To: The Officer-in-Charge, Chilundu Police Station, Lusaka.
From: Justice Warriors
Date: 27 May 2024
Our Ref: JW/DM/24/01
**RE: UNLAWFUL DETENTION, TORTURE AND INHUMAN TREATMENT OF MR DYLAN MWAPE**
We act for Mr Dylan Mwape, a student at Eden University, who is currently detained at Chilundu Police Station. We are instructed that Mr Mwape was arrested on suspicion of theft and burglary on the evening of 26 May 2024.
The purpose of this opinion is to bring to your attention the serious and ongoing breaches of our client’s fundamental rights, as guaranteed by the Constitution of Zambia (1996, as amended). We demand his immediate release and access to urgent medical care.
Violation of the Right to Protection from Inhuman Treatment
The primary and most severe breach concerns the violation of Mr Mwape’s right under Article 15 of the Constitution of Zambia. This article provides that “a person shall not be subjected to torture, or to inhuman or degrading punishment or other like treatment.” This protection is absolute and cannot be derogated from.
We are instructed that upon his arrival at the station, Mr Mwape was slapped and kicked by three police officers in an attempt to force a confession. Furthermore, the following morning, he was stripped and beaten by you, the Officer-in-Charge. These actions constitute torture and inhuman treatment. As established in Zambian law, any evidence obtained through such means is inadmissible, and the acts themselves are illegal (see *Attorney General v Mpundu* [1984] Z.R. 8). The physical assault on a suspect in custody is a grave abuse of police power and a clear violation of Article 15.
Inhuman and Degrading Conditions of Detention
In addition to physical violence, Mr Mwape was detained in a cell that had poor ventilation, no running water, and a broken, non-functional toilet. The cumulative effect of these conditions amounts to inhuman and degrading treatment, contrary to Article 15 of the Constitution. The state has a positive obligation to detain individuals in conditions that are compatible with respect for human dignity. The conditions at Chilundu Police Station, as described by our client, fall far below this constitutional minimum standard.
Deliberate Denial of Life-Saving Medical Treatment
Of gravest concern is the deliberate denial of essential medical treatment to Mr Mwape. We are instructed that Mr Mwape informed you of his HIV-positive status and his need to take his prescribed medication. Your response, and that of other officers, was to deny this request, stating that as a “thief,” he “did not deserve any medicine.”
This act is an exceptionally cruel form of inhuman treatment. The deliberate withholding of life-saving medication, leading directly to our client becoming “seriously ill” with breathing difficulties and severe pain, demonstrates a flagrant disregard for his right to life and health. This is a direct violation of the protections afforded under Article 15 of the Constitution.
Conclusion and Demands
The treatment of Mr Mwape represents a serious departure from the rule of law and the standards of conduct expected of the Zambia Police Service. The combination of physical torture, degrading detention conditions, and the denial of critical medical care constitutes multiple and severe violations of his constitutional rights.
We hereby demand the following actions be taken immediately:
1. The immediate and unconditional release of Mr Dylan Mwape from custody.
2. In the alternative, we demand that Mr Mwape is immediately granted access to his HIV medication and taken to a hospital for an urgent medical assessment and treatment.
3. A formal undertaking that no further acts of violence or mistreatment will be directed at Mr Mwape.
Please be advised that should you fail to comply with these demands within the next 24 hours, we hold instructions to commence urgent proceedings in the High Court for a writ of *habeas corpus ad subjiciendum* and for constitutional redress. We will also pursue criminal complaints and civil action for damages against all officers involved, including yourself.
Yours faithfully,
Justice Warriors
References
* *Attorney General v Mpundu* [1984] Z.R. 8
* The Constitution of Zambia, Chapter 1 of the Laws of Zambia (1996, as amended)
