Amnesty International Report 1995 - Zambia

Nine journalists were briefly held as prisoners of conscience. Two refugees were detained without charge or trial for a prolonged period. There were reports of torture and ill-treatment of prisoners in police custody. At least 20 prisoners were sentenced to death, but there were no reports of executions. The ruling Movement for Multi-Party Democracy (MMD), led by President Frederick Chiluba, faced allegations of corruption both from within its ranks and from its opponents. Three government ministers and the Vice-President, Levy Mwanawasa, resigned during the year. The former head of state, Kenneth Kaunda, who had retired from politics after his electoral defeat in 1991, announced that he was returning to politics. Nine journalists from an independent newspaper, The Post, including Fred M'membe, its managing director, were briefly held as prisoners of conscience. They were each detained for a number of hours at different times during the year and charged with a range of offences, including defamation of the President, revealing classified documents and "publishing false information likely to cause public alarm". Fred M'membe faced charges on all these counts. The defamation charges were challenged in the High Court on the grounds that they were not constitutional; the court had not given a ruling by the end of the year. None of the nine journalists had been tried by the end of the year. Two refugees from Burundi, Japhet Kabura and Leonard Bazirutwato, who had been detained without charge or trial since April 1993, were released in June. They were detained after publicly claiming that the Government of Burundi had sent a hit squad to Zambia to eliminate exiled political opponents. There continued to be reports of torture and beatings in police custody. In February, two Lusaka police officers were charged with the murder of a taxi-driver, Oscar Chimbainga. They were reported to have beaten him with planks and fists at Chawama Police Post. It was not known whether their trial had taken place by the end of the year. In general, it appeared that the authorities failed to take effective action in relation to reports of torture and beatings of those in police custody. The Commission on Human Rights, established by the government in 1993 to investigate allegations of human rights abuses under both previous and current governments, continued its investigation into allegations that at least two of those detained without charge or trial during the state of emergency in 1993, Cuthbert Nguni and Henry Kamima, had been ill-treated (see Amnesty International Report 1994). It had not reported its findings by the end of the year. Cuthbert Nguni died in September, his health reportedly permanently damaged by the ill-treatment which he had suffered. At least 20 prisoners were sentenced to death during the year for murder or aggravated robbery. There were no reports of executions. Amnesty International was concerned about the use of charges such as defamation and "publishing false information" to harass government critics. It was also concerned about continuing reports of torture and ill-treatment of those in police custody.