The State party should continue its efforts to prevent and punish gender-based violence and adopt all
appropriate measures to prevent, combat and punish violence against women, in particular by speedily
adopting the legislation underway against gender-based violence and by incorporating offences of
family violence and marital rape in its Penal Code. The State party should ensure the priority of
statutory law over customary law and practices and the right to appeal.
(23) The Committee notes the State party’s efforts to ensure that female prisoners are supervised by female
officers. However, the Committee is concerned at information of acts of sexual violence by law enforcement
personnel, especially in rural area and regrets the low number of complaints and the absence of convictions in this
regard.
The State party should continue its recruitment process of female officers and ensure that procedures
are in place to monitor the behaviour of law enforcement officials. The State party should promptly
and impartially investigate all allegations of torture and ill-treatment, including sexual violence, with a
view to prosecuting those responsible. The State party should set up a rehabilitation and support
system for victims of gender-based violence.
Training on the prohibition of torture
(24) While acknowledging the State party’s efforts to provide human rights training to law enforcement officers
including the police, the Committee remains concerned at (art. 10):
(a)
The lack of training on the ways of prevention and prohibition of torture and cruel, inhuman and
degrading treatment or punishment provided for law enforcement officials at all levels, including police officers,
prison staff, judges as well as the military;
(b)
The absence of training to detect signs of torture and ill-treatment for medical personnel; and
(c)
The inadequacy of training materials available, notably on the conduct of interrogation rules.
The State party should continue human rights training with the objective of bringing about a change
in attitudes and behaviour and include the prohibition of torture for all professionals enumerated in
article 10 of the Convention at all levels. The State party should also ensure practical training for
medical personnel to detect signs of torture and ill-treatment. The State party should provide adequate
training materials focusing specifically on the prohibition of torture.
(25) The Committee notes with appreciation the State party’s commitment to ratify the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment.
The State party should consider ratifying the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman and Degrading Treatment and Punishment.
(26) The Committee regrets that, despite the commitment expressed during the consideration of the initial report
of Zambia in 2001, the State party has not yet made the declarations provided for in articles 21 and 22 of the
Convention.
The State party should consider making the declarations provided for in articles 21 and 22 of the
Convention.
(27) The Committee notes the current development of a central database by the Central Statistics Office; the State
party should provide in its next periodic report the following data, which will facilitate the Committee’s assessment
of the implementation of obligations under the Convention:
(a)
Statistics on the reception capacity and population of each prison in Zambia, including data
disaggregated by gender and age group (adults/children), and the number of pretrial detainees;
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