The Human Rights Commission (HRC) has condemned the detention of an eight-year-old boy at Matero Police Station in Lusaka as unlawful and a gross violation of the right of the child.
The eight-year-old boy was locked up at Matero Police station for one night after he used a sharp instrument during a fight with another minor.
Commission Spokesperson, Mweelwa Muleya, condemned the act by the Police in a statement issued in Lusaka on Thursday to Zambia Monitor.
Muleya said the detention of the boy was unlawful because under the Children’s Code Act, No. 12 of 2022, the age of criminal responsibility of a child is 12 years and above.
“The Commission considers the detention of the child on an alleged offence of being in possession of a sharp instrument while fighting with another child as not only unlawful but also disproportionate, unreasonable, unnecessary and unjustified in a democratic Zambia that is anchored on the respect for the Rule of Law and Human Rights,” he said.
Muleya said the Commission acknowledges the reported positive efforts taken by the police to request the parents to begin a counseling session with a Child Protection Officer and a Social Welfare for the boy who has since been released.
He said the Commission however hopes that the counseling will not only focus on the fact that the child had a sharp instrument but also on rehabilitating the child from the possible trauma he may have suffered as a result of being subjected to detention.
Muleya called 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.
“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,” he said.
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