The State party should consider to amend its Code of Criminal Procedure and take effective measures
to ensure that fundamental legal safeguards for persons detained by police officers are respected,
including the right to inform relatives, have access to counsel and independent medical assistance from
the outset of the detention.
(12) The Committee, while welcoming the setting up of the Forensic Laboratory in Lusaka, regrets that only these
police officers can efficiently investigate (art. 11).
The State party should establish forensic laboratories in all provincial centres and provide training in
the use of such laboratories.
Administration of justice
(13) The Committee notes the efforts made by the State party to punish police and prisons’ officers for torture,
abuses or violations of human rights. It remains concerned, however, about the fact, acknowledged by the State
party, that most people living in the State party are unaware of their rights and thus unable to present their
allegations before appropriate authorities or tribunals (art. 13).
The State party should undertake awareness-raising campaigns in order to ensure that all persons in
the State party are aware of their rights as envisaged in the article 13 of the Convention.
(14) While welcoming the fact that law enforcement personnel do not rely on confession statements unless other
independent evidence has been obtained, the Committee notes with concern that there is no legislation or other
measures to ensure that any statement made as a result of torture shall not be invoked as evidence in any
proceedings (art. 15).
The State party should adopt all necessary legislative, judicial or administrative measures to ensure
the strict application of article 15 of the Convention and should provide detailed information to the
Committee on any cases where such evidence was excluded or used and on measures implemented.
Systematic review of detention facilities and living conditions in prisons
(15) The Committee welcomes the numerous administrative and other measures taken to improve the conditions
of detention and the State party’s commitment to continue these efforts. However, the Committee reiterates its
concerns expressed in its previous concluding observations (A/57/44) about the severe overcrowding in detention
facilities as well as at the still poor physical conditions prevailing in prisons and the lack of hygiene and adequate
food. The Committee is also concerned at the use of a reduced diet as a form of punishment (art. 16).
The State party should take urgent measures to bring conditions in detention centres into line with the
United Nations Standard Minimum Rules for the Treatment of Prisoners. The State party should
allocate all material, human and budgetary resources necessary for this purpose and give priority to:
(a)
Reducing overcrowding and the high number of prisoners in detention;
(b)
Improving food provision for detainees;
(c)
Speedily abolish the law and practice on reduced diet.
(16) The Committee, while welcoming the amendment of the Prisons Act of 2004 providing for the establishment
of a Health Care Service within prisons which will enable the Prisons’ Services to employ competent medical
personnel to attend the health needs of inmates, is concerned at the prevalence of disease such as HIV/AIDS and
tuberculosis and the high contamination rate of inmates and prisons’ officers due to overcrowding as well as the lack
of adequate health care (art. 16).
The State party should speed up the establishment of Health Care Services within prisons and the
recruitment of medical personnel in order to bring conditions of detention in line with international
standards.
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