Police Denies Rights commission access to Findly

Human Rights Commission Raises Alarm Over Continued Detention Of Findlay, 16 Others The Human Rights Commission has expressed concern over the continued detention of prominent Lusaka businessman Valden Harry Findlay and 16 other individuals, saying the Zambia Police Service and…

Human Rights Commission Raises Alarm Over Continued Detention Of Findlay, 16 Others

The Human Rights Commission has expressed concern over the continued detention of prominent Lusaka businessman Valden Harry Findlay and 16 other individuals, saying the Zambia Police Service and other security wings have failed to uphold the rule of law and respect for human rights during the period surrounding the general election. The commission’s intervention came in a statement issued this week, ahead of polling day.

HRC chairperson Dr Pamela Sambo said the commission was actively monitoring a cluster of cases involving high-profile individuals, including Xavier Chungu, Daniel Makina, MacPherson Mukuka, musician Chester, and 16 other NRPUP supporters. She named Ambassador Martha Lungu, Hannah Isreal Katontoka and Findlay among those whose continued detention had drawn the commission’s scrutiny.

Sambo said Human Rights Commission officers had been unable to secure cooperation from the Zambia Police Service in gaining access to Findlay and three others held alongside him, a situation she described as perturbing. “As of today, Human Rights Commission officers have not received the cooperation of the Zambia Police Service in accessing Mr Findlay and three others to enable the lawful conduct of compliance with minimum human rights standards,” she said.

The commission called on police and the Drug Enforcement Commission to respect the due process rights of those in custody, emphasising that Zambia’s legal framework requires strict adherence to procedure in every arrest connected to the election period. “The commission enjoins the Zambia Police Service to ensure strict adherence to due process of the law in all election-related arrests, investigations and prosecutions,” Sambo said.

She stressed that the rights at stake, personal liberty and protection from arbitrary arrest and detention, are guaranteed both under Zambia’s Constitution and under international legal standards, and must be honoured regardless of the political sensitivity of a case. “The rights to personal liberty and to protection from arbitrary arrest and detention are both constitutionally and internationally recognised, and must therefore be met with strict adherence,” she said.

The commission chairperson outlined the specific due-process guarantees she said were being overlooked, including the presumption of innocence, the right to legal representation, prompt notification of charges, and a timely court appearance. “These due process safeguards are guaranteed by Article 18 of the Constitution of Zambia,” Sambo said.

According to the commission, its monitoring extends well beyond the group of cases involving Findlay and covers a broader pattern of arrests and detentions affecting political candidates, supporters, journalists and other public figures during the election period, following a wave of complaints received by the commission. “The commission was actively monitoring arrests and detentions involving political candidates, supporters, journalists and other actors as it had received complaints against actors,” Sambo said.

Preliminary findings from the commission’s own investigations, she said, point to a consistent problem across the cases under review. “Without delving into the merits of these cases, the commission in its preliminary investigations has established that all the suspects have been detained for periods exceeding the prescribed lawful period of 24 hours within which a suspect may be held without being presented before a court of competent jurisdiction,” Sambo said.

The commission’s statement did not name a specific offence connected to Findlay’s detention, nor did it provide a timeline for when access might be granted or when the individuals concerned could expect to appear before a court. Police have not issued a public response to the concerns raised by the commission at the time of publication.

The intervention places the Human Rights Commission’s findings alongside a broader body of election-period monitoring reported this week, including concerns raised separately by Transparency International Zambia over polling-day irregularities and by lawyers representing suspects in an unrelated Copperbelt copper-theft case, who have made similar complaints about suspects being held beyond the constitutionally permitted period without appearing in court