PRO-ACTIVENESS OF THE HUMAN RIGHTS COMMISSION ON THE 24-HOUR PRE-TRIAL DETENTION IN ZAMBIA: A HUMAN RIGHTS ISSUE

Abstract

This study assessed the pro-activeness of the Human Rights Commission on 24-hour pre-trial detention. The following objectives guided the study;   to establish the pro-activeness of the Human Rights Commission on the 24-hour pre-trial detention in Lusaka District, to identify the challenges faced by the Human Rights Commission on the 24-hour pre-trial detention in Lusaka District and to establish strategies put in place by Human Rights Commission in safeguarding the 24 hour pre-trial detention in Lusaka District. The study adopted a qualitative approach and used a hermeneutics phenomenology research design. Data were generated through an interview guide. Findings: It was clear that the Human Rights Commission is responsible for educating and investigating human rights violations, investigating any maladministration of justice, and proposing possible measures to prevent human rights abuse. The findings also revealed that participants had a shallow understanding of the Criminal Procedure Code Act about the 24 24-hour pre-trial Detention. It was further established that the Human Rights Commission was reactive when it comes to the 24-hour pre-trial detention because of among other reasons, delay in the prosecution of criminal cases necessitated by poor investigations (unsubstantiated evidence), and administrative hiccups embedded in the investigative system. The study recommends the decentralisation of the Human Rights Commission office to the police station level, boosting the labour force at the Human Rights Commission and reintroduction and re-launching a continuous human rights-based education to all the investigative wings in the quest to appreciate Criminal justice-timely.