtain information and confessions when apprehending, interrogating, and detaining criminal suspects. The killing of Lemmy Mapeke by two police officers from the Macha Police Post in Choma on March 16, while in their custody, drew significant public attention. Both the Ministry of Home Affairs and the HRC confirmed police used excessive force when arresting Mapeke. According to the HRC, Mapeke’s detention from March 10-16 was unlawful and not in accordance with the due process of the law. HRC investigations indicated that Mapeke died because of the “torture, cruel, inhuman, and degrading treatment” from the two named police officers. Authorities arrested the two officers who were charged with murder. The trial was ongoing at year’s end.
The HRC reported allegations of such abuse in every detention facility it monitored, but noted that it was difficult to prosecute perpetrators because no law exists that explicitly prohibits torture or the use of excessive force. Confessions obtained through torture are admissible in court.
On August 3, the Kapiri Mposhi Magistrates Court convicted two men for same-sex sexual conduct, a criminal act in which penalties for conviction are 15 years’ to life imprisonment (see section 6). During the investigation of the case, police ordered the two defendants to subject themselves to a forced anal exam 10 days after the alleged incident took place. The examination, detailed in the court judgment, included a test of the “tone of the anus.” The test required the defendants to hold the doctor’s finger (due to the unavailability of instruments) within their anus to test its strength and likelihood of sodomy.
Prison and Detention Center Conditions
Physical conditions in prisons and detention centers remained harsh and life threatening due to overcrowding, frequent outbreaks of disease, food and potable water shortages, and poor sanitation and medical care.
Physical Conditions: According to the nongovernmental organization (NGO) Prisons Care and Counseling Association (PRISCCA), there were over 21,000 detainees (3,500 of whom were awaiting trial at year’s end) in 90 prison facilities with a capacity of 9,050 inmates. A slow-moving judicial system, outdated laws, and increased incarceration due to higher numbers of petty offenses contributed to prison congestion, according to the NGO. Other factors included limitations on magistrates’ powers to impose noncustodial sentences, a retributive police culture, and poor bail and bonding conditions. Indigent inmates lacked access to costly bail and legal representation through the Law Association of Zambia. Other organizations such as the Legal Aid Board and the National Prosecutions Authority were also difficult for inmates to access due to a lack of representation outside Lusaka. Vacant seats of High Court judges in six provinces caused delays in the confirmation of reformatory orders made by magistrates in these areas.
The law requires separation of different categories of prisoners, but only female prisoners were held separately. According to the HRC, conditions for female prisoners were modestly better during the year, primarily because of less crowded facilities. Juveniles were detained in the same holding cells with adult detainees. Prisons held an undetermined number of children who were born in prison or living in prisons while their mothers served sentences. Incarcerated women who had no alternative for childcare could choose to have their infants and children under age four with them in prison. According to PRISCCA correctional facilities designated for pretrial detainees included convicted inmates because there were only three reformatory schools for juveniles and three designated remand prisons for adult detainees.
Many prisons had deficient medical facilities and meager food supplies. Lack of potable water resulted in serious outbreaks of water- and food-borne diseases, including dysentery and cholera. PRISCCA reported that prison food was nutritionally inadequate. The prison system remained understaffed with only one full-time medical doctor and 84 qualified health-care providers serving the prison population. In November the president appointed Dr. Chisela Chileshe, the prison system’s only medical doctor, as commissioner general of the Zambia Correctional Service, leaving no full-time doctors to attend to prisoners. The incidence of tuberculosis remained very high due to overcrowding, lack of compulsory testing, and prisoner transfers. The supply of tuberculosis medication and other essential drugs was erratic. A failure to remove or quarantine sick inmates resulted in the spread of tuberculosis and other illnesses, and the deaths of several prisoners. The HRC and PRISCCA expressed concern at the lack of isolation facilities for the sick and for persons with psychiatric problems. Although prisoners infected with HIV were able to access antiretroviral treatment services within prison health-care facilities, their special dietary needs and that of those on tuberculosis treatment were not met adequately. Prisons also failed to address adequately the needs of persons with disabilities. Inadequate ventilation, temperature control, lighting, and basic and emergency medical care remained problems.
Female inmates’ access to sexual and reproductive health services was limited, according to organizations providing services to the population. Gynecological care, cervical cancer screening, prenatal services, and prevention of mother-to-child transmission programs were nonexistent. Female inmates relied on donations of underwear, sanitary pads, diapers for infants and toddlers, and soap. Authorities denied prisoners access to condoms because the law criminalizes sodomy and prevailing public opinion weighed against providing condoms. Prison authorities, PRISCCA, and the Medical Association of Zambia advocated for prisoners’ conjugal rights as a way to reduce prison HIV rates. Discriminatory attitudes toward the most at-risk populations (persons in prostitution and men who have sex with men) stifled the development of outreach and prevention services for these groups.
Administration: A formal mechanism of investigations of allegations of mistreatment of prisoners existed through the Police Public Complaints Commission (PPCC). The PPCC exists to receive complaints and discipline erring police and prison officers, but human rights groups reported it did not effectively investigate complaints and consists of former officers who are often hesitant to prosecute their colleagues.
Independent Monitoring: The government permitted prison monitoring by independent local and international NGOs and religious institutions. Among notable organizations permitted during the year were missionaries from abroad and the BBC, which conducted and filmed an education program on children living in prison with their incarcerated mothers at Lusaka Central Correctional Facility.
Improvements: PRISCCA noted that there was a reduction in the complaints of physical abuse by prison authorities owing to the establishment of legal desks for complaints in prisons. There were notable improvements in the area of recreation. The construction of four new dormitories at Kansenshi Correctional Facility further increased the capacity by an additional 500 spaces. The government also procured uniforms for both prisoners and prison officials across the country. Other improvements included the provision of food for children incarcerated with their mothers and arrangements for detainees to exercise their right to vote.