LAZ condemns continued detention of Nawa

Written by on May 22, 2021

PRESS RELEASE BY THE LAW ASSOCIATION OF ZAMBIA


LAZ IS CONCERNED AT INCREASED INCIDENCES OF POLICE DETAINING SUSPECTS OF BAILBALE OFFENCES BEYOND THE STIPULATED 24 HOURS
(FOR IMMEDIATE CIRCULATION TO MEDIA HOUSES)


The Law Association of Zambia (LAZ) has noted, with grave concern, increased incidents of the Police detaining suspects of bailable offences beyond the 24 hours stipulated in our Criminal Laws.

Whilst our Laws permit the Police to take into custody a suspect, Section 33 of the Criminal Procedure Code, Chapter 88 of the Laws of Zambia permits such detentions for a period of only up to 24 hours. After the lapse of 24 hours, the Police are mandated to take the suspect before the appropriate Court or release the suspect on bond. The Courts of Law have been categorical in holding that are an infringement of a person’s freedom of movement guaranteed by Article 22 of the Constitution of Zambia.


In a country founded on and which thrives on the Rule of Law, of which LAZ is mandated to promote by its founding statute, wanton disregard of the Law by anyone must not be condoned.

The Rule of Law demands that every person, including the Police, must discharge their functions within the confines of the Law. In our democratic society anchored on Constitutionalism, no one is above the Law.


LAZ is of the further view that such detentions by the Police, especially on politically inclined accusations, have the potential to contribute to a negative atmosphere which should be discouraged as we go towards the 2021 General and Presidential Elections.
It is in the interest of the country for every stakeholder to play their role to contribute to peace before, during and after Elections.
LAZ has since written to the Inspector General of Police to ensure that the situation is quickly redressed.
Dated this 21st day of May, 2021.
________________________________
Sokwani Peter Chilembo
the Police can only
arrest for offences, and has no power to arrest persons for the purposes of making
inquiries. Therefore, detentions for enquiries and beyond the stipulated 24 hours


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