HRC acts to protect 'rights' of two youths who were suspected of shoplifting at Jet Stores

By Staff Reporter, NDOLA 

The Human Rights Commission (HRC) says it is extremely concerned with increasing cases of such human rights violations. 

The commission has strongly condemned acts of torture and other cruel, inhuman and degrading treatment or punishment of two females who were suspected of shoplifting at Jet Stores at Presidential Housing Initiative (PHI) Shopping Mall in Lusaka. 

In a statement made available to WM Media, Chief of Information, Education and Training Mweelwa Muleya stated that the Commission became aware of this form of human rights violation yesterday, 21st March 2016, through Social Media Platforms and immediately instituted independent investigations, which established as a fact that two named ladies of Mtendere Townships in Lusaka, aged 19 and 21 years old respectively, were indeed subjected to acts of torture and other cruel, inhuman and degrading treatment or punishment by Jet Stores Officials on 23rd November 2015 around 18:00 hours. 

Mr Muleya stated that the Commission interviewed the Stores Manager at Jet Stores, PHI, who has admitted painting the ladies with water paint, claiming that the victims consented to that kind of ill-treatment as opposed to being either fined or taken to police. 

“The Commission has also interviewed both victims who reported that they were physically and emotionally abused by beating them with electrical cables from 16:00 hours to 18:00 hours to an extent of one of them becoming unconscious while the other one bled from the ears. The victims also claimed verbal, sexual and physical harassment during the ordeal that took place in a room where they were later forced to lay down and subjected to being painted with yellow water paint all over the body,” he stated. 

Mr Muleya added that the two female victims confirmed that they were accused of shoplifting a skirt, a sweatshirt and a hat while the stores Manager said they had shoplifted three ladies’ hats, a skirt and a boys’ T-Shirts. 

He stated further stated that the Commission wishes to remind and warn both State and Non-State Actors that acts of torture and other cruel, inhuman and degrading treatment or punishment are absolutely prohibited by Article 15 of the Zambian Constitution. 

Mr Muleya emphasized that this prohibition is couched in absolute terms and no consent of the victim can waive this right to freedom from being tortured, which is aimed at protecting the inherent dignity and worth of a human being. 

He explained that it is also a breach of various Regional and International Human Rights Instruments such as the African Charter on Human and Peoples’ Right and the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which Zambia ratified in 1998. 

“There is no crime that justifies Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” Mr Muleya stated. 

 Mr Muleya pointed that suspects should always be reported to police who should in turn take such suspects to court, without resorting to torturing suspects under whatever circumstances. He disclosed that the Commission will summon both Jet Stores Management and the two victims for further investigations and action. 

“The Commission is extremely concerned with increasing cases of such human rights violations. As a long term measure, the Commission is implementing Business and Human Rights projects and is also working towards facilitating the enactment of a national law criminalising torture to operationalise the Constitution and various Regional and International Human Rights Instruments,” Mr Muleya disclosed.  

Mr Muleya stated that the Commission wishes to re-iterate its earlier appeal to victims and members of the public to report cases of human rights violations and abuses to the Commission for investigations and facilitation of possible redress for the infringement caused. 

He also explained that the Human Rights Commission is a National Human Rights Institution established under Article 230 of the 1991 Zambian Constitution as amended by Act Number 2 of 2016 to, among other human rights functions, ensure that the Bill of Rights is upheld and promoted.

Meanwhile, management of Jets Stores in Lusaka has fired all its workers who took part in the painting and harassment of two teenage girls.

The managers at the clothing store located at the PHI Mall informed officers from the Human Rights Commission who stormed the shop this afternoon that it has dismissed all the workers who participated in the act.

The firm has also stated that the sacked employees will have to bear their own legal costs in an event that the case goes to court.