The Zambia Police Act governs police conduct and accountability. Officers who use excessive force or commit violence against persons in custody are guilty of misconduct and can face criminal prosecution and dismissal.
The Zambia Police Act (Cap. 107 of the Laws of Zambia) establishes the Zambia Police Service and governs police powers, duties, and discipline. Key provisions on police accountability: **Misconduct (s. 47)**: A police officer who uses force in excess of what is reasonably necessary, or who commits any act of violence against a person in custody, is guilty of misconduct and is subject to disciplinary proceedings. Serious cases can also result in criminal prosecution. **Reasonable force**: Police may use force only where necessary and proportionate to achieve a lawful objective. Excessive force is prohibited. **Complaints**: Complaints about police misconduct can be made to: the Zambia Police Service Internal Affairs Division; the Independent Complaints Commission (where operational); or the Zambia Human Rights Commission (ZHRC). Unlawful arrest, detention beyond constitutional limits, and torture are also violations of the Constitution of Zambia and can be challenged in the High Court through a Bill of Rights petition.
A suspect in custody is beaten by police officers trying to get a confession. Under section 47 of the Zambia Police Act, the officers are guilty of misconduct. The suspect's family files a complaint with ZHRC and the Internal Affairs Division, and applies to the High Court for enforcement of the right against torture.
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