2013 Prisons Report For Eastern - Western - Northern and Muchinga Provinces

Human Rights Commission
REPORT OF THE PRISON AND

POLICE CELLS INSPECTION
EASTERN, WESTERN, NORTHERN AND MUCHINGA PROVINCES
AUGUST 2013
2013 REPORT OF THE PRISON AND POLICE CELLS INSPECTION EASTERN, WESTERN, NORTHERN AND MUCHINGA PROVINCES 1
TABLE OF CONTENTS
EXECUTIVE SUMMARY ………………………………………………….......................…………….………5
CHAPTER 1: INTRODUCTION..................................................................................................10
Legal Framework.......................................................................................................................10
CHARPTER 2: CONDITIONS OF DETENTION IN PRISONS
2.2. Findings…………………………………………………………………........................…….................13
2.2.1. Overcrowding ……………………………………………………………………........................…….13
2.2.2. Separation of Categories …………………………………………………………...................……..14
2.2.3. Prison Accommodation…………………………………………………………...................………...14
2.2.4. Food and Nutrition………………………………………………………………......................………19
2.2.5. Right to Health and Medical Care …………………………………………….................…………22
2.2.6. Water and Sanitation …………………………………………………………………...................….25
2.2.7. Beddings ………………………………………………………………………………….......................26
2.2.8. Clothing …………………………………………………………………………………........................28
2.2.9. Contact with the outside World………………………………...……….....................................29
2.2.10. Rehabilitation and Skills Training ……………………………………………..................……...30
2.2.11. Education ……………………………………………………………………………....................…..30
2.2.12. Recreation…………………………………………………………………………….....................…..32
2.2.13. Right to Personal Property………………………………………………………………..................33
2.2.14. Operational Challenges……………………………………………………………………................34
2.2.14.1. Communication………………………………………………………………………......................34
2.2.14.2. Transport………………………………………………………………………………......................34
2.2.15. Staff Welfare ……………………………………………………………………………......................35
2.2.16. Complaints from inmates............……………………………………………………....................38
CHAPTER 3: CONDITIONS OF DETENTION IN POLICE STATIONS AND POSTS
3.0. Conditions in the cells…………………………………………………………………….......................39
3.1. Police Posts ……………………………………………………………………………….........................42
3.2. Police cells as Remand facilities …………………………………………………………....................46
3.3. Water supply………………………………………………………………………………........................46
3.4. Medical Services……………………………………………………………………………......................46
3.5. Transport…………………………………………………………………………………….......................46
3.6. Communication Facilities …………………………………………………………………...................48
3.7. Staff Welfare……………………………………………………………………………….........................48
3.8. Staff accommodation…………………………………………………………………………..................49
3.9. Office Space………………………………………………………………………………….......................52
CHAPTER 4: The Right from freedom from torture
4.1 Findings on Torture and Ill-treatment………………………………....................…………………..56
CHAPTER 5: CONCLUSION AND RECOMMENDATIONS
5.1. Conclusion…………………………………………………………………………........................………64
5.2. Recommendations…………………………………………………………………......................……….64
ANNEXTURE
Standard Minimum Rules for the Treatment of Prisoners

Basic Principles for the treatment of Prisoners
Body of Principles for the Protection of all persons under any form of Detention or Imprisonment.
4 2013 REPORT OF THE PRISON AND POLICE CELLS INSPECTION EASTERN, WESTERN, NORTHERN AND MUCHINGA PROVINCES
EXECUTIVE SUMMARY
The Human Rights Commission undertook visits to 90 places of detention in 2013 with a view to
assessing and inspecting conditions of the persons held in such places and make recommendations
to redress existing problems. The visits afforded the Commission an opportunity to find out
whether there were improvements in the conditions of the facilities where suspects and prisoners
are detained in response to its recommendations to the government following visits undertaken in
pursuance to this mandate in previous years.
The facilities visited included prisons and police stations in Northern, Muchinga, Western
and Eastern Provinces. Of these were 31 police stations, 36 police posts and 23 prisons. The
Commission, pursuant to the powers vested in it by Section 10 of the Act, conducted physical
inspection of these places of detention and interviewed those who were detained and the officers
charged with the responsibility to look after them.
The Commission found that there were minimum efforts to improve the infrastructure capacity
although general conditions of detention remained the same, contrary to the United Nations
minimum standards on the treatment of detained persons. It worries the Commission that various
matters established from its continued monitoring of the detention facilities in the country remain
unresolved. The Commission, therefore, urges that the concerned authorities develop an action
plan clearly detailing the concrete action should be taken by concerned authorities beyond mere
pronouncements to meet the minimum requirements set out in the UN Minimum Standard Rules
on the Treatment of Prisoners.
FINDINGS
The findings of the Human Rights Commission during the visits undertaken to various prisons
and polices cells in August 2013 were as follows:
Overcrowding
Congestion remained a major problem as most of the facilities were built during the colonial era
to hold a smaller inmate population. The most crowded were Chipata Central Prison with 758
inmates against the official holding capacity of 250; Mongu Central Prison with 570 against official
capacity of 180; Milima State Prison 513 with against capacity of 200; Mpika State Prison with
232 against capacity of 90, Isoka State Prison with 192 against capacity of 90, Senanga Prison
with 130 against capacity of 50, Kaoma State Prison with 114 against capacity of 40, Mbala Prison
with 103 against capacity of 40 and Chinsali Prison with 108 against capacity of 40. The prisons
located in provincial headquarters were found to be more congested than those in districts.
Separation of Inmates
There was no physical separation of untried inmates and the convicted. The Commission found
the situation unchanged and observed that remandees and convicts shared the same dormitories
contrary to Section 60 of the Prisons Act1 read together with rule 8 of the 1955 Standard Minimum
Rules for Treatment of Prisoners (SMR)2. The Commission further observed that young offenders
were not treated differently from adult particularly in prisons that had no provision for young
offenders. Most prisons had improvised juvenile sections and used what previously were penal
1 Zambia Prisons Act
2 Standard Minimum Rules for Treatment of Prisoners (SMR)
blocks as juvenile cells. The wire separation between juvenile and adult sections was not ideal to
prevent contact or communications from either side as was observed at Milima Prison.
General prison conditions

Most inmates had inadequate clothing or uniforms and shared the few available blankets and
mattresses, nor were they provided with separate beds and sufficient, clean beddings. There was
also erratic supply of water at most prisons although some have sunk bore holes to mitigate the
problem like Milima, Chinsali and Mporokoso Prisons which were found to have better supply
than prisons that depended on water utility companies. The staffing levels were generally low in
all the prisons visited. The understaffing meant that officers worked longer hours than normal
and posed a risk in terms of properly managing inmates and preventing them from escaping from
lawful custody.
Conditions in police cells

The inspection by the Human Rights Commission revealed that most police stations had no
modern cells and the existing cells were being used for holding suspects longer than the legally
permitted 24 hours. This means that cells intended for short-term detention could be turned into
places of extended residence for some inmates, leading to violations of human rights. Generally,
the facilities had several inadequacies in relation to the availability and condition. Most of
the police stations visited had no cells for women and juvenile suspects or remandees who were
being kept in the corridors or improved structures like an exhibit room. At Mporokoso, Isoka,
Chinsali and Mpulungu Police Stations, women were found being kept at the inquiries section and
sleeping in corridors. Suspects at Matumbo Police Post were found handcuffed to a rim for lack
of proper facilities. Inmates at most police stations were overcrowded in cells that were filthy,
dilapidated, lacked proper ventilation and had poor sanitation.
Food and nutrition

At various prisons, inmates were not provided with enough food of nutritional value adequate for
their health and wellbeing in strict compliance with the recommended levels. They were made
to have combined lunch and supper as meals could not be prepared separately due to lack of
electricity supply whereby prisons depend on firewood which is not readily available.
Rights to access to health services

Only a few prisons had clinics or sick bays to provide healthcare to inmates; some had drug kits
for emergencies that were not well-stocked or lacked the basic medicines; and the rest relied on
government health institutions for medical services. The lack of health services provision is a
violation of inmates’ right to health and in contravention to Section 16 of the Prisons (Amendment
Act) No. 16 of 2004 which requires that such services should be made readily available.
Torture and other cruel, inhuman and degrading treatment or punishment

There was evidence of torture in the form of beatings or whipping with crude instruments; physical
assault and injuries; and psychological abuse inflicted on detainees by the officers and fellow
inmates. Extreme incidents of torture were recorded at Isoka Prison where all remandees were
subjected to severe pain, cruel, inhumane and degrading treatment during interrogations after a
reported prison break. The Commission interviewed all the 10 victims who narrated how they were
abused and made to crawl on the floor, locked up in cell, not allowed to have a bath for days, denied
food and repeatedly beaten by officers using sharp instruments. They also complained of harsh
treatments from the fellow inmates. Other detention places were torture and other cruel, inhuman
and degrading treatment or punishment were report reported include Senanga police Station with
8 victims; Nyangu Open Air Prison with 7 victims; Mpika Prison, 2 victims; Lukulu Police Station
2 victims; Sesheke Police Station, 1 victim; Mongu Police Station, 1 victim; Shangombo Police
Station, 1 victim; Sichili Police Post, 1 victim; and Sikongo Police Post, 1 Victim.
Pre-trial Detention
The Commission recorded a high number of pre-trial detainees in the detention facilities visited.
Many suspects and remandees were kept in detention amidst delays in getting witnesses,
preparation of dockets and communication with the office of the Director of Public Prosecution.
Furthermore, many remandees were made to remain in detention for prolonged periods awaiting
committal and cause listing to the High Court for trial or sentencing. For example, when the
Commission visited Mongu State Prison on 20th August 2014, it found two juveniles aged 15 and
17 years respectively, who had been despite being committed to the High Court for trial on 14th
February 2012 and 12th January 2012 respectively were still waiting to be cause-listed. In this
regard, these juveniles had not appeared in Court for 1 year 6 months and 1 year 7 months
respectively. It should be noted that since murder is not a bailable offence, these juveniles were
kept in detention during this undue delay and consequently dropped out of school.
This was a clear violation of Article 18 of the Constitution which guarantees the right of an accused
person to be tried within a reasonable time. The Human Rights Committee in its General Comment
No. 13 emphasised that the right to be tried within a reasonable time relates not only to the time a
trial should commence, but also the time by which it should end and judgment entered. All stages
must take place without delay.
Treatment of Vulnerable persons in Detention

Zambian Prisons were primarily designed for male inmate when assessed against the available
cells, facilities for healthcare, food preparation, work and training. The Commission observed
that specific needs of certain vulnerable groups are not properly taken into account in the prison
environment, particularly women, juveniles and circumstantial children. The prison environment
does not provide women with basic necessities such as appropriate accommodation, sanitary
napkins, soap or additional nutrition for pregnant and breastfeeding prisoners. There also
exists gender inequality in accessing educational programmes or benefiting from enjoying the
limited recreational activities provided in prisons. Despite the law recognizing the existence of
circumstantial children and allowing these children to live with their mothers in prisons, the
prisons do not have any special provisions such as separate accommodation for mothers and
children or additional nutritional diet to cater for their needs. Women detained at police stations
and posts without holding cells were found in most cases either kept at the enquiries office or in
the corridor leading to the male cells. In some instances, female suspects were released on police
bond or transported to the district prison.
Treatment of persons with disabilities

The inspection revealed that prisons were not designed to accommodate the different disabilities
such as physical disabilities and the blind. Prison infrastructure was not adapted to accommodate
different disabilities and address the challenges faced by inmates with disabilities as they lacked
basic requirements such as provision of ramp accesses and officers trained in handling different
disabilities. The Commission is concerned that the lack of attention to these basic needs poses a
challenge to inmates with disabilities.
Access to legal representation or assistance

Interviews with inmates revealed that juveniles had limited and, at times, no access to legal
representation more often than adult offenders.
Circumstantial Children
In the prisons, facilities to ensure the health and development of a child are lacking or inadequate.
None of the prisons visited had special provisions for protection of circumstantial children. The
Prison Service did not have special diets for children who go in prison with their mothers at the time
of the visits. Inmate mothers shared their food rations with their children and clothing, bathing
or washing soaps were not provided for these children contrary to the provisions of the Prisons
Act which states under section 134 (1) that “the infant child of a woman prisoner may be received
into the prison with its mother and may be supplied with clothing and necessaries at the public
expense. However, church organisations and some Non-Governmental Organisations (NGOs) made
donations to supplement prison diet for mothers and their children and made available clothes
and detergents.
Positive Developments
The Commission noted that there were a number of developments regarding construction of new
prison infrastructure in some parts of the country. These include the new Kalabo Prison, Luwingu
Prison, Mbala Prison and a new cell for female inmates at Chipata Prison. While the Commission
welcomes the government’s efforts in developing the prison infrastructure, the few that have been
constructed or upgraded are still not adequate for the existing inmate population, but will certainly
help to reduce congestion in detention centers. Further, the Commission was disappointed that
the design of the new infrastructure overlooked important provisions and facilities to cater for the
needs of inmates with disabilities. It is the hope of the Commission that these oversights in this
regard would be rectified before the facilities are commissioned.
Recommendations
Against this background, the Human Rights Commission Pursuant to the powers vested in it by
Section 13 of the Act make the following recommendations:
1.1 Construction of modern infrastructure be made a priority for the government to reduce
congestion in places of detention and address challenges regarding separation of various
categories of inmates and the needs of inmates with disabilities.
1.2 A policy decision be made to ban the use of torture and other inhuman or degrading
methods or techniques in investigations and interrogation by law enforcement officers
and to make torture an offence punishable by law.
1.3 The Zambia prisons Service should undertake the establishment of health facilities at all
prisons to make health services available and accessible to all inmates.
1.4 The Zambia Police Service must devise a mechanism of dealing promptly with
investigations and any matters relating to persons in their custody to avoid congestion
in the police cells. The Commission, in this regard, recommends that that dockets be
quickly transmitted to the Director of Public Prosecution for quick action.
1.5 The Prison Service must develop gender responsive penal reforms aimed at improving
planning and delivery of services in prisons in a manner that is responsive to the different
needs of men, women and children.
1.6 The Government should increase support to the Zambia Prisons Service in order to
improve prison facilities and conditions in tandem with the UN Minimum Standard
Rules.
1.7 Government should urgently engage stakeholders, corporate institutions and donors
supporting children’s projects to fund building of separate holding cells for children in
prisons and police stations.
1.8 Government should build at least one reformatory school in the two provinces to enable
easy and quick transportation of juveniles to reformatory schools. The Commission
found that most of the prisons do not have transport and as such have to rely on well-
wishers and other Government institutions for transport.
1.9 Government makes renovations to existing infrastructure, as a short term measure, to

improve existing facilities so as to cater for the needs of inmates with disabilities.
1.10 The Social Welfare Department should undertake regular visits to places of detention
in order to protect the rights of juvenile offenders.
STRUCTURE OF REPORT
The Report is divided into five chapters:
• Chapter 1: Chapter Introduction This chapter outlines the legal framework.
• Chapter 2: Prisons. This chapter outlines the findings of the Commission with regard to
prisons in Northern, Muchinga, Western and Eastern Provinces
• Chapter 3: Police Stations and Police Posts. This chapter outlines the findings of the
Commission on the state of police stations and posts in Northern, Muchinga, Western
and Eastern Provinces
• Chapter 4: Torture. This chapter outlines the findings of the Commission with regard to
incidents of torture in places of detention in Northern, Muchinga, Western and Eastern
Provinces.
• Chapter 5: Recommendation. This chapter outlines the recommendations of the Commission
based on its findings on conditions in prisons and police detention facilities in Northern,
Muchinga, Western and Eastern Provinces.
CHAPTER 1
INTRODUCTION
The Human Rights Commission was created to protect and promote the rights of all persons in
Zambia through investigation of allegations of human rights violations and any mal administration
of justice; proposing of effective measures to prevent human rights abuse; visitation of prisons and
other places of detention and related facilities with a view to assessing conditions of the persons
held in such places in order to make recommendations to redress existing problems and through
the carrying out of a continuing programme of research, education, information and facilitation of
the rehabilitation of victims of human rights abuses.
In an effort to achieve its mandate and also in fulfilment of its 2nd Strategic Objective ‘to positively
influence and monitor development and observance of key national and international human rights
standards by all stakeholders, the Commission conducts yearly inspections of police and prison
cells in Zambia in order to ascertain the conditions to which persons in detention are subjected.
LEGAL FRAMEWORK
The Human Rights Commission Act1 provides the legal basis for the Human Rights Commission
(HRC) to carry out its mandate of protection and promotion of human rights in Zambia including
the inspection of places of detention facilities with the view to assessing the conditions in which
those deprived of liberty are kept. As a member of the family of National Human Rights Institutions
(NHRIs), the HRC has adopted a number of international, regional and national legal instruments
for the protection of persons held in detention facilities. These act as the standards against which
the HRC measures Zambia’s treatment of detained persons.
International Legal Framework
At the international level, Zambia is a state party to a number of international instruments that
not only provide for the treatment and care of detainees but also those that advance and promote
the rights of persons in detention. The International Covenant on Civil and Political Rights
(ICCPR)2, the United Nations Convention Against Torture and Other Cruel, Inhuman Degrading
Treatment or Punishment (CAT)3, the United Nations Convention on the Rights of the Child (CRC)4,
all provide for and guarantee treatment of detainees with humanity and respect for their inherent
dignity as human beings; and their freedom from torture and other cruel, inhuman or degrading
treatment or punishment amongst other things. Children who have come into conflict with the
law, described as juvenile offenders, enjoy special protection measures in their interaction with the
justice systems. The Convention on the Elimination of All Forms Discrimination Against Women
(CEDAW)5 and the Convention of the Rights of People with Disabilities (CRPD)6 also guarantee
1 No. 39 of 1996, Chapter 48 of the Laws of Zambia
2 Article 7
3 Article 4, 10 and 13 of cat
4 Article 20 and article 37 of UNCRC
5 Articles 14-15 of The Convention on the Rights of Person With Disabilities
6
women and Persons with Disabilities (PWDs) in detention protection and treatment in accordance
with their vulnerabilities.
The CRPD for instance is guided by the principles of reasonable accommodation. Zambia is also
guided by other international instruments such as the United Nations Standard Minimum Rules
on Treatment of Prisoners, The UN Standard Minimum Rules on the administration of juvenile
justice, and the Declaration on the Elimination of Violence Against Women which inform on how
such vulnerable groups must be treated.
Regional Legal Framework
At the African regional level, the African Charter on Human and Peoples’ Rights (ACHPR) guarantees
the rights of detainees in more or less the same manner as the international instruments7. The
African system also imposes obligations on States to extend special protection to women and
children in places of detention consistent with the Protocols to the African Charter on Human and
Peoples’ Rights on the Rights of Women, and the African Charter on the Rights and Welfare of the
Child respectively. Equally important are The Robben Island Guidelines8 which provide for the
prohibition and prevention of torture, cruel, inhuman or degrading treatment in Africa.
National Legislation
At the national level, the Zambian Constitution in Part III (The Bill of Rights) guarantees to all,
respect for human dignity, protection from inhuman treatment9 including the treatment of accused
persons. The Constitution also provides for the protection of persons deprived of their personal
liberty and circumstances under which one’s personal liberty may be suspended10. In addition
to the Constitution, human rights guarantees for detainees are found in other laws such as the
Police Act11, Prisons Act12, Criminal Procedure Code13 and the Juveniles Act14among others. These
laws guarantee the rights of detainees as well as provide for the management, treatment and care
of inmates in places of detention.
The Role of the Prisons

The Prisons Service is established by article 106 of the Republican Constitution. Provisions for the
organs and structures of the Zambia Prison Service, the recruitment of staff as well as matters
pertaining to the prisons are found in the Prisons Act15. The Prisons Service receives and keeps all
persons deprived of liberty either for serving a term of imprisonment or remanded pending trial
in the courts of law. As such this is main target for the HRC in terms of dealing with and safe
guarding the rights of persons in detention.
The Role of the Police Service
Article 103 of the Constitution of Zambia provides for a Police Force. Article 104 defines its functions
as: to protect property, preserve law and order and detect and prevent crime and cooperate with
the civilian authority and other security organs established under the constitution and with the
7 African Charter on Human and Peoples’ Rights
8 Robben Island Guidelines
9 Article ...of the Zambian Constitution
10 Zambia’s Constitution 1996
11 Chapter 103 of the laws of Zambia
��
Chapter 97 of the laws of Zambia
��
Chapter 88 of the laws of Zambia
14 Chapter 53 of the Laws of Zambia
��
Cap 97 of the Laws of Zambia
population generally. In line with article 18 of the constitution (the 1991constititon as amended in
1996), the general public relates the mandate of the police to the need to protect the interests of
society by arresting those who break the law and taking them before the courts of law for them to
be processed for criminal culpability or not and for the appropriate punishment to be given where
found guilty.
Police presence is spread across the country through Police stations and posts and through the
neighbourhood watch. The older police stations were created during the colonial era under the
British rule which ended in 1964. With the country celebrating 50 years of independence in 2014,
the Zambian population has grown, which is accompanied by the attendant social economic
challenges. Thus crime rates have increased, which increasingly exert pressure on the existing
detention facilities.
In its function of detecting crime, the police service has a mandate to detain certain individuals
in police custody before they are taken to the courts of law. The time within which a person is
brought before the courts of law has an effect on human rights of individuals. As a finding of guilty
is not always guaranteed, it is imperative that the process of arrest and detention of suspects be
handled in a way that does not violate their human rights. As a result, the HRC as a watch dog
institution is mandated to inspect such places of detention with a view of ensuring that persons
in detention are treated with dignity and kept in conditions that are humane with minimum
violations of their rights.
During the year under review the HRC monitored prisons and police stations in Northern, Luapula,
Western and Eastern Provinces. This report gives highlights of the findings from the prison and
police stations and posts inspections.
METHODOLOGY
The HRC has developed a prison monitoring tool which is the main tool used in collecting
information. The tool was developed in line with the provisions of the United Nations Standard
Minimum Rules on Treatment of Prisoners.
In assessing the conditions in places of detention, the HRC examines such aspects as the
infrastructure in terms of the cells, toilets, kitchen, conditions of the cells in terms of space,
sanitation (use of plastic buckets for toilets), separation of the different categories of inmates, food
and its preparation, health of the inmates, beddings, clothing, prolonged pre-trial detention, and
recreation for inmates. The monitoring also included an examination of the conditions under which
police and prison officers operate notably transport, communication equipment, staff housing,
manpower numbers etc.
The said tool has been used to fulfill the HRC’s research function and to inform and educate various
sections of Zambia on the current human rights issues in prisons and police cells. The objective
is to not only obtain firsthand information on the needs of prisoners and arrested persons and the
challenges encountered while in detention as well as officers and the challenges encountered in
executing their mandate; but to also provide an advocacy tool for the HRC to use in the engagement
of the Executive wing of Government for the improvement of areas of need.
CHAPTER 2
CONDITIONS OF DETENTION IN PLACES OF PRISONS
2.1 Introduction
Under both Zambian national law and international human rights law, prisoners retain their
human rights and fundamental freedoms, except for such restrictions on their rights necessitated
by the incarceration. These rights include the right to humane treatment and respect for their
inherent dignity as human beings. Being treated humanely requires that prisoners are kept under
humane conditions of detention which do not aggravate the suffering inherent in imprisonment.
The visits to the prisons in Northern, Muchinga, Eastern and Western Provinces generally revealed
that prisoners in the visited prisons were detained under poor conditions which were below the
required national and international minimum standards of detention.
2.2 Findings
2.2.1. Overcrowding
The prisons were overcrowded with the worst being Chipata Central Prison which had 758 prisoners
against an official holding capacity of 250 followed by Mongu Central Prison which had 570
prisoners against an official capacity of 180, Milima State Prison which had 513 prisoners against
an official capacity of 200, Mpika State Prison which had 232 prisoners against an official capacity
of 90, Isoka State Prison which had 192 prisoners against an official capacity of 90, Senanga State
Prison which had 130 prisoners against an official capacity of 50, Kaoma State Prison which had
114 prisoners against an official capacity of 40, Chinsali State Prison which had 108 prisoners
against official capacity of 40 and Mbala State Prison which had 103 prisoners against an official
capacity of 40.
Mongu Central Prison had 6 cells each built to only hold 30 inmates. The congested inmate
population of 570 meant that each cell had 95 inmates instead of the recommended 30.
The high congestion levels exacerbated other problems such as poor health, poor sanitation,
inadequate food and poor ventilation. Inmates complained of being unable to sleep properly as
the inadequate space made it difficult to lie down. Some inmates were forced to sit through the
night or took turns lying down. One of the consequences of overcrowding is that inmates detained
in overcrowded facilities are subjected to inhuman and degrading treatment. For instance, in the
decided case of Kalashnikov v Russia18 the European Court of Human Rights ruled that severe
overcrowding in prisons over a prolonged period of time amounted to other forms of ill treatment.
The overcrowding also led to the prison bedding not being adequate for the high prison population.
In addition, the inmates complained of being exposed to infectious diseases such as Tuberculosis
as the sick and healthy were mixed with poor ventilation. This is contrary to the minimum
international standards which require that prisoners be provided with separate bedding in cells
which have adequate ventilation. Rule 9 of the Standard Minimum Rules for Treatment of Prisoners
(SMR) stipulates that each prisoner should sleep in his/her own cell and that all accommodation
18
Application 47095, European Court of Human Rights, Strasbourg 15 July 2002.
should meet the requirements of health, climatic conditions, cubic content of air, minimum floor
space, lighting, heating and ventilation.
In addition to the many negative consequences Detaining prisoners in congested

The major problem in most of the prisons visited is overcrowding. Overcrowded prisons are
more likely to lead to other serious problems relating to ventilation and sanitation. Congestion
therefore, is a form of Cruel, inhuman and degrading treatment. The European Court of Human
Rights ruled in Kalashnikov v Russia19 that severe overcrowding in prisons over a prolonged
period of time may amount to other forms of ill treatment.
2.2.2. Separation of categories

The separation of the different categories of prisoners is emphasized in both national and
international law. Rule 162 of the Prison Rules Chapter 58 provides that no civil or unconvicted
prisoner shall be confined in association with convicted prisoners. With regards juveniles, Section
60 of the Prisons Act requires young prisoners to be kept apart from adults and other classes
of prisoners. The Prisons Act defines a young prisoner as a prisoner under the apparent age of
20 years. Article 37 (c) of the Convention on the Rights of the Child also emphasizes the need to
separate juveniles from adult prisoners.
However the inspection revealed that apart from separation of male and female prisoners, all
categories of prisoners were accommodated together in the prisons inspected by the Commission.
Even juveniles were not separated from adults in the majority of the prisons. For instance out
of the 16 State prisons visited, only 3 prisons had a separate section for juveniles. In Western
Province, only Mongu State Prison and Kaoma State Prisons had cells for juveniles. These cells
were merely improvised with the juvenile section at Mongu State Prison being the former penal
block. In Northern Province, only Milima State Prison had a separate holding cell for juveniles. In
the remaining prisons, juveniles were mixed with the adults.
There were also no special facilities for the sick or persons suspected of being mentally disabled
and these were also accommodated together with the other categories. Section 60(2) of the Prisons
Act classifies persons of unsound mind on their own and requires that these also be kept apart
from other classes as far as the prison accommodation renders it practicable.
2.2.3. Prison Accommodation

During the inspection, the Commission found that the accommodation facilities were old and
inadequate for the populations they were holding. Nearly all the prisons in Zambia were built
during the colonial days mainly for a smaller inmate population. For instance Chipata State
Prison was built for a population of 250 prisoners only whilst Mongu State Prison was built for a
population of 150 prisoners only. However at the time of the visits, Chipata State Prison had 758
prisoners whilst Mongu State Prison had 570 prisoners.
In addition the prisons were mainly meant for male prisoners and as such the majority of prisons
visited had improvised cells for the women. Every prison visited had at least 1 cell for male inmates.
Prisons located in the Provincial centers were all found to have more than 2 cells for male inmates.
For instance Chipata State Prison had 9 cells, Milima State Prison had 8 cells and Mongu State
Prison had 6 cells. The Commission was informed that all cells in the prisons inspected were
fumigated once a year for lice and other crawling insects.
The accommodation structures were found old and in need of renovations. The Commission
was pleased to find the juvenile section at Chipata State Prison being renovated. Unfortunately,
a negative result of the renovations was that the juveniles were mixed with the adults. It was
therefore important that the Prison Service ensures that the renovations are quickly finished. The
Commission noted that this was the only separate juvenile section among the prisons in Eastern
Province and it needed to become operational again.
The worst dilapidated structures were found at the old Luwingu State Prison which despite being
condemned and closed some years ago, it was still operational as the new prison was not yet
complete. The prison had 36 male inmates on the day of the visit. The lives of these inmates were
at risk as most of the remaining building infrastructure was badly dilapidated and could collapse
at any time. The inmates were accommodated in one big cell which was in a deplorable state with
poor sanitation. The wish of the inmates was to move to the newly constructed prison for the
remainder of their sentences
Part of the condemned Luwingu State Prison.
Inmates parade in front of the remaining part of the closed prison
Cell at Lubambale Open Air Prison
Cells at Katuba Open Air Prison in Lundazi District
On a positive note, the Commission found that there were a number of developments regarding
construction of new prison infrastructure in the three provinces which were visited. These
included the new Kalabo Prison, Luwingu Prison, Mbala Prison and a new cell for female inmates
at Chipata Prison. The Commission appreciated the government’s efforts in developing the prison
infrastructure and noted that the new infrastructure, though still inadequate for the existing large
prison population would certainly help to reduce congestion in prisons.
However the Commission was disappointed that the design of the new infrastructure overlooked
important provisions and facilities to cater for the needs of inmates with disabilities. It is the hope
of the Commission that these oversights in this regards would be rectified before the facilities are
commissioned.
New female cell under construction at Chipata State Prison
At the time of the Commission’s visit to Luwingu prison, it found that 3 male cells, 1 female cell,
2 outdoor ablution blocks, the kitchen and dining hall had been constructed. The new cells had
adequate toilets, shower rooms and had also been fitted with geysers for warm water.
New Luwingu Prison
Gyser fitted for one of the cells
It was worth noting that the new prison had a modern kitchen with electric pots. At the old
prison, inmates cooked food using firewood in a makeshift kitchen. When interviewed, the inmates
complained that despite the prison having enough rations to last a month, the inmates were fed
breakfast and a double share of lunch and dinner at lunchtime. This was mainly because they
were unable to prepare dinner and lunch separately due to the poor supply of firewood. The
modern kitchen would therefore enable the inmates prepare lunch and dinner separately.
Four electric pots in the kitchen
The Commission was informed that the Prison Service needed to sink a borehole at the prison before
it could be commissioned for inmate occupation. The prison was to have a staff establishment of
59 officers and in order to provide the officers with accommodation, the Prison Service had been
allocated a plot on which it intended to construct 59 staff houses.
When the Commission visited Mbala State Prison on 22nd August 2013, it found the Prison with
103 prisoners against an official capacity of only 40 prisoners. The Prison had 9 cells built to only
accommodate 2 prisoners in each cell. With the high congestion level, each of the cells instead
accommodated 12 prisoners instead of only 2 prisoners.
Current cells at Mbala prison
The Commission was pleased to find that 2 new dormitories had been built at the prison.
New dormitories at Mbala State Prison
In Western Province, the Commission found a new prison with an estimated holding capacity of
350 prisoners being built in Kalabo. This new prison would replace the current Kalabo State Prison
which was built to only accommodate 60 prisoners. When the Commission visited Kalabo State
Prison on 16th August 2013, the Prison was congested with 88 prisoners. The Commission was
informed that once construction of the new prison was completed and the new prison commissioned
all the inmates at the current Kalabo Prison would be moved to the new prison.
Whilst being pleased that a new prison with a larger holding capacity was being built, the Commission
observed, with disappointment that the new prison did not have facilities for physically challenged
persons.
2.2.4. Food and Nutrition

The Commission found that the quality and quantity of food provided to the prisoners was not
in strict compliance with the prescribed diet scales provided in the First Schedule of the Prisons
Rules. 17(2) of the Prison Rules requires the Officer in Charge to ensure that the rations supplied
to the prisoners are of good quality and that every prisoner receives the rations to which he is
entitled in accordance with the First Schedule and subject to Rule 44, no deviation from the
authorized scale of rations shall be permitted unless the medical officer or the Commissioner has
given written authority to do so. Rule 65(2) also dictates that the rations issued to the prisoners
should be strictly in accordance with the prescribed scale of diets.
The prisoners were mostly given 3 meals a day. The standard meals for the Prisons visited consisted
of breakfast, which was either rice or maize samp served with no sugar. Lunch was normally
combined with super, consisting of nshima with either beans or dried kapenta popularly called
‘danga’ usually of poor quality and had sand in it. The lunch and super were combined into one
meal because it eased the cooking. It was explained that lunch and supper was combined because
the inmates were unable to prepare the meals separately due to the poor supply of fire wood.
The kitchen at Petauke State Prison with inmates preparing food outside
Food prepared outside at Nyimba farm Prison
Munsanzala Open Air Farm makeshift kitchen
Even in instances where the prisons had electric pots, it was found that they were not in use
because they had broken down resulting in prisoners using fire wood to prepare their meals. The
eating utensils included a plate for each inmate, but sharing cups that were not enough.
Commissioner Chisenga examines the electric pots
Despite the fact that farm prisons grew vegetables, inmates were rarely fed vegetables as most of
the vegetables grown by the prisoners was sold to generate income. The lack of nutritional diversity
as required by the prescribed scale of diets was slowly causing serious health conditions. Inmates
at Mporokoso State Prison reported that they were fed beans on a daily basis. When questioned,
the Prison authorities confirmed that this was true and that the prison was still waiting to be
supplied with other types of food by the Prison Service.
Inmates complained to the Commission that there was starvation in the prisons as the meal
portions were very little. It was worse on the prison farms where inmates worked for long hours in
the fields but were fed the little meal portions. The Prison authorities informed the Commission
that they had to give the inmates grammas of nshima and relish prescribed in the Prison Act.
This was despite the fact that the Prison Act prescribes a dietary scale that includes meat or
fish, maize meal, fresh fruits in season, fresh vegetables, salt and cocoa. When it is found that
the authorities cannot feed the inmates the prescribed meals, the Prison Service should have
increased the portions of nshima and the relish served to the inmates.
In addition to being inadequate in quantity, inmates complained of being fed poorly prepared
food and in some instances rotten food which was not suitable for human consumption. The
Commission was informed that in addition of the food being cooked plainly without any oil or salt,
the kapenta was sometimes in a non consumable state.
Deprivation of food is a harsh condition of detention which constitutes inhuman treatment. Rule
20 of the Minimum Standards for the Treatment of Prisoners require that prisoners be supplied
with food of nutritional value adequate for health and strength, of wholesome quality and well
prepared and served.
2.2.5 The Right to Health- Access to medical care
Section 16 of the Prisons (Amendment Act) No. 16 of 2004 establishes a Prison Health Service whose
purpose is to provide and administer health care within the service. This provision empowers the
Minister to appoint any medical practitioner as a medical officer to attend to prisoners. If no such
appointment is made, the Director of Medical Services can nominate any medical officer working
for a government facility as the medical officer for a prison. The medical officer is required, where
practicable, to visit the prison daily or at the request of the prison OIC. The medical officer is
primarily responsible for the general health care of the prisoners. Section 71 of the Prisons Act
also provides that at least one medical officer should be appointed at each prison, and that sick
inmates who require special attention should be treated. The prisoners must be examined by a
medical officer and whenever it is necessary there must be segregation of prisoners suspected of
having infectious or contagious conditions.
Section 18 of the Prisons Act, Chapter 97 of the Laws of Zambia also provides for the examination
of every prisoner on admission to and before discharge from a prison for purposes of ascertaining
the detainee’s health. Rule 24 of the Prison rules provides for every prison to have a properly
secured prison clinic.
Article 12 of the International Covenant on Economic, Social and Cultural Rights obligates States
Parties to recognize the right of everyone to enjoy the highest attainable standard of physical and
mental health.
The Article 16 of the ICESCR guarantees the right to health for all people, regardless of status.
The inspection revealed that only a few prisons had clinics or sick bays to provide healthcare
to inmates; some had drug kits for emergencies that were not well-stocked or lacked the basic
medicines; and the rest relied on government health institutions for medical services. The
Commission observed that taking inmates to a hospital was difficult task for the prison staff as
most of the prisons did not have adequate o any transport. In places such as open air prisons, the
nearest clinic was situated at least 4km away from the prison. It certainly posed a challenge to get
medical care in an emergency situation in the absence of a motor vehicle. Sick inmates had to be
lifted to the clinic by fellow prisoners. While all new admissions at each prison was supposed to be
subjected to a health status examination to screen for communicable and reportable diseases, it
was rarely done due to lack of medical personnel and facilities at the prisons.
The lack of health services provision is a violation of inmates’ right to health and in contravention
to Section 16 of the Prisons (Amendment Act) No. 16 of 2004 which requires that such services
should be made readily available.
A sick prisoner being assisted by his collegues
Those with Tuberculosis (TB) infections were recommended for further medical examination
and treatment. Prisoners qualifying for Anti Retro Virual Treatment (ART) and TB had access to
treatment. Those on ARV were closely monitored by maintaining a register to ensure their continuity
on the drug. However, there access to medical treatment and care was generally a challenge. The
lack of special diet for inmates on ART or those with a terminal illness made recovery very difficult.
No special diet for sick inmates
At Mporokoso prison there was no clinic within the prison. However the Prison being close to
Mporokoso District Hospital means that inmates are able to easily access medical attention.
Mpika State Prison did not have a clinic within the prison but the Regional Command had an
understanding with the health authorities who send medical officers to the Prison every Friday to
attend to inmates. In addition, the Officer in Charge was a qualified health Officer who in some
cases helped treat the inmates. Further, one officer had been designated as focal point person for
the purposes of coordinating treatment for persons living with HIV in prison.
The most common infections found amongst inmates during the visits included skin diseases,
respiratory tract infections and diarrhea diseases. The Officer in Charge of Chinsali State Prison,
the Commission that there were a number of inmates who had been taken to the hospital for
malaria treatment. The high number of malaria cases s was attributed to the non-availability of
mosquito nets. However the prison was fumigated twice a year.
At the time of the Commission’s visit to Chinsali prison, there were twenty-five (25) inmates on
ART and one (1) on TB treatment. The Commission learnt that there were no emergency evacuation
procedures in the event of an inmate falling seriously ill in the night. Chinsali State Prison had
recorded two (2) deaths in the past one year - One inmate collapsed and died instantly while the
other one had chronic TB
This clinic at Petauke Prison is also shared with the community living near the prison
At Chipata prison the women’s section is supervised by female officers and in the event that
an inmate requires pre-natal and post-natal care, the clinic at the prison provides the facilities
accordingly.
2.2.6 Water and Sanitation
The Standard Minimum Rules on the Treatment of Prisoners provides that the sanitary facilities
shall be adequate to enable every prisoner to comply with the needs of nature when necessary
and in a clean and decent manner 202 and further that adequate bathing and shower installations
shall be provided so that every prisoner may be enabled and required to have a bath or shower,
as frequently as necessary for general hygiene according to season and geographical regi3on41.
Prisoners are also required to keep their persons clean, and to this end they must be provided with
water and with such toiletries as are necessary for health and cleanliness.
Sanitation in the prisons was found to be generally very poor. In the majority of the prisons,
water supply was poor and there was no running water in the cells. It was further observed that
the toilets were insufficient in number and unsanitary. For instance at Chipata State Prison, the
Commission found that there was only one (1) indoor toilet for 78 inmates for use inside the cell
and particularly at night. There was also one outdoor ablution block with bath area and toilets
which inmates used during the day before lock up.
This was the same at Katete State Prison where 91 inmates shared 1 toilet in their cell. As there
was no running water in the cell, the toilet was flushed down using water stored in a drum. On the
day of the visit, the toilet was unsanitary.
Indoor toilet in one of the cells at Katete State Prison
At Petauke State Prison, 166 inmates were found sharing one (1) indoor toilet. There was an
outdoor ablution block with two toilets and a bath area. The toilets were in a terrible condition with
the toilet pans broken and corroded.
20 Rule 12 of SMR
21 Rule 13 of SMR

Outside ablution with corroded toilets pans in a terrible condition
A blocked toilet at Nyimba Prison Farm
In terms of water supply, most prisons depend on water utility companies. This supply was erratic
due to rationing by the utility companies. Some of the prisons had boreholes and hand pumps
to supplement the supply from utility companies. This was the case at Mbala State Prison. There
were conflicting reports that Mbala Prison was condemned and closed sometime back and yet the
Commission found the prison was open and home to 103 serving inmates. The 9 separate cell
units measuring 4 x 4m accommodated an average of 10 prisoners instead of the prescribed 2 to
3 inmates. There were no toilets and water taps in those cell units. The inmates therefore used
plastic containers for storing drinking water as well as for answering the call of nature at night.
2.2.7. Beddings and mattresses
The Standard Minimum Rules demand that prisoners must at all times be provided with adequate
beddings. At the time of the inspection, the prisons did not have enough beddings and mattresses
for all the inmates.
The inspection revealed that generally, the prisons did not an adequate number of blankets and
mattresses. For instance Chinsali State Prison was until recently, poorly stocked with blankets
and mattresses. Inmates were made to share while most of them slept on the cold floor. The
Commission found that Kaoma State Prison did not have adequate blankets and mattresses.
The male inmates were made to share beddings. The Commission was informed that the Prison
had received 170 blankets which were not adequate to cater for all inmates. However, the female
section had adequate mattresses and blankets.
Lice infested blankets are kept in the sun to kill off some of it
The problem of lack of mattresses was particularly acute at Chinsali prison where there were very
few worn out mattresses as shown in the picture below.
Inmates display some pieces of mattress on which they sleep

The pieces of mattresses are left outside in the sun to kill vectors such as
bed bugs and lice
The situation obtaining in most prisons was in fact a direct affront to Rule number 19 of the
UNSMR which requires that every prisoner shall, in accordance with local or national standards,
be provided with a separate bed, and with separate and sufficient bedding which shall be clean
when issued, kept in good order and changed often enough to ensure its cleanliness.
2.2.8. Clothing- Uniforms for Inmates:

While the International Standard Minimum for the Treatment of Prisoners demand that inmates
are provided adequate clothing which also takes into account the weather, prisoners throughout
the country did not have adequate provision of uniforms. Rule 17 (1) provides that every prisoner
who is not allowed to wear his own clothing shall be provided with an outfit of clothing suitable
for the climate and adequate to keep him in good health. Such clothing shall in no manner be
degrading or humiliating.
The Commission found that most inmates had inadequate clothing. Those who had uniforms did
not have complete sets of uniform (a pair of trousers and a shirt). One either had a pair of torn
trousers or a shirt only.
At Luwingu State Prison for example, not all inmates had uniforms. The prison received only
33 uniforms for inmates instead of 36 or more. All the convicts at Kaoma State Prison were
dressed in prison uniforms. The Commission was informed that in 2012 the prison had received
a consignment of 240 uniforms but with the increased number of convicts the uniforms were
running out.
Munsanzala open air prison
An inmate with partial uniform

The UN Standard Minimum Rules on the Care and Custody of Prisoners state that un convicted
prisoners should not be compelled to wear uniforms but allowed to wear their own clothes. All
prisons inspected conformed to the standard.
2.2.9. Contact with the Outside World
Rule number 37 of the standards provides that prisoners shall be allowed under necessary
supervision to communicate with their family and reputable friends at regular intervals, both by
correspondence and by receiving visits. Similarly, Rule 128 of the Zambia Prison Rules provides
that:
‘All prisoners shall be entitled to send and receive letters and to receive visits as provided in these
Rules, subject to such restrictions as may be necessary for the maintenance of discipline and order
in prisons and the prevention of crime’.
The Commission noted that in most prisons there was a schedule, whether fixed on the wall
or not, indicating the days and time of visitation. Remand prisoners were visited from Monday
to Saturday while convicts received visitors on Sundays. Officers however did allow visitations
outside of the stipulated days depending on circumstances. While inmates were allowed to send
and receive letters, these were censored as provided by section 79 (1) of the Zambia Prisons Act.
The Commission noted that while screening mail was essential, there was a possibility of abuse.
For example the Commission noted that a letter of complaint from an inmate directed to the
Human Rights Commission would unlikely be allowed to leave the premises if the complaint was
against an officer.
Visitors’ shelter at Mongu Prison
The Commission discovered that the prisons did not have proper Visitor’s shelter (including the
lack of privacy) to facilitate interaction between inmates and their relatives and friends. There was
also no room for privacy. Everyone discussed in full view of others. A structure like the one above
was used as a visitor’s shelter at Mongu.
2.2.10. Rehabilitation and Skills Training
The role of the prison service is one of rehabilitating inmates rather than one of punishment
of the offender. A core facet of the penal system is that it should allow inmates to reform so
as to be productive members of the public on release. Most of the prisons visited lacked the
necessary facilities to enable them provide skills training programmes. Mporokoso State Prison for
example had no facilities to provide various skills and profession for the inmates. There were no
workshops for carpentry and other skills training programmes that would enable inmates acquire
the necessary skills for use after release. Mpika State Prison for instance indicated that they were
unable to provide any skills training programme due to lack of infrastructure and equipment for
skills training.
However, the Commission found that Mongu State Prison provides skills training to inmates in
tailoring, and carpentry. The prison also has various agricultural projects allowing inmates to gain
skills in farming. The inmates cultivate crops such as green vegetables, tomatoes and okra. The
prison also had a piggery and poultry farm.
2.2.11. Right to Education
Every individual has the right to education as provided for in the International Covenant on
Economic Social Cultural Rights (ICESCR), especially in the case of juveniles – regardless of the
fact that they might have committed the offence for which they are detained. Article 13, states that
education shall be directed to the full development of the human personality and the sense of its
dignity, and shall strengthen the respect for human rights and fundamental freedoms.
Rule 40 of the standards provides that every institution shall have a library for the use of all categories
of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall
be encouraged to make full use of it.
Most of the prisons visited had a deliberate programme of providing literacy education. In particular,
the prisons ran classes for inmates. The Ministry of Education in most instances provided atleast
one trained teacher.
For instance, Kaoma State Prison had a classroom facility which provided primary and secondary
school level education to inmates. On the day of the Commission’s visit, there were 5 inmates
attending classes in different grades. However regarding library facilities, most prisons did not
house a library. It was observed that the few prisons where there was room for a library, there was
no furniture and no books.
The exception was Mongu State Prison which has a classroom facility which provides primary and
secondary school education to inmates with a library located in the kitchen block which is stocked
with some reading materials.
Class room at Mongu State Prison
Library at Mongu State Prison
2.2.12. Recreation
Rule 21 of the UNSMR stipulates that every prisoner, who is not employed in outdoor work, shall
have at least one hour of suitable exercise in the open air - daily if the weather permits. Rule 228
of the Zambia Prisons rules states that at least one hour shall be devoted to physical training or to
organized games for inmates and such periods shall be deemed to form part of the normal working
hours.
Rule 78 of the UNSMR stipulates that recreational and cultural activities shall be provided in all
institutions for the benefit of the mental and physical health of prisoners.
The Commission found that inmates were normally allowed to be outside the cells from 08:00
hour to 16:00 hours during which time they engaged in outdoor activities. There were generally
no formal recreational activities in the prisons visited. There were however, a few prisons which
had television sets and radios to enable inmates keep abreast with current news outside the prison
walls.
The Commission found that there was limited space in the prisons to enable inmates undertake
some physical exercises to keep their bodies in shape. However a few talented inmates with good
behavior were incorporated into the prisons sponsored football teams and participated in football
matches with outside teams. For instance, even though Mpika State Prison did not have sports
facilities of any kind, every Wednesday, convicts of good behavior and in good health were taken
to the nearby football ground to play football in the ground outside of the prison, as a form of
exercise. Unfortunately the rest of the inmates did not exercise at all due to non availability of
space and facilities.
At Katete prison, some of the recreational activities included watching television, football, draft
and Nyau dancing.
Inmates performing the Gule Wamukulu dance (Nyau) at Katete prison
Generally speaking, Inmates at all the prisons visited kept themselves busy by following a planned
schedule of activities. Prisoners also had access to religious care services on a regular basis.
2.2.13. Right to Personal Property
The inspection team was informed that cash, valuables and other property belonging to the
prisoners was in the custody of the Prison authorities, and recorded in a Register indicating the
rightful owner, and property in question. The said property is returned to the owner upon release.
All property in money form was recorded in a dedicated register. Medicines brought in by an
admitted prisoner are kept by the Officer on duty.
Custody office at Lundazi prison were prisoners property was kept
However, the Commission received complaints from prisoners relating to missing property. For
instance, one prisoner complained that his K50.00 which was kept by a named officer more than
a year ago was never returned to him. Unfortunately the officer was not on duty on the day but
Officer-in-Charge assured the Commission that he would investigate the complaint.
Two inmates complained about loss of their property which was retrieved from them upon arrest.
Fewdays Chisambi alleged that the Police Officers at Luwingu had kept his pair of boots, a suit, 2
shirts, pairs of jean trousers and three other pairs of trousers. He further alleged that at the time
these things were taken away from him, he was not made to sign for them in any Register.
Mulenga Justice was arrested by Drug Enforcement Officers for possession of psychotropic
substances. He alleged that they grabbed his Nokia Camera phone which they informed him was
handed over to the Police at Luwingu who denied ever receiving the items.
2.2.14. Prison Operational Challenges
It goes without saying that for Prison authorities to effectively carryout their mandate/functions,
the working environment must be one that is conducive. From the findings above, clearly Prison
Officers work in trying conditions with overcrowded detention facilities, and risk of exposure to
contagious diseases like TB. Operational challenges include inadequate transport, communication,
staffing, accommodation and tools for work.
2.2.141. Communication
Most of the prisons visited have a Zamtel land Line. However, it was found that this Zamtel line
was in most cases not operational and serviceable. Most Officers interviewed stated that they are
forced to use their personal mobile phones to communicate when need arises. Coupled with this
is the fact that even though some prisons had a Computer or two, there did not have access to
internet facilities to ease communication challenges. Again Officers used their own initiative to
access internet facilities.
2.2.14.2. Transport
Most of the prisons complained of lack of reliable transport which hampered their operations. For
example, Mbala Prison had only one tractor to cater for their transport needs. At Mporokoso Prison
the run down Land Cruiser below has been out of service for many years without replacement
Mpika Prison has no utility vehicle and due to that situation inmates were forced to go to the
nearby forest to cut logs and carry them on their shoulders. These logs were used as firewood in
the preparation of food.
At Mongu prison, the Commission found a small Van for all operations. The Van was also used by
the Regional Commander, as he has no vehicle for official use.
2.2.15. Staff Welfare
The welfare of staff in any institution is very cardinal in the effective delivery of services. In the
prison service, there has to be adequate numbers of officers for effective performance. The staff
have to be motivated and provided with the necessary equipment and facilities to enable them do
their work with ease.
Findings
It was found that the working conditions were poor at the prisons. There was understaffing,
inadequate accommodation, and insufficient supply of uniforms. The Commission came across
noble sacrifice by some staff members in trying to get the ‘job’ done in trying situations/conditions.
Staffing
The staffing in all the prisons across the country was inadequate. In some cases a working shift
was manned by one or two officers. For instance, Mporokoso prison had a workforce of 16 Officers
against an establishment of 33. Each shift had 2 officers instead of the required 6 officers. This
shortfall in staff deployment meant that officers worked longer hours than normal and were unable
to take time off to rest. Secondly, the lack of adequate staff increased the risk of prison breaks.
Mpika prison had 27 officers against an establishment of 32. Out of the 27 officers 11 were female.
This posed a challenge in a predominantly male prison. This meant that there were few officers per
shift especially during the night shift where female officers are not involved. Each shift had four
officers and this was inadequate for purposes of manning the huge inmate population.
Isoka prison had a workforce of 23 officers against an establishment of 32 members of staff. The
prison was operating with less number of officers especially in shifts. It was operating at a staff
ratio of 1 to 9 inmates.
The situation at Mongu was the same as everywhere else, the prison had low staffing levels, which
negatively affected the prison’s operation.
At Lundazi Prison the staff to prisoner ratio during the day was approximately 1: 88 and during
night time it was approximately 1:44. The prison had 20 trained officers while the establishment
required 60 trained officers. This translates into 40 vacant positions. At Mpika prison there were 4
instead of 6 officers per shift. At Mbala prison where there were six (6) female officers and thirteen
(13) male officers, deployment was problematic since female officers cannot be deployed at the
male only prison at night, nor can they be deployed to Open Air prisons.
Staff Accommodation
The Commission found out that housing for prison staff was inadequate and this affected the
operations of the prison service. Some prisons did not have camps for staff accommodation.
At Mpika prison, there was no prison camp to accommodate officers. All officers were accommodated
in the nearby compounds. Officers complained of insecurity as they were made to stay in the same
communities where convicts come from. This was fueled by poor water supply from the utility
company.
Even for those prison officers accommodated in prison camps they live in dilapidated housing. For
example, Luwingu Prison has 8 housing units against 17 officers; Chinsali Prison has 9 houses
against 20 officers.
A typical house in the prison camp at Mporokoso
Kalabo Prison had a camp with five (5) houses against 12 officers. The houses were inadequate
to accommodate all the 12 officers as some officers were found sharing accommodation. The
Commission was however informed that government was planning to build additional housing
units for the prison officers at the site where the new prison was being constructed.
At Mongu the prison had a camp with 32 houses against 40 officers. Although the houses had
been rehabilitated, they were found wanting. Some officers were found squatting in a workshop
building within the prison. The Commission was however informed that government was planning
to build 50 additional housing units for the prison officers.
The scenario at Kaoma prison was different. The prison had a camp with enough houses to
accommodate all the officers. However, the houses were in a poor condition and were found to be
with no running water and electricity. Some houses had big visible cracks in the walls.
The Officer-In-Charge at Sesheke Prison informed the Commission that the prison had a camp
with 10 houses. The 10 houses were not enough to accommodate all the officers hence forcing
some of them to be in shared accommodation and others in privately rented houses. He further
raised concern that the housing allowance which was being paid to the officers was not enough to
enable them rent decent accommodation.
Staff Uniforms
The Team observed that like the inmates, officers had inadequate numbers of uniforms. Most of
the prisons indicated that they had last received uniforms in 2007. The Officers had therefore
resorted to purchasing their own uniforms that closely resembled the official ones.
Complaints
The Commission received several complaints during the visits. The most common complaint from
the remandees related to delay in disposing of their cases. Most cases were adjourned due to non
availability of witnesses, with remandees from distant paces being the most affected.
Inmate’s complaints-Chipata
• Gertrude Mtonga 48 jointly charged with Peter Zimba for Murder complained of delayed
justice as she had not appeared since 14th May 2013.
• Celina Banda 71 and Violet Banda 42 convicts with 7 months remaining on their sentences,
both on trafficking in psychotropic substances, complained of lack of soap at the prison.
• Phiri complained of a delayed justice having appeared only twice on 19th June and on 19th
August, 2013.
• Norton Chibwe 46 on a charge of Robbery, complained on behalf of the remandees, of
congestion in the detention facility. He cited the bail condition relating to working sureties
as a contributing factors as many could not meet this condition. He also complained of poor
sleeping arrangements with only few mattresses available.
• Norton Chibwe further complained that he was charged on 18th March 2012 and only
committed to the High Court 5 months later in October 2012. That during the same
week the prosecutions entered a Nolle prosequi but re-arrested him in December 2012,
entered another nolle in April 2013, re-arrested him in June, 2013. His case was currently
adjourned, as the DPP entered a plea of insufficient evidence, to the next session in August,
as the Director of Public Prosecution had entered a plea of insufficient evidence.
• Kabulo Kelvin 40 convicted for being in possession of counterfeit notes complained about
beatings from the prison Captains.
• Thomson Chulu complained of insufficient food and that when he wants to supplement it
with his money held on his behalf by the prison authorities, he was denied access to the
money.
• Justin Daka complained that his transfer request was taking long.
• Paul Nyarazi complained of a hand injury inflicted by the prison Captain.
• Elijah Phiri and Julius Sakala complained of injuries on his back, inflicted by the prison
Captains.
• Jonathan Tembo, charged for failing to account for goods, complained of torture by the
police authorities that had led to him losing one of his testicles.
• James Botha – obtaining money by false pretences lost his eye, allegedly injured by ZESCO
police. The matter is before the courts.
2.2.16. Inmates Complaints - Mpika
• Isaac Silungwe and Davis Chibuta were facing a charge of murder. They had been on remand
since July 2012 and had not yet been committed to the High Court for trial.
• At Mpika Prison, there were nine (9) Ethiopians sentenced on June 17, 2013 to a fine of
K 500 or six months imprisonment in default. There is no embassy in Zambia but one in
Zimbabwe. Through their representative Mohammed Amed they claimed that their relatives
were not aware of their incarceration. Others were Jemal Shamshadin, Abibekar Mohamed
Eman, Aliyi Kalifa Mohamed, Nasru Kalil Shabbo, Takatal Ashengo Gidobo, Matios Ademu
Biyaru, Keyru Shanko Larebo and Getacho Manamu Abida.
• Patrick Mulenga was allegedly found in possession of an unlicensed firearm. He was picked
up by ZAWA officers on April 7, 2013 and detained at Mano Camp. He was later taken to
the remand prison on April 14, 2013. He alledged that he was tortured by ZAWA officers.
• A convict at Mpika prison Victor Able Mutupa was serving a sentence for being in possession
of government trophy. Upon his arrest by Zawa officers he was badly beaten resulting in
permanent damage to his eye.
CHAPTER 3
CONDITIONS OF DETENTION IN POLICE STATIONS AND POSTS
The police station holding cell is seen as a temporary facility and is thus not generally given the
attention it deserves as an important part of the custodial chain. It is assumed that people are
detained in police stations for very short periods of time. However through its inspections of police
stations, the Commission has been found that some suspects are held for extended periods of
time in police cells. In districts where there is no prison, police cells are used to detain remandees
attending court sessions in that district. For example Nakonde Police Station is one of the police
stations in Zambia which is used as a remand detention facility. It is therefore important that
these facilities comply with the standards set in both local and international law for the holding
of detainees.
In keeping with international standards such as the UN Standard Minimum Rules referred to
earlier, which set out minimum conditions for imprisonment, something can be learnt from the
South African Prevention of Torture and Treatment of Persons in Custody Document in which
Paragraph 6(1)(a) states that: (a) all police cells must have adequate light and ventilation; (b) cells
should be equipped with reasonable means of rest, (c) if a person is kept overnight in custody, a
mattress and blankets of reasonable standard shall be provided; (d) a person in custody shall be
allowed to use toilet facilities and be offered adequate washing facilities; and (e) open air exercise
must be offered daily where possible.
During the inspection visits to police stations and posts in Eastern, Northern, Muchinga and
Western Provinces, the Commission made the following findings:
2.0. Conditions of the cells

Generally, the facilities had several inadequacies in relation to availability and condition. The
majority of police stations visited had no cells for women and juvenile suspects. At Mporokoso,
Isoka, Chinsali and Mpulungu Police Stations, women were found being kept at the Inquiries
desk and sleeping in corridors. Suspects at Matumbo Police Post were found handcuffed to
a rim for lack of proper facilities. In Western Province, only Mongu Police Station, Sikongo
Police Station, Kalongola Police Station, Muoyo Police Station and Lukulu Police Station had
1 cell each for women. The remaining facilities which included Kalabo Police Station, Kaoma
Police Station, Senanga Police Station, Shangombo Police Station, Katima Mulilo Police Post,
Nalwei Police Post, Mwandi Police Post and Sichili Police Post did not have any cell for women
or juveniles. Sesheke Police Station had a cell for women but unfortunately the cell was not
operational at the time of the Commission’s visit.
With regards juveniles, out of the 14 police detention facilities visited only Sikongo Police
Station and Kalongola Police Post had cells for male juveniles. In Northern and Muchinga
Provinces, out of the 15 police facilities visited, only Nambuluma Police Station had a cell
for male juveniles. Nakonde Police Station had a cell for women suspects and a cell for male
juveniles but both the female cell and male cell were not operational on the day of the visit and
as such the juvenile cell was the one being used to the holding cell for male suspects. None of
the police stations and post visited had cells for female suspects.
Generally the available cells in the police stations and posts visited by the Commission were
in deplorable state with poor ventilation, lighting and poor sanitation. For instance in Western
Province, only the cells at Kalabo Police Station and Kalongola police Station were clean and
had adequate ventilation. In fact Kalabo Police Station had the cleanest cell in the Province. The
remaining 16 police detention facilities cells were filthy with no proper ventilation or lighting. Cells
at Sikongo Police Station were the dirtiest and even had visible excretion on the floor. In Muchinga
Province, only the cells at Isoka Police Station were clean, with showers and running water.
A cell at Katopola Police Post without any ventilation
The police cells, unlike prison cells were not provided with mattressses and blankets. At chipata
police station however, the team found torn blankets in the police cell. It must be mentioned that
this was a new phenomenon for one to find blankets in police cells as in most instances, Suspects
in custody slept on the cold floor
At Isoka Police Station a grade B station had 3 Cells for Male, females and juveniles respectively.
These holding cells had a capacity of 30 suspects. It is one of the few police cells where the
Commission found a shower with running water, however ventilation for the holding facility was
very poor. On a positive note, A modern juvenile cell with all the facilities was being built with the
help from access to justice
Mongu police station had only two cells for males and females respectively. Both cells had a toilet
inside but had no running water. The cells also had poor ventilation and lighting. The male cell
was filthy, with a terrible stench whilst the female cell was relatively clean. At Sikongo the station
had 5 cells, three of which had toilets inside but with no running water. The cells had a total
combined capacity of 37. The biggest cell had a holding capacity of 15 while the 2 medium cells
had holding capacity of 10 each. The remaining 2 small cells had holding capacity of 2 each. The
cells were found in unsanitary condition, with fecal matters on the floor resulting from the broken
down sewer system and lack of water at the station.
The general condition of the cells at most police stations and posts left much to be desired. In
some cases, to prevent escapes, suspects had to be handcuffed to iron or any heavy metal bars
which one would find hard to lift.
An anchor to which suspects are handcuffed in a cell at Kapara scheme Police
Rule 12 of UNSMR stipulate that sanitary installations shall be adequate to enable every prisoner
to comply with the needs of nature when necessary and in a clean and decent manner.
Some of the places where the police operated were a danger to the health and safety of the officers.
The buildings in some places were on the verge of collapse. Office accommodation was not only
inadequate but also inappropriate. For instance, there was no privacy should a Complainant wish
to make an official complaint in confidence as Officers shared the limited space available.
Kaoma police station had only one cell for males with the holding capacity of 10. At the time of
the visit, the cell was in an unsanitary state with poor ventilation and no lighting. The police
station had no female and juvenile cells. The male juvenile suspects were held in one cell with
adult suspects while female suspects were held behind the inquiries desk during the day and were
transferred to prison cells in the evening.
The cell had no toilet inside and the officers had to escort suspects, who wanted to answer to the
call of nature to a provided pit latrine which was 100 meters away. The cell also had no running
water inside.
Kalabo Police was built in the 1960s. The station was reported to have 23 officers against an
establishment of 33 required to adequately police the area under its jurisdiction. The station has
one male cell which had a flushing toilet and a tap with running water. The cell had adequate
ventilation but had no artificial light inside. The suspects were not being provided with bedding
but were allowed to bring their own beddings especially during the cold season. The cell was the
cleanest in the province. The cell had a holding capacity of 10 and on the day of the visit, the cell
had 2 suspects.
At Chama Police station, there were Nine (9) suspects; five (5) males and four (4) females at Chama
Police Station. Three of the women were with circumstantial children. The longest persons in
detention had been in detention for 11 days, facing a joint murder charge.
While the 11 days represented a situation of over detention, the officer in charge argued that it
was one of those cases were the prolonged detention was necessary to conclude investigations and
safeguard the witnesses, the Commission was assured that they would be transferred to Chipata
for trial.
Lukulu police station had two cells for male and female with a holding capacity of 10 each. The
male juvenile suspects were being detained in the same cell with the adults. Both cells had a
toilet with running water though the supply of water was erratic. Both cells had poor ventilation
and lighting. Both cells were found to be in fairly clean condition on the day of the visit. The
Commission was informed that Lukulu district did not have a prison, and as such all suspects
remanded and convicted by the court were be held at the station whilst awaiting transportation
to Kaoma or Mongu prison.
The Commission learnt that the congestion found in the male cell was due to the fact that the town
only has one Magistrate handling all criminal and civil matters. On the date of the visit there were
22 inmates in the male cell and 3 inmates in the female cell.
Shang’ombo Police Station had 4 cells, but these cells had no doors to separate them and as
such the station used the entire block of cells as one cell for male suspects. Female and Juvenile
suspects were either released on police bond or temporally detained behind the inquiries desk
before they were transported to Senanga prison.
At the time of the visit, the cells were found to be in unsanitary condition, with poor ventilation
and no lighting. The cells had toilets inside but no running water. There were no beddings in the
cells.
The station had experienced a number of escapes by Suspects due to poor roofing in the cells.
2.1. Police posts

Police posts have been established in designated places to complement the inadequate police
stations. These are not meant to be detention facilities per se, but suspects can be held therein
temporarily as they await transfer to the main police station. However, most of the police posts had
holding cells, with Suspects having been in detenton beyond 24 hours.
The staffing at the police posts was drawn from a pool of officers from the main police stations.
Usually there were two to three officers at each police post. Taking into consideration the nature
of the services provided and the catchement area covered by the posts, it would be desirable to
increase the number of officers for effective policing.
Most police posts were housed in either mkeshift buildings or buildings donated by well wishers
in the community. Unfortunately some of these structures were not suited to the purpose for
which they were intended. For instance, some of the structures housing police posts did not have
habitable cells or had no cells at all.
College Police Station, which is located within the premises of Chipata Teachers Training
College
Kapara Police Post established in 2000 was to be in a dilapidated state. On the floor were caved
iron bars to which Suspects were handcuffed. This way of handcuffing Suspects bordered on cruel
and inhuman punishment. The cells at Kapara police post were not connected to clean drinking
water and had no toilets. The pit latrine which was outside served both the suspects and the
officers.
The Pit latrine at the Kapara station

Front view of Kapara Scheme Police Post, of broken shatters and ant heels
Leaves and dust have gathered inside and outside the pit latrine
Some police posts closed due to their state of dilapidation which was held to be incompatible with
the requirement to hold suspects in a humane and descent manner. For example Chitoshi police
Post, which lies between Luwingu District and Mporokoso District. This was a community post
which serviced a large population of Lunte Constituency. However, due to the bad state of the
building, lack of housing for officers etc, the post was closed by the Inspector General of police
earlier in the year. Despite lacking space, the police posts lack the most basic things like office
furniture, communication equipment, water supply etc.
Chiparamba Police Post in Chipata was established in 1996 and is located at the old council
building approximately 40 km from Chipata’s central business area. The structure was originally
an office building and not a police station. The improvised cell looks like a tools shed. It is small,
very dark inside and not suitable for human habitation. The Commission noted from previous
inspections, that the police had difficulties with transferring their suspects to the main station in
Chipata.
The inside of the cell is dark and not fit for human habitation
However, the picture is not completely gloomy for police posts. There are some that are relatively
good. St. Monica police post for example has sufficient office space and furniture so that officers
work in a clean environment
The cells were very clean and with a good smell.
Nalwei Police Post in Western Province

Nalwei police post is under the jurisdiction of Mongu police station. It was established in 2004.
On the date of the visit, the police post had only 3 officers.. The officers were being assisted by
a reserve officer and 6 community officers. The police post had no cells. The Commission was
informed that suspects were usually held behind the inquiries desk until a vehicle was found to
transport them to Mongu central police station.
The post had no camp to accommodate the officers. The officers rented private accommodation
in the nearby villages. The police post had no vehicle and it wasn’t receiving fuel allocations for
operations. The post also lacked communication facilities. The officers used their private mobile
phones and talk time for official communication.
The post had inadequate office space. The building had only an office for the Officer-In-Charge,
the front desk and a small room that was being used as exhibit room. The police post did not have
office furniture. The furniture found was broken and it was not received from the police division
but was donated by the officers. The supply of stationary from the mother station was erratic.
2.2. Police Cells as Remand Prisons

In places where there are no prisons such as Nakonde and Mbala where the prison was “closed”,
police stations were used as remand prisons where suspects were detained for longer periods of
time while awaiting committal to the High Court, sentencing or judgment. The police station had
three cells meant for males, females and juveniles respectively. At the time of the visit the station
was using the juvenile cell as the main cell because the other cells had security challenges due to
continued break outs.
2.3. Water supply and sanitation

There was no continuous water supply to most police stations and posts due to the rationing of
water by the utility company. For this reason the sanitation system in the cells was very bad as
it was not possible to keep the toilets clean. However, Isoka police station is an exception with
running water and functioning flushable toilets. It was learnt sanitation problems only occur when
the water utility has problems supplying to the prison.
2.4. Medical Services

The police stations and posts did not have in-house medical facilities, but used government
hospitals whenever a suspect in their custody was taken in ill. In cases where the hospital was not
very far from the police station a sick inmate was escorted on foot by a police officer for treatment.
However, where the hospital was far from the station, due to transport challenges there were
instances where the inmate could not be taken to the hospital.
2.5. Transport
There was a general lack of appropriate and adequate transport at police stations. Most police
posts did not have any kind of transportation and relied on the main police station for transport.
Mporokoso police station for instance had one motor vehicle for all the police operations and this
proved very challenging for effective policing as it services a large catchment areas, with most
offences being murder related and requiring thorough investigations.
A broken down vehicle at Mungwi police Station left the station with no transport
The general trend was that where a station had transport that police station would have only one
serviceable vehicle for all the police operations and that can be very challenging as cases are not
dealt with promptly.
A run down Toyota Hilux at Mfuwe police Station
At the time of the inspection, Mongu Police station had 2 vehicles which were shared by all the
departments and sections. The Commission learnt that the fuel allocation was adequate. The
Station received 400 liters of diesel per month for transportation.
At Sikongo police station the Commission found one vehicle. The omission was informed that
the fuel allocation to the station was not adequate, as the officers had to travel long distances to
investigate cases.
Kalabo police station had one working Toyota Land cruiser station wagon and received 400 liters
of fuel per month which was not enough.
Lukulu police station, on the day of the visit, had one (01) Land cruiser and one (01) banana boat
shared by all the departments and sections except the traffic department which had a motorbike.
The Officer-In-Charge informed the Commission that the fuel allocation of 400 liters per month
was not adequate considering the area under their jurisdiction. Due to lack of a prison in the
district, the land cruiser was being used to transport convicted persons to Kaoma or Mongu
prison. This mode of transporting Suspects posed a risk to the officers as the open van was not
suitable for transporting convicts.
Kaoma Police Station had two operation vehicles, one for investigations and general operations,
and the other for the traffic department. The Commission was informed that the two vehicles were
inadequate due to high crime levels that required constant policing.
2.6. Communication facilities

Police stations in the country are the least equipped when it comes to communication facilities
such as telephone, internet, radio communication systems etc. The Commission found that where
a police station had telephone facilities such as landline for communication, they were either on
receiving mode only or just not working. This was either due to non maintenance by ZAMTEL
or nonpayment of bills by the department. As such officers used their personal mobile phones
for which they received no airtime. In other areas such as Sikongo the officers were unable to
communicate using their mobile phones because the district was not connected to any network
provider.
The situation was different at Mongu police station which had a working land line and a mounted
radio with walk talkies and connectivity to the internet. Like Mongu, Kalabo Police Station had a
working land line and a mounted radio with walkie-talkies. In some instances, officers used their
private mobile phone for official communication.
Sesheke police station had a land line and a mounted radio with walk talkies for communication.
2.7. Staff Welfare

Staffing levels
The staffing levels in most police stations were below numbers required for effective policing. For
example, Mporokoso police station had an establishment of 75 Officers while current staff strength
was 33 officers. Of the total strength only 5 were female officers. The station was operating with a
shortage of 42 officers. The table below shows the status quo at the time of the visit.
Table 1: Staffing levels at Police Stations
STATION EST. MALE FEMALE TOTAL AVAILABLE
Mungwi 45 - - 27
Luwingu 75 34 5 39
Mporokoso 75 28 5 33
Mpika - 53 16 69
TazaraPolice 431 316 117 433
Chinsali 60 30 14 44
Isoka - 28 8 36
Nakonde 99 68 15 83
Mpulungu 40 - - -
Mbala 40 28 05 33
Mongu 165 74 30 104
Kaoma 76 46 - 46
Kalabo 33 23 - 23
Senanga 75 21 04 25
Sehsheke 50 43 43
Shang’ombo 50 13 02 15
Sikongo - 11 10 21
lukulu 54 21 04 25
Katima Mulilo 20 8 6 14
Chipata 400 - - 172
Staff Accommodation
Mporokoso Police Station has a police camp with 15 housing units to accommodate all the 33
officers. With this scenario the station inspector explained that some officers were made to share a
house. However, the senior officers were living in United Ntions Commission for Refugees (UNHCR)
houses that had been given to various Government departments. Those officers that were not
accommodated in any of the two categories stated were in rented accommodation outside the
camp. Lukulu Police Station had no police camp, and its officers were in rented accommodation.
The problem of housing was particularly acute at Chinsali Police Station, a grade A station that
was built in 1943. There police camp has 28 housing units. Most of the houses were found to be
in deplorable state and not fit for human habitation. Most of the housing units had since been
condemned and were vacant at the time of the visit.
Commission team visits one of the condemned housing unit at Chinsali Police Camp
Some structures at Chinsali police camp have given in and collapsed
Despite these life threatening cracks in the walls, this house is still occupied by officers at
Chinsali Police Station
A colonial institutional house for the police at Lundazi Police Station
At Mbala police station the problem of housing was compounded by the nonpayment of repatriation
allowances and other terminal dues to retired and deceased officers’ families who were still
occupying houses in the camp.
While in some places the problem of housing for officers was beyond immediate redress, in some
areas the issues could be resolved. At Mbala police station for example the police camp had 18
housing units. Ten (10) of the housing units in the camp were still occupied by some deceased
officers’ families as well as some retired officers while awaiting repatriation or payment of terminal
dues. Resolving outstanding dues will result in 10 units being available to current staff members.
At Luwingu Police Station it was found that there were only 16 housing units to accommodate all
the 39 officers. In trying to mitigate the problem of houses the new and young officers are made
to share a house.
Luwingu Police Camp
While on previous visits the houses in the police camp were dirty and looked more dilapidated,
the picture was now different. Officers at Luwingu police contributed their own money to have the
houses in the police camp refurbished, painted and broken windows repaired. The camp looked
neat as compared to other police camps visited. Equally at Mongu Police Station there was a police
camp with 14 housing units. The houses in the camp were undergoing some sort of renovations.
The 14 houses were not sufficient to accommodate all the officers. Most officers rented private
accommodations and most of them were unable to rent decent accommodation because the house
allowance they were getting was too low.
However the Commission found instances where availability of accommodation was not a major
problem, but rather the state of the said accomodation. Sikongo Police Station had a police camp
with 43 housing units and the majority of them were unoccupied. Only 21 houses were occupied
by the officers. The houses were old and in poor state, and needed to be rehabilitated. The camp
had no water and electricity.
Shangombo Police Station had police camp with enough houses to accommodate all the officers.
However, these houses were old and dilapidated. The houses required urgent renovations. The
station was able to accommodate other government departments including the local court.
Sanitation in the police Camps
For stations that have camps sanitation was found to be very poor with most houses using pit
latrines. Pipes were damaged due to age and water leaks were the order of the day. This situation
was common in police stations with officers having to share pit latrines with Suspects.
The pit latrine at the station at Katete Police Station
Staff Uniforms and Protective Clothing

At the time of the inspections all the officers at police stations had received uniforms and suits for
none uniformed staff. However, all stations had inadequate bullet proof vests, with a station having
one vest, kept for the use of the Officer-in-Charge. Officers were therefore vulnerable especially in
cases of exchange of gun-fire.
1.9. Office space and equipment

The police Stations lacked office accommodation and as a result of most departments had shared
office space. Though stations did not complain about stationery, most offices lacked the most
basic essential tools such as computers, printers, copiers and radios for communication. However,
even where one found a computer, the equipment was either out of service or near absolete. There
was also the problem of inadequate handcuffs. Due to limitations in office space, some stations
had to keep exhibits outside of the station.
At Mongu police station the Commission observed that the station did not have enough furniture.
The Commission further observed that the station did not have adequate office space as some of the
exhibits were stored in the open space. Officers were made to share offices and the furniture found
in these offices was old and broken. The Officer-In-Charge informed the Commission that there
were plans to construct a new station and that land had already been acquired. The Commission
was informed that the station had adequate stationary which it also shared with other police
stations.
Left: Nyimba and Right: Mungwi Police Stations-lack of office space forces the officers to
keep exhibits outside of the police station
Below: Sinda Police Post in Eastern Province
Kalonga Police post, established in 2005, is currently housed in an incomplete building, with no
cells, toilets or running water.
Muoyo Police post did not have adequate office space. The Station Inspetor was found occupying
a room originally ear-marked as a female cell.
Use of containers as police posts

The Commission found that due to lack of infrastrucuture, local communities had in some
instances sourced metal containers for use as office space and holding cells for Suspects. The
Containers had poor ventilation and were unsuited, particularly as holding cells as they could not
accommodate toilets and running water and sometimes had no lighting. Katete Police Post was
established in 1996 currently houses its cells in a separate metal container just outside the offices.
The cells are partitioned into two halves to cater for both for males and females Suspects.
Makeshift cells in a metal container in South Luangwa
The Commission was happy to learn that a more permanent structure and modern structure was
being built as a police station. This was the case for Matumbo police station. At the time of the
visit the building had reached an advanced stage. It was encouraging to the commission that the
structures would have facilities for separating juvenile offenders from adult suspects. The building
will also have separate offices for Victim Support Unit as well as the Child Protection Unit.
The old and disused Matumbo Police post.
New Matumbo police Station under construction
There was also construction works for a new police post at Mwandi. The old police post was opened
in the 1970s. The current post operates from a tent mounted in the yard of the Officer-In-Charge.
The police post has no cells and suspects depending on the offence are either released on police
bond or transferred to Sesheke police station.
On the day of the visit, there were 6 officers manning the station. The Officer-In-Charge indicated
to the Commission that the post required approximately about 50 officers to effectively police the
area. The new post being constructed will have cells and the Commission had an opportunity to
inspect it. During previous inspections the Commission found the post operating under a tree and
the Commission recommended that permanent building to house the post be constructed. The
Commission would like to recommend the government for the move taken.
CHAPTER 4
THE RIGHT TO FREEDOM FROM TORTURE
4.0 Introduction
The right to moral and physical integrity also entails protection from torture and other cruel
and inhuman treatment. Article 15 of the Zambian constitution provides that no person shall
be subjected to torture or to inhuman or degrading punishment or other like treatment. The
infliction of pain whether physical, mental or psychological is prohibited in all its forms. Further
Zambia is a party to the Convention against Torture (CAT) and other international human rights
instruments that prohibit torture. In furtherance of its treaty obligations Zambia has outlawed
corporal punishment as a sentence by the courts of law as well as a form of discipline in schools
Article 7 of the United Nations Convention against Torture (CAT) prohibits all forms of torture of
suspects or persons held in detention. There are no circumstances under which torture can be
excused. Torture as defined under the convention is
“ any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or intimidating or coercing him
or a third person, or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the consent
or acquiescence of a public official capacity. It does not include pain or suffering
arising only from, inherent in or incidental to lawful sanctions.”
4.1 Findings
Reports of torture continue to be received from places of detention. Incidents of torture were reported
in some police stations and prisons. Most Suspects indicated that they were tortured during
interrogations carried out by the Criminal Investigation Division (CID) in extracting confessions or
lead them to recover stolen property. Torture cases were also reported in Prisons. At Chipata police
station the seven (7) suspects in detection complained of having being subjected to beatings from
unidentified police officers.
A number of prisoners in various prisons, complained to the commission about beatings from the
prison officers, more especially during the times of performing labour work.
Others complained of beatings by the police and the Neighbourhood Watch usually before appearing
before a Magistrate. The commission strongly cautioned against the practice even though officers
denied knowledge of torture incidents. A total of 55 cases of torture were reported from some of
detention facilities inspected in Northern, Muchinga, Eastern and Western provinces.
Torture was reported to be the order of the day at Isoka Prison. All the 70 remandees found at the
time of the visit had undergone some form of torture. The remandees indicated that they had been
subjected to torture during interrogations following a prison break.
The remandees recounted how they had been locked up in a cell and bundled in one section of
the cell without being allowed to bath, were denied food and repeatedly beaten by officers. They
stated that they were not allowed to leave the cell and were made to craw whenever they wanted
to answer the call of nature. In addition the inmates were denied visitation from relatives and
friends. Among these inmates were two juveniles suffering some Sexually Transmitted Infections
(STI). They stated that they had been denied medical treatment and the sores on their private parts
had worsened. The Commission had the two juveniles taken to hospital immediately for treatment.
Such treatment of inmates has been held to constitute ‘cruel, inhuman and degrading treatment’
in the case of Ouko v Kenya�. In this case a prisoner was locked away for 147 days without being
allowed to wash. The African Commission held that this fitted the expression cruel, inhuman or
degrading punishment or treatment, and therefore found that article 5 of the African Charter on
Human and People’s Rights had been violated.
The rest of the remandees were immediately attended to by a Medical officer, who established that
injuries in at least 10 of the cases were consistent with having been as a result of torture. The
remandees went on to make formal statements, with the police opening dockets against the erring
prison officers.
Police officers record statements from the victims of torture. They also issued medical
report forms to the victims to enable them receive medical attention.
This inmate had his hand fractured by prison officers at Isoka Prison through beatings
Inmates spotted injuries in different parts of their bodies
Milima Prison: This man is not wearing a pair of white boots or socks. His legs are in
plaster of Paris. Both his legs were fractured by a prison officer using a piece of wood.
Mistreatment from fellow inmates
The United Nations Standard Minimum Rules for the Treatment of Prisoners discourages
the use of prisoners, in the service of the institution, in any disciplinary capacity (sec 28).
Moreover, it is an act of torture for person who has public authority to allow another person,
or knowingly, to perform an act or treatment that otherwise amounts to torture. In the
constitution of Zambia torture is prohibited without derogation under article 15.� Zambia is
also a signatory to the Convention against Torture and Other Cruel and Inhuman Treatment
(CAT) and the International Covenant on Civil and Political Rights (ICCPR). Article 1 CAT
and article 7 ICCPR speaks to all acts that amount to torture.
The Commission observed that although the practice was not supported by any legal provisions
or policy, there was some form of hierarchy amongst prisoners, with some having attained a
higher status then others. They were known as ‘Captains’ and assisted with the supervisory role
of the prison officers. As Captains, these inmates are the ‘eyes and ears’ of the prison warders.
As a result of their acquired status, the Captains enjoy some privileges such as better sleeping
arrangements. They were also exempt from hard labour. While self government is encouraged in
the administration of social groups such as education, health and culture it is unacceptable for
prison officers to use prisoners in the so called Captain capacity to discipline other prisoners.
Prisoners complained of harsh treatment from the fellow inmates. Some of the inmates showed the
Commissioners scars from beatings by fellow inmates. Commissioners urged the officer in charge
to punish the perpetrators. One of the perpetrators has since lost his 90 days remission, and will
serve his full sentence for assaulting a fellow inmate
These captains at Milima Prison were paraded in front of the Commission (not in picture)
and rebuked for mistreating others.
At Katuba Open Air Prison some of the Captains who were present where denounced in full view
of their fellow inmates. Meanwhile the farm manger promised to drop all the captains who were
implicated in the torture of inmates. The Commission directed the Officer-in-Charge to investigate
‘the Captainship and incidences of torture.
Rubber whips made from old motor vehicle tires were used on defenseless inmates
An inmate narrated that they were stripped naked and whipped using the rubber whips
This inmate suffered head injuries. A wooden object was used to cause the assault and the
victim was left without treatment.
The right to physical and moral integrity of the inmates includes accountability for the right to life
of suspects. For example at Chipata State Prison the Commission was informed that from 2012 to
the date of inspection, the prison had recorded a total of 18 deaths occurring from natural causes.
Most deaths occurred at the hospital where the deceased inmates were taken for treatment.
The commission was informed that officers in investigating deaths whilst in custody strictly
followed the procedure laid out in statute, which included setting up of an inquest and a post-
mortem.
A suspect shows swollen hands attributed to beatings from police officers
Table: Alleged Torture statistics during Visits

PLACE NO. OF VICTIMS
Mongu Police 7
Senanga Police Station 8
Nyangu Open Air 7
Sesheke Police Station 1
Shangombo Police 1
Sichili Police Post 1
Lukulu Police Station 2
Sikongo Police Post 1
Milima Prison 1
Isoka Prison 10
Mpika Prison 2
Chipata Prison 7
Kapata Police Post 7
Total 55
The cases of alleged torture include;
a) The 10 remandees at Isoka Prison

b) Two (2) cases of torture by ZAWA at Mpika Prison, with one case resulting in injury to the
eye.
c) Paul Nyarazi complained of a hand injury inflicted by the Captain at Chipata Prison.
d) Elijah Phiri complained of injuries inflicted on his back by the Captains.
e) Julius Sakala displayed sores on his back.
f) Fred Sakala - face scar injury occassioned while in police custody at Chipata Central Station.
g) Jonathan Tembo, had testicles damaged when a police officer torturing him hit him with a
stick.
h) The seven(7) suspects at Kapata Police Post complained of having been tortured by police
i) James Botha lost his eye, after allegedly being injured by security officers from ZESCO
police. The matter is before the courts.
CHAPTER 5
CONCLUSION AND RECOMMENDATIONS
The deplorable conditions in Zambian prisons and police cells are a major concern to the Human
Rights Commission. It has been highlighted before on many occasions by the Commission and
other stakeholders that conditions in places of detention are not fit for human habitation, but
little improvement has been seen. The Commission wishes to urge the relevant authorities to take
immediate action to change face of our prisons and the plight of inmates.
The Commission recognizes the fact that prison and police reform cannot be achieved in isolation.
The whole criminal justice system requires transformation. Effective reform therefore will require
an integrated, multi-disciplinary strategy. For instance the judiciary, prosecution and police
reforms also require a focus on reformatory schools and rehabilitation of victims of torture.
The recommendations below should be seen with an integrated and multi-disciplinary approach
in mind.
5.2 RECOMMENDATIONS
1. The Commission commends current efforts being made to construct of modern infrastructure
by government. It is hoped that these efforts are sustained. The construction of new facilities
should take into consideration separation of different categories of inmates; facilities that
take into consideration the situation of circumstantial children; and facilities that take into
consideration inmates with disabilities.
2. In the meantime the Commission recommends that minimum standards are observed in
the current facilities not currently ear-marked for construction of alternatives. With most
infrastructure having been built over 40 years ago, Government should make renovations
and rehabilitation to existing infrastructure, as a short term measure, to improve existing
facilities there is need for rehabilitation works that will resolve problems of water and
sanitation; ablution and washing facilities; separation of juveniles from adults; humane
sleeping arrangements, including sufficient beddings and mattresses/mats and the needs
of inmates with disabilities including wheelchairs and access ramps.
3. The Prison Service must develop gender responsive penal reforms aimed at improving
planning and delivery of services in prisons in a manner that is responsive to the different
needs of men, women and children. This includes educational and skills training facilities
for all as a rehabilitation strategy that will assist them upon release.
4. The Government should increase support to the Zambia Prisons Service in order to improve
prison facilities and conditions in tandem with the UN Minimum Standard Rules.
5. There is need to improve the quality of food in prisons, both in terms of nutritional
requirement, wholesomeness and cooking of the food. In addition to this is the need to
reschedule the timing of the last meal. The Commission observed that the last meal was
served between early afternoon. The Commission therefore recommends that in the short
term, the last meal be served as late as possible for the well-being of the inmates.
6. A policy decision be made to ban the use of torture and other inhuman or degrading
methods or techniques in investigations and interrogation by law enforcement officers and
to make torture an offence punishable by law. Being a signatory to the Convention Against
Torture, Zambia must move to domestication of the said Convention, as committed to at the
Universal Periodic Review, 2012.
7. The Zambia prisons Service should undertake the establishment of health facilities at all
prisons to make health services available and accessible to all inmates. In the alternative,
a permanent system of weekly visitations by health officers must be put in place to ensure
that persons in detention receive the required medical attention.
In addition, government must take deliberate efforts to introduce sick bays or build clinics
in all prisons to enable both the staff and the inmates to access medical care. This will also
ease on the task of officers required to provide guard to those taken to the hospitals as well
as the transport needed to transport the sick to the clinic or hospital.
8. Most prisons inspected were found to be operating without motor vehicles. The few available
motor vehicles found at some prisons were limping due to mechanical problems requiring
service or outright replacement. As a matter of urgency, it is recommended that the
government considers buying appropriate and durable vehicles for the prisons across the
country and have an effective policy for fleet management.
9. Most of the prisons were operating without skills workshops. This means that the idea
of rehabilitating prisoners is defeated. Hard labour is instead being used as means to
rehabilitate convicts. It is recommended that Government assists the Zambia Prisons
Service with equipment for skills training in all the prisons and to have literacy classes in all
the prisons. It is important for them to work in conjunction with the Ministry of Education,
Technical and Vocation Training.
10. Offender management that was set to prevent assaults among inmates is non-existent
in some prisons. It is recommended that each prison should have an effective offender
management system. For example, at Milima prison in Kasama, a so called captain canned
a fellow inmate and ended up causing grave injury to the friend in the name of supervision.
11. The Zambia Police Service must devise a mechanism of dealing promptly with investigations
and any matters relating to persons in their custody to avoid congestion in the police cells.
Police cells were never intended to replace the Prison detention centres. The Police should
therefore strictly comply with Section 33 of the Criminal Procedure Code on detention not
exceeding 24 hours, otherwise that the accused is brought before a Magistrate.
12. Government should urgently engage stakeholders, corporate institutions and donors
supporting children’s projects to fund building of separate holding cells for children in
prisons and police stations.
13. Government should build at least one reformatory school in the two provinces to enable
easy and quick transportation of juveniles to reformatory schools. The Commission found
that most of the prisons do not have transport and as such have to rely on well-wishers and
other Government institutions for transport.
14. The Social Welfare Department should undertake regular visits to places of detention in
order to protect the rights of juvenile offenders. An effective system of the said monitoring
that recognizes the current challenges experienced by the department must be agreed by
all stakeholders.
15. In order for officers to carry out their duties in the dispensation of justice effectively, there
is need to improve both their living and working conditions. The current situation of poor
and inadequate accommodation, inadequate or no transport and inadequate tools for work
including handcuffs and bullet proof vests must be resolved.
16. It is recommended that the Legal Aid body and the National Prosecution Authority be
decentralized to all provincial headquarters so that committals are easily processed as it
was found that some inmates facing capital offences were taking long to have their matters
heard by the High court.
17. There is need for corroboration between the Zambia Prisons Service and The Department of
Immigration to improve the handling of cases involving Asylum seekers, refugees, migrants
and Prohibited Immigrants.
18. Processing of terminal benefits for retired Officers should be expedited as the problem of
shortage of staff housing at Mbala Police Station was attributed to retirees and deceased
officers’ families continued stay in staff houses due to delay in the payment of terminal
benefits.
19. Training and upgrading of skills be undertaken to ensure that officers understand the
methods of communicating with disadvantaged groups such as persons with disabilities.
‘It is recognised and declared that every Zambian has been and shall continue to
be entitled to the fundamental rights and freedoms of the individual, that is to
say, the right, whatever his race, place of origin, political opinions, colour, creed,
sex or martal status, but subject to the limitations contained in this part…’
Article 11 – Constitution of the Republic of Zambia – as amended in 1996.
No-one in Zambia should be excluded from enjoying and laying claim to the protections
provided in Our Constitution, subject to limitation contained. The Commission will continue
to play its role of building a human rights culture that promotes and protects rights of all.
The Rights of all persons must be protected, irrespective of where they find themselves. The
Role of the criminal justice system in ensuring that our society is safe and secure cannot be
overemphasized.
ZS XXX
Human Rights Commission

Human Rights House Independence Avenue
P.O Box 33812 Lusaka Zambia
Tel: +260-21-1-251327/251357 Fax: +260-21-1-251342
68 2013 REPORT OF THE PRISONEmail: director@hrc.org.zm
AND POLICE CELLS INSPECTION EASTERN, WESTERN, NORTHERN AND MUCHINGA PROVINCES

2013 Prisons Report For Eastern - Western - Northern and Muchinga Provinces

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Human Rights Commission

REPORT OF THE PRISON AND

EXECUTIVE SUMMARY ………………………………………………….......................…………….………5

CHARPTER 2: CONDITIONS OF DETENTION IN PRISONS

2.2.1. Overcrowding ……………………………………………………………………........................…….13

2.2.2. Separation of Categories …………………………………………………………...................……..14

2.2.3. Prison Accommodation…………………………………………………………...................………...14

2.2.4. Food and Nutrition………………………………………………………………......................………19

2.2.5. Right to Health and Medical Care …………………………………………….................…………22

2.2.6. Water and Sanitation …………………………………………………………………...................….25

2.2.7. Beddings ………………………………………………………………………………….......................26

2.2.8. Clothing …………………………………………………………………………………........................28

2.2.9. Contact with the outside World………………………………...……….....................................29

2.2.10. Rehabilitation and Skills Training ……………………………………………..................……...30

2.2.11. Education ……………………………………………………………………………....................…..30

2.2.13. Right to Personal Property………………………………………………………………..................33

2.2.14. Operational Challenges……………………………………………………………………................34

2.2.15. Staff Welfare ……………………………………………………………………………......................35

2.2.16. Complaints from inmates............……………………………………………………....................38

CHAPTER 3: CONDITIONS OF DETENTION IN POLICE STATIONS AND POSTS

3.0. Conditions in the cells…………………………………………………………………….......................39

3.1. Police Posts ……………………………………………………………………………….........................42

3.2. Police cells as Remand facilities …………………………………………………………....................46

3.3. Water supply………………………………………………………………………………........................46

3.4. Medical Services……………………………………………………………………………......................46

3.6. Communication Facilities …………………………………………………………………...................48

3.7. Staff Welfare……………………………………………………………………………….........................48

3.8. Staff accommodation…………………………………………………………………………..................49

CHAPTER 4: The Right from freedom from torture

4.1 Findings on Torture and Ill-treatment………………………………....................…………………..56

CHAPTER 5: CONCLUSION AND RECOMMENDATIONS

Standard Minimum Rules for the Treatment of Prisoners

General prison conditions

Conditions in police cells

Food and nutrition

Rights to access to health services

Torture and other cruel, inhuman and degrading treatment or punishment

Treatment of Vulnerable persons in Detention

Treatment of persons with disabilities

Access to legal representation or assistance

1.9 Government makes renovations to existing infrastructure, as a short term measure, to

International Legal Framework

Regional Legal Framework

The Role of the Prisons

In addition to the many negative consequences Detaining prisoners in congested

2.2.2. Separation of categories

2.2.3. Prison Accommodation

Part of the condemned Luwingu State Prison.

Inmates parade in front of the remaining part of the closed prison

Cells at Katuba Open Air Prison in Lundazi District

New Luwingu Prison

Gyser fitted for one of the cells

Four electric pots in the kitchen

Current cells at Mbala prison

2.2.4. Food and Nutrition

Food prepared outside at Nyimba farm Prison

Munsanzala Open Air Farm makeshift kitchen

Commissioner Chisenga examines the electric pots

No special diet for sick inmates

Indoor toilet in one of the cells at Katete State Prison

A blocked toilet at Nyimba Prison Farm

2.2.7. Beddings and mattresses

Inmates display some pieces of mattress on which they sleep