A CALL FOR TRANSPARENCY IN JAY’S ARREST: HUMAN RIGHTS DEFENDERS SPEAK OUT
Some local and regional human rights organisations have raised alarm over the lack of transparency in the manner in which Emmanuel Jay Banda was snatched from Mozambique and brought to Zambia.
And the human rights organizations have demanded the government make public why the former Petauke MP Jay Banda is admitted to Maina Soko hospital following his apprehension and the type of treatment he’s receiving.
Jay Jay Banda is said to have been arrested from his hideout in Northern Mozambique where he was frequently broadcasting his anti UPND-regime message via his popular Facebook page under the moniker of ‘miracle.’
Following his arrest, Banda has been admitted to the Maina Soko Medical facility in unexplained circumstances, but according to multiple sources, he is receiving medical treatment for gunshot wounds he suffered during the process of his arrest.
In a joint statement, the 24 local and regional African civil society organisations, have called for the strict observance of human rights and the rule of law in the arrest and impending prosecution of Jay Jay Banda.
The civil society organisations including Caritas Zambia, Advocates for Democracy Governance Foundation, former Law Association of Zambia president Linda Kasonde, LCK Foundation, Human Rights Institute of South Africa, Chapter One Foundation and Maiko Zulu among others are demanding transparency into the arrest of Banda.
“The law does not prevent the apprehension or prosecution of fugitives. It prescribes the minimum standards that govern the exercise of that power
“The rule of law was never intended to protect only the innocent, the popular, or the virtuous. If its protection were reserved for such people, they would scarcely be needed. We are equally concerned by reports that Mr Banda is in a critical condition at Maina Soko Military Hospital.”
The human rights organisations reminded the government that it has a duty to protect life, health and dignity of every person in State custody.
“We call on authorities to disclose Mr Banda’s condition and circumstances that led to it [and] ensure he receives appropriate medical care, including access to doctors of his choice, and also grant immediate and unrestricted access to family and lawyer.”
The human rights organisations want an independent and transparent investigation into how Jay Banda was apprehended and transferred from Mozambique to Lusaka.
“We call on the government to act within the constitution and the rule of law, and respect the right to liberty, to a fair hearing and the presumption of innocence [and] and account publicly for the means and the legal basis on which Mr Banda was brought from Mozambique to Zambia.”
The human rights organisations say they are gravely concerned with lack of transparency regarding the cross-border apprehension of Jay Banda from Mozambique to Zambia.
The organisations emphasized that they do not condone any wrong by anyone within or outside the country.
“But the wrongfulness of his [Jay Banda] conduct does not excuse the Zambian and Mozambique government from following due process and adhering to international law in bringing him to account,” the local and regional human rights organisations stated.
“If a suspect is outside the country, the authorities must use the lawful channels such as extradition or mutual legal assistance, with respect for sovereignty of the country concerned and for the suspect’s rights. A suspect apprehended outside these channels is a victim of lawlessness, whatever he is alleged to have done.”
The human rights organisations asked whether the applicable legal procedures and safeguards were observed in the arrest of Jay Banda.
“We find it troubling that this question has grown condemnation, including some within the human rights community as though asking whether the law was followed was an act of disloyalty and an endorsement of criminality,” they stated.
“If the States [Zambia and Mozambique] have acted lawfully, explaining the legal basis for their actions should present no difficulty. It is part of the accountability. It is part of the accountability ordinarily expected of public institutions that exercise coercive power,” the human rights organisations stated.