Murder suspect, Chipyoka, demands release, accuses govt of human rights violations

Francis Chipyoka, charged with the murder of Independent Broadcasting Authority (IBA) Director-General, Guntila Muleya, has petitioned the High Court for his release, alleging violations of his human rights.

Chipyoka, a Financial Analyst at IBA, has been detained at Emmasdale Police Station for over six weeks.

He claimed that his continued detention without being formally charged breaches Articles 11, 13, and 18 of the Constitution of Zambia and amounts to an abuse of legal process.

Muleya, 44, was found dead in July 2024 in Lusaka’s Njolwe area with gunshot wounds to his head and back.

Five individuals, including three police officers, have been arrested in connection with the murder.

Read more: Chipyoka formally charged with murder of IBA director-general, Muleya

In his petition, Chipyoka also alleged that he had been subjected to torture, inhuman, and degrading treatment, in violation of Article 15 of the Constitution.

He seeks declarations for his immediate release and the return of his motor vehicle, which he claimed was seized without a valid warrant, infringing on his property rights under Article 16.

Chipyoka’s legal team, from Andrew Musukwa & Co, argued that his constitutional right to liberty under Article 13 and his right to a prompt court appearance under Article 18(2)(d) have been violated.

He contended that he was coerced into providing self-incriminating information, with police allegedly threatening him with harm, thus violating his right to a fair trial as outlined in Articles 18(1) and 18(10).

He further claimed that the police subjected him to psychological torture and threats to extract a confession based on a fabricated narrative, and that the seizure of his vehicle was conducted without legal authority or a valid warrant, infringing on his constitutional rights.

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