H R Assignment Two

STUDENT NAME: …………………………………….
EDDIE NG’ANDU
STUDENT NUMBER: …………………………………. 202053900
ASSIGNMENT No: ……………………………………. Two
COURSE NAME: ……………………………………… Human Rights & Law Practice
DATE: …………………………………………………. 26TH February 2023
QUESTION:
In view of the bill of rights identify a minimum of four of human rights violations in the
story of the person who died in policy custody in November 2021.
Introduction:
On the morning of Tuesday, the 30th of November 2021, Justine, being a graduate
from Zambia Institute of Chartered Accountants and a man with no prior criminal
record, was driving along Lumumba Road when he hit into a man pushing a
wheelbarrow. Upon seeing that the man was injured, Justine understood that the
police were supposed to give him a medical report so that he could take the injured
man for treatment at a hospital and thereafter report himself to the police. He
rightfully offered to drive the man to the police station in order to begin the
aforementioned process. However, upon arriving at the police station, the Police
instead arrested Justine, put him in custody and refused to grant him bail until they
saw the actual insurance certificate for the vehicle that he was driving at the time of
the accident. Naturally Justine was not inclined to be detained in police cells but
nevertheless, he complied with what the police wanted. Unfortunately, Justine died
while on detention.
According to section 56 of the Road Traffic Act, 1991, defines the provisions related
to the obligation to be insured or guaranteed. According to this, a user must not drive
a mechanically propelled vehicle at public places, without a valid policy of insurance.
It states that: The person liable for injury caused due to negligent use of the vehicle
must have an approved policy of insurance or a certificate of guarantee that
compensates any person against damages or costs incurred on account of injury, or
A fine, imprisonment not exceeding six months, fine and imprisonment both, 2-year
disqualification from driving after the first conviction.
Discussion:
In this vein, Justine had committed two offenses; one for driving an unlicensed
vehicle and for hitting a person with his vehicle. However, Justine had rights which
the arresting officer violated which may have led to his death while in custody.
Therefore, in this assignment will discuss four rights which were violated and will be
discussed supported with case law.
The first right that Justine was denied was the right to fair trial. The right to a fair trial
is a basic human right. It entails that if any person is charged with an offence, then,
unless the charge is withdrawn, the case shall be afforded a fair hearing within a
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reasonable time by an independent and impartial court established by law. This
position of the law is reinforced by article 18 (9) of the constitution which emphasizes
the fundamental nature of the defendant's right to trial. Accordingly, no person shall
be convicted of a crime unless upon evidence produced at trial in an independent
and impartial court. Further, this right applies not only to treatment in court and the
evaluation of evidence but also to treatment before trial. It applies to suspects before
criminal charges are filed prior It also applies to public authorities, particularly
prosecutors and the police that they should not start with the preconceived idea that
the accused is guilty by treating the accused in such a way to imply guilt for instance
by refusing to grant bail or torturing the suspects. This means that where an accused
confesses guilt, such a confession ought to be made voluntarily. Hence, in the case
of Ciiileshe v. Tlie people, the High Court held that, even though a court is satisfied
that a statement was made voluntarily, it nevertheless has discretion to exclude such
statement if it were obtained in a manner unfair to the accused
Secondly, right not to be tortured or treated in an inhuman or degrading way is

absolute. Inhuman treatment or punishment is treatment which causes intense
physical or mental suffering. It includes: serious physical assault psychological
interrogation cruel or barbaric detention conditions or restraints serious physical or
psychological abuse in a health or care setting, and threatening to torture someone,
if the threat is real and immediate. The Court has not ruled out that a threat of torture
can also amount to torture, as the nature of torture covers both physical pain and
mental suffering. In particular, the fear of physical torture itself may in certain
circumstances constitute mental torture. However, it has underlined that the
classification of whether a given threat of physical torture amounted to psychological
torture or to inhuman or degrading treatment depended upon all the circumstances
of a given case, including, notably, the severity of the pressure exerted and the
intensity of the mental suffering caused. In the case of Chahal v United Kingdom
[1996] an Indian Sikh living in the UK claimed he would be tortured if deported to
India because he was a high-profile supporter of Sikh separatism. The UK still
sought to deport him on suspicion of being a terrorist. In a very important case, the
European Court of Human Rights held that Article 3 prohibited his removal as he
faced a real risk of torture or inhuman or degrading treatment. The Court stressed
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that his suspected involvement in terrorism was irrelevant the protection afforded by
Article 3 is absolute and extends to every human being, regardless of their conduct.
Thirdly. Provisions to secure protection of law; If any person is charged with a

criminal offence, then, unless the charge is withdrawn, the case shall be afforded a
fair hearing within a reasonable time by an independent and impartial court
established by law. In the case of Godfrey Miyanda V The Attorney-General (1981).
The applicant was detained on 22nd May, 1981 and was served with a detention
order on 23rd May, 1981. His detention took place at Nsele Airport within the
Republic of Zaire. He applied for the issue of a writ of habeas corpus ad
subjiciendum (a civil, not criminal, ex parte proceeding in which a court inquires as to
the legitimacy of a prisoner's custody). Challenging the validity of his detention. He
alleged vagueness and non-particularization of the grounds for his detention and that
there was an abuse of power relating to his constitutional rights of liberty and equal
protection. The court therefore ruled that that the applicant is no more a threat to
public security. In the result, I cannot rule that the applicant's continuous detention is
unjustified or unlawful.
Lastly, Protection of right to life; No person shall be deprived of his life intentionally
except in execution of the sentence of a court in respect of a criminal offence under
the law in force in Zambia of which he has been convicted. This means that
nobody, including the Government, can try to end your life. It also means the Government
should take appropriate measures to safeguard life by making laws to protect you and, in
some circumstances, by taking steps to protect you if your life is at risk. Public authorities
should also consider your right to life when making decisions that might put you in
danger or that affect your life expectancy. If a member of your family dies in
circumstances that involve the state, you may have the right to an investigation. The
state is also required to investigate suspicious deaths and deaths in custody. on May
25, 2022, the President stated that Zambia has taken a decision to abolish the death
penalty. When announcing this decision, President Hichilema stated that we
[Zambians] believe in showing strength of our compassion, we believe in rights for all
citizens, including the right to life.
Conclusion:
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The police in Zambia should be made more accountable for their actions in their
operations just as the English police are by establishing a way of supervising or
periodically reviewing their actions especially their treatment of detainees and also
by subjecting them to stiffer disciplinary regulations which may be contravened even
where no tort or crime has been committed. There is need for the people of Zambia to
play an active part in advocating for respect and observance of human rights such as the
right to a fair trial and the right to be presumed innocent until proved guilty by joining
membership in Civil Education groups which are among the best means of equipping oneself
with such knowledge. This in turn will enable the public to speak out and fight against such
human rights abuses.
REFERENCES:
Anyangwe c. Introduction to human rights and international humanitarian law. Lusaka, UNZA press.2004.
Legal Process: Zambian Cases. Legislation and Commentaries. Lusaka, UNZA Press (2004).
Roberston & Merrills. Human Rights In Europe 3'^ edition Manchester. Manchester
University Press (1993).
Rights on detention and fair trial in criminal matters. Vol. 21 (1992 -1998). Kunda, G.
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STUDENT NAME: …………………………………….

Secondly, right not to be tortured or treated in an inhuman or degrading way is

Thirdly. Provisions to secure protection of law; If any person is charged with a

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