THE Human Rights Commission has condemned the detention of an eight-year-old boy at Matero Police Station in Lusaka on June 11, 2023.
The Commission said the alleged offence of being in possession of a sharp instrument while fighting with another child is not only unlawful but also disproportionate, unreasonable, unnecessary and unjustified in a democratic Zambia.
In a statement, Commission spokesperson Mweelwa Muleya said under the Children’s Code Act, No. 12 of 2022, the age of criminal responsibility of a child is 12 years and above.
He said a child below the age of 12 years is not criminally liable for any act or omission. Therefore, it was unlawful to detain the child.
“In any case, the Children’s Code Act provides that detaining a child should be the last resort. Therefore, if there were imperative circumstances warranting the restriction of the right to liberty of the child such as in the interest of his safety or the safety of another person, family or community, the child could have been kept at a place of safety as provided by the Children’s Code Act, and not detained in a police cell or station,” he said.
Mr Muleya called on police and other law enforcement officers to always adhere to the provisions of the law whenever enforcing the law to avoid violating human rights.
He further called for counseling of the child to rehabilitate him from the possible trauma he may have suffered as a result of being subjected to detention.
Meanwhile, the Commission is calling on the police command and other investigative wings to get to the bottom of what could have motivated the officers to detain the boy, including thoroughly investigating the serious criminal allegation of seeking payment in exchange for the freedom of the boy.
He also cautioned members of the public to desist revealing the identity of the child as it is an offence.
“The Commission is calling upon everyone to stop circulating or publishing any information or pictures likely to reveal the identity of the affected child because it is a criminal offence to do so. In addition, the child must be protected from further stigmatization and abuse and be supported to recover from the possible trauma of being detained.
The Commission wishes to caution that, according to section 46 (3 and 4) of the Children’s Code Act, any person who releases information that is likely to reveal the identity of a child in conflict or contact with the law, commits an offence and is liable, on conviction, to a fine not exceeding 300,000 penalty units [which is equivalent to K90,000] or to imprisonment for a term not exceeding three years, or to both,” Mr Muleya said.
(Mwebantu, Thursday, 13th July, 2023)
