April 27, 2010

Corporal Punishment and Ill-Treatment

Solitary confinement, naked, in water with limited food; corporal punishment by prison officers; beatings by cell captain inmates to whom disciplinary authority is ceded; and beatings in the fields, constant work, and denials of water for inmates sentenced to hard labor all amount to cruel, inhuman or degrading treatment. Prisoner treatment and discipline—at the hands of both prison officers and the inmates to whom disciplinary power is delegated—often violate international and regional law and standards. Widespread physical abuse, humiliation and ill-treatment also have serious implications for inmates’ mental and physical health.

International law and prison standards, and the Zambian Constitution, prohibit the infliction of (including acquiescence to) torture or cruel, inhuman or degrading treatment or punishment against persons in detention, including corporal punishment.[460] The UN Human Rights Committee has admonished Zambia for reports of torture and ill-treatment of persons deprived of their liberty[461] and for failing to supply information on the system for prosecuting and punishing acts of violence against prisoners.[462] Additionally, international standards forbid prisoners from being employed in any disciplinary capacity, or being punished by placement in a dark cell.[463] In response to a complaint from a disabled child detained in a solitary cell without facilities, no natural light, without a blanket or clothing, and subjected to physical abuse, the UN Human Rights Committee noted that confinement in an isolated cell “without any possibility of communication, combined with his exposure to artificial light for prolonged periods and the removal of his clothes and blanket” constituted a violation of the obligation to treat detainees with dignity.[464] Zambian law clearly lays out disciplinary infractions of varying severity and makes provision for punishment,[465] and some inmate reports suggest that corporal punishment from officers has decreased in recent years following a change to the law.[466] Yet officers and inmates still routinely inflict corporal and other inappropriate punishments, contrary to Zambian law and Zambia’s international human rights law obligations.

In cases of abuse, prisoners should be able to access a remedy. International standards provide that detainees should have access to a confidential complaint mechanism.[467] Yet Zambian prisoners do not consistently have access to such a complaint mechanism.

The Penal Block

Mostly, people come out sick. No one has come out in good health—they change completely in there. They don’t always get taken to the clinic, though, unless the inmates put pressure on [the officers]. We say, “this person will die, as you killed the others.”
– Elijah, 34, Mukobeko Maximum Security Prison, September 30, 2009

Except Mwembeshi, each of the facilities we visited had some form of penal block isolation cell where prisoners could be taken for punishment in response to violations of prison rules ranging from engaging in sexual activity, to using alcohol or drugs, to fighting, to disrespecting officers.[468] We were allowed to view the penal block at only one of the facilities—Mumbwa—and observed it to be a dark, two meter by two meter cell, without ventilation. The room was empty, with a bare, hard floor, but the graffiti on the walls told the tale of the misery that had been experienced within the cramped walls: “hard, no, no,” “fools seek to blame,” “sucuide,” (sic) and “hard men no no,” had been painstakingly etched into them.[469]

Zambian law provides for confinement in a separate cell as punishment for certain prison offenses, with a “penal” or reduced diet, for periods as long as 25 days.[470] Prior to such confinement or reduction in diet, a prisoner must be examined by a medical officer and periodic checks of the prisoner’s condition are required by Zambian law and by international standards in cases of confinement or reduction of diet.[471]

The descriptions from inmates of punishment inflicted in the penal block were consistent across facilities.[472] Prisoners are stripped naked and put in a small, usually windowless cell (one to two meters by one to two meters), with water poured onto the floor to reach ankle or mid-calf height. There is no toilet in the cell, so that inmates are forced to stand or sit in water containing their own excrement. Prisoners sleep in the fetid water on the floor of the cell. Prisoners are held in this manner sometimes for days on end[473], either with no food at all for shorter (daytime) stays or with “penal diet” (food rations only every other day) for longer stays.[474] However, as Henry, 34, noted, even eating this minimal food puts inmates in a terrible bind: “You refuse food because there is no toilet.”[475] Bernard, 40, described the ordeal of the penal block in detail:

I went to the penal block one time, but I only stayed for one night because I was coughing up blood and they were afraid I would die. But others stay for two weeks, 21 days, or 30 days. It’s dirty there, not fit for humans. That’s where they used to keep people to be hung when there were still executions.  It’s hell all on its own. They remove your clothes, put you in one of the rooms, and pour two buckets of water in there with you. Then you get a penal diet—it’s the same food but just less. One of our friends was taken there and beaten to death.[476]

In the winter months, especially, naked confinement in fetid water is extremely difficult for inmates to bear and we heard reports that inmates frequently require medical attention and even die after release from the penal block.[477] “Usually when one comes out of there one is weak and sick,” Lawrence, 33, at Mukobeko, observed.[478] Mumba, 44, at Mukobeko, reported that “many have come out sick—you don’t always get ART in there.”[479]

There is little doubt that the use of these cells per se to inflict punishment constitutes prohibited inhuman and degrading treatment. Extended use of these cells when combined with other punishments, such as being stripped naked, food restrictions, denial of access to the toilet, and being made to stand ankle-deep in water, constitutes a form of torture.

Some inmates described officers who relish the pain of the inmates: “They pour water in there and put you in there naked. The water stays on the floor, and you can’t sleep. The guards enjoy it if you commit an offense when it is coldest.”[480] Indeed, Winston, 35, reported that officers sometimes use penal block punishment to settle personal vendettas:

If you make a complaint about an officer, you have started a war that will never end.  There is systematic harassment; I know because I have been in the forefront of making such complaints. The commanding officer will come and say, “Those of you who want to act like you are a student union at university, you will stay here.  If you want to get out you will shut up. Stop complaining, you have no rights; you are just criminals.” Officers use other inmates to make complaints about you and you end up on the penal block.  It happens a lot.[481] 

Several officers confirmed inmate descriptions of treatment in the penal block. The deputy officer in charge at Mukobeko said: “We remove clothes to prevent the risk of committing suicide. They are with nothing—no bedding, no clothes. The duty officer can pour water in.... This can be with or without penal diet—we remove portions from every meal. We have two cases or so a week.”[482] At Mumbwa, the officer in charge similarly described the punishment in penal block.[483] Some officers expressed concern about the use of the penal block: The officer in charge at Kamfinsa said that the penal block is available but “we’re discouraged from it...because of human rights awareness we don’t do it,” as the Prisons Act requires frequent checks on those in penal block and he doesn’t have the time; furthermore, the penal diet cannot be used because it is inadequate.[484]

Some inmates reported that prisoners are beaten prior to or during confinement in the penal block.[485] “There is also torture there,” reported Samuel, 50, at Kamfinsa. “People are beaten with sticks. The convicts are whipped when they commit an offense.”[486] Mutale, 40, an inmate at Mukobeko reported that his friend was beaten to death in the Mukobeko penal block in 2006, and while officers investigated after the inmates protested, there was no arrest[487]; another inmate reported that a fellow prisoner died from beatings at the Mukobeko penal block in 2007.[488] The penal block, Patrick, 48—an inmate at Kamfinsa—concluded, is “not a safe place. They do things there the old Zambian prison way.”[489]

While typically, children did not appear to be subjected to penal block punishment, Oscar, a teenager, had been held in the penal block at Lusaka Central three years previously, and described the terror he felt:

I have had the experience of being taken to the penal block. There is a small room, where three people can sit. They pour water. You are isolated, in the room alone with the water. They took me there when I came in as a young person [as punishment for theft]. I was kept in there for four days and nights in the cell. The water was above my ankles. There was no light, no windows. There was no beating—the isolation, the water are the punishment. It being the first time, I was really afraid. It was pitch black. I didn’t know what was coming next. I felt very afraid and insecure.[490]

Additional Officer Punishments

The Zambia Prisons Service has clearly made a significant effort to improve disciplinary practices in recent years. The legal abolition of corporal punishment by officers speaks to a commendable desire for and effort toward change in some quarters, and some inmates informed us that officer-inflicted beatings had decreased.[491] One of the most common forms of punishment by officers, reported by numerous prisoners across all prisons, is the loss of early release (“adding days” to the sentence)[492]—a punishment that is acceptable under international standards. Forms of work are also frequently used by officers as punishment.[493] It must be noted, however, that seemingly acceptable forms of punishment may at times be inflicted in discriminatory or otherwise unacceptable manners.[494] One immigration detainee at Lusaka Central reported that when any one of the immigration detainees violates a rule, all of the immigration detainees are made to clean the toilets.[495]

Significant challenges remain in eliminating inappropriate officer punishments. Corporal punishment of prisoners is contrary to Zambian law, and prison officers categorically denied that officers inflict corporal punishment. The officer in charge at Mukobeko reported that punishment is never physical,[496] and prison officers from Kamfinsa informed us that there is no beating.[497] At Lusaka Central Prison, the female deputy officer in charge claimed: “This has changed according to the Prisons Act. There is no violence since I came, no violence here. We keep according to the law. There is no physical punishment. We are just friends.”[498]

International monitors have expressed concern that practical implementation of the abolition on corporal punishment may not have taken place,[499] and our interviews with inmates confirmed that corporal punishment by some officers endures, despite a general trend away from such punishment. An inmate at Mukobeko told us that he was badly beaten by a senior prison officer after he asked for a parcel sent to him by an overseas penpal.[500] Ngwila, 67, reported that just the previous week he had been beaten, and that the officers sometimes beat the inmates for no reason.[501] Clifford, 41, an inmate at Kamfinsa, said “someone just got taken to the penal block today. This is where the worst abuses happen—beatings by junior officers. They operate without supervision from the officer in charge.”[502] As noted above, such beatings sometimes precede or take place during penal block confinement. One inmate told us:

When a person becomes unruly, the officers use excessive power, manhandle him, and beat him up. I witnessed one such incident at Lusaka Central prison. The prisoner misbehaved and there was a mini-riot. The officers had to come in and they beat him up and confined him to the penal block.[503]

Female inmates at Kamfinsa prison reported that inmates are slapped on the back by officers as punishment[504] and also receive strokes with a stick.[505] Inmates at Mwembeshi reported slapping and beating by the officers when inmates resist work.[506] David, a teenager, described officer beatings in more detail:

As for physical abuse, some of the officers are harsh and can slap prisoners or call us names. Yes, I have seen injuries after. Some of the inmates, when they are given work, they resist and say they are tired. They attract physical abuse, slapping. They may bleed from the mouth after, or complain of internal pain.[507]

Erick, a teenager, reported that officers beat inmates as punishment without the knowledge of the officer in charge:

When the inmates demand to go to hospital they are prevented from going so that the officer in charge doesn’t know an officer has injured an inmate. The officers tell the lie that the duty officer is not available to keep us from the clinic, saying that the officer in charge has traveled. The cane is two inches thick, two feet long. I have been caned two times personally. Once, I felt sick because of malaria and I was not able to eat. They said it constituted a crime, that if I don’t want to eat, it constituted a crime. They said if I don’t want to eat, I should give to share with a friend. I was given 10 strokes. The second time, I had visitors from the church who wanted to help me with my case. I was ordered to clean the toilets, but my absence led to be being given 25 strokes. I asked to go to the clinic, but was denied. I was swollen.[508]

Additional reports of abuse at the direction of officers include forms of sexual humiliation, particularly of female inmates. On the women’s side of Kamfinsa Prison, for example, female prisoners reported being stripped naked, smeared with mud, and placed in the hot sun of the prison central courtyard to be viewed by all female prisoners for an entire day as punishment at the explicit direction of the officers.[509] One female inmate described this punishment:

If an order is broken, the inmate is stripped naked, mud is applied by other inmates at the direction of the officer, and the inmate is told to sit in the sun until lockup. Mainly this would happen if between inmates we fight or pick a quarrel—the officers come to judge who is wrong and then to punish. Some have fallen sick after that treatment—I have seen it happen three times.
This punishment is aimed at humiliating or insulting our personality. How can they make me strip naked before younger women who could be my daughter, without taking to consideration how I would feel as a woman, as a mother?[510]

Further forms of sexual humiliation and verbal abuse exist, particularly for female inmates. For example, one inmate reported that as punishment, the officers may put the inmate into the center of a circle of the other prisoners at bath time, where each “showers insults at her, calling her the names of private parts.”[511] Agnes, 25, at Kamfinsa told us “truthfully, each officer has her own problems. Some are harsh, some don’t accommodate us. To tell the truth, we were told to say that there are no problems, but each has their own problems....They degrade us, shout, call us names, make reference to the fact that we are criminals.”[512]

A child detained at Choma reported that another child was tied with a rope and taken out into the sun for approximately two hours for screaming at an officer.[513] Adults at Choma also reported a practice whereby a prisoner would be drenched with water and made to roll on the ground.[514]

Strip searching by officers, while not inflicted as punishment, also greatly disturbs inmates. Inmates reported that they were strip searched, both when returning from court, and at regular intervals in the cells themselves. Multiple inmates reported the shame involved. “I feel grieved about it,” a female inmate at Kamfinsa Prison reported, “I even pray to God that I can just die. The pain and shame is too tough to bear.”[515] In one instance, PRISCCA, ARASA, and Human Rights Watch received a report from a prisoner at Lusaka Central that a body cavity search for all inmates was carried out with a single pair of gloves,[516] an unsanitary practice compromising the health of inmates. Officers, however, denied such treatment: “When we suspect a prohibited article, we carry out a search. We look under beds, in hidden places. We don’t undress physically, but we do rub down. We never look inside bodily cavities, it is against human rights.”[517]

Cell Captain “Justice”      

The captains are police in the cells—what they do in the cells, I don’t know. Sometimes they do punish their friends in their cells—I don’t know how they do it. They have their own court, without the officers involved.
– Officer in charge, Mumbwa Prison, October 5, 2009

Despite the instances of officer punishment described above, the majority of punishments are in fact meted out by “cell captain” inmates, to whom officers have delegated disciplinary authority, to some extent as a result of overcrowding and unwieldy inmate-to-staff ratios. By Zambian law and international standards, “[n]o prisoner shall be employed in any disciplinary capacity.”[518] The government maintains responsibility for abuses conducted by inmates with government acquiescence. In the cell, however, captains function as the ultimate authority: “Captains are the rule of law in the cell. They tell you when to stand, when to talk. They prohibit fighting or verbal abuse. They set the urination procedure, and make sure people take baths.”[519]

The prisons are currently understaffed. While all officers in charge reported that an ideal staff-to-inmate ratio would be one to five, this ratio was not achieved at any of the prisons we visited.[520] “We have 900 more inmates than we are supposed to have. The prison is six times more crowded than its original design,” said the officer in charge at Lusaka Central. Inmate cell leaders “protect” other inmates and “ensure discipline” by “serving as the officers’ eyes and ears.” He admits that “this is not a preferred correctional method,” but due to overcrowding and “an ever-rising number of inmates,”[521] he is left with little choice. “I have a staff shortage,” the officer in charge at Mumbwa informed us—“it leads to problems.”[522] Throughout the prison system as a whole, prison staffing has remained at 1,800 since 1954, and has not kept pace with corresponding increases in the prison population.[523]

Low staffing numbers have effectively led to the adoption of a parallel system of justice dispensed by inmates. A progressive “stage” system of inmate elevation is established by law, and allows prisoners to receive special privileges based on good behavior or leadership.[524] Cell captains within each cell are drawn from among the “blueband” category; “masters” in the fields are also bluebands.[525]

Officers in charge differed on the extent to which cell captains are accorded the privilege of inmate discipline. The officer in charge at Kamfinsa informed us that, while there are “not enough staff to supervise the inmates,” “inmates are not permitted to punish other inmates.”[526] The officer in charge at Choma agreed that “the cell captains have power to control fellow inmates by reporting offences such as cigarette smoking in the cells, which is forbidden. The cell captains do not have powers to discipline or punish other inmates.”[527] However, the officer in charge at Mukobeko admitted that cell captains could discipline other inmates for minor offences by instructing the offenders to clean toilets or prison surroundings.[528] The officer in charge at Mumbwa was most direct: “The captains are police in the cells—what they do in the cells, I don’t know. Sometimes they do punish their friends in their cells—I don’t know how they do it. They have their own court, without the officers involved.”[529]

Untrained, poorly supervised and invested with immense authority, cell captains wield their power arbitrarily over other inmates, resulting in prisoner exploitation and widespread abuse. As Keith, 32, described, “the cell captain maintains discipline on the inside....There is a division of labor here: in the cells, the captains are the leaders.”[530] There is a set of “unwritten rules” for which captains impose sentences in the cell.[531] Cell captains in some facilities hold night-time “courts” in their cells, with a trial in front of the other inmates,[532] where they administer “justice” in the form of beatings or other punishments. According to Chiluba, 32:

At night we also have judges and police officers in the cells. The prison officers tolerate. Cell captains, they try to beat us using heavy shoes, and tell us that “if you report, we’ll kill you in the night and tell the prison officers that you died.” The court process takes 30 minutes. They can also give cleaning punishments. Offenses include quarrelling and fighting.[533]

According to one detainee, the outcome of these court sessions is never in doubt: “People are always found guilty.”[534]

The forms of punishment administered by cell captains vary. Most common inmate-inflicted punishments include cleaning, fetching water, or sleeping in a less desirable area of the cell.[535] Inmates also routinely reported frequent corporal punishment inflicted by cell captains.[536] Though a few inmates claimed that cell captains do not beat prisoners[537] and one captain at Mwembeshi told us “we don’t punish them, we try to explain to them the importance of cleaning the cell,”[538] the vast majority of inmates reported that cell captains did administer corporal punishment. Kennedy—a remandee—reported that the cell captains use whips, belts, or electric cable to beat other inmates, usually 10-20 times.[539] Another inmate at Lusaka Central said that he had witnessed canings with a pipe meted out by cell captains, in some cases punishing attempted rape.[540] Albert, 30, reported:

In the cell, there are the voiceless and there are the privileged...Special stages would order the beating if there is sodomy inside or someone is found with drugs. They would be beaten with a hosepipe, with shoes. After I have seen inmates bleeding from the skull, who are taken to the clinic to get painkillers.[541]

Showing his scars, Martin, 39, told us: “My fellow inmates, the bluebands, they beat us hard for no reason. We cannot complain to prison officers because they do not allow us to complain. They subject us to beatings in lock up when the guards are not there. It’s dangerous to fight back, they can kill you.”[542] Another inmate at Mumbwa reported that remandees are whipped with a cane by convicts, and that he once was stoned by a captain when he asked to go to the toilet.[543] At Mumbwa, we also heard a report that one inmate tried to escape from the open farm camp and was beaten almost to death by cell captains. Rendered blind by his injuries, he was at the clinic in town.[544]

Often, such beatings are conducted at the instigation of officers, who incite cell captains to do what they cannot, as a way of subverting prohibitions on officer-inflicted corporal punishment. Moses, 24, noted, “the officers don’t beat us except [in cases of] sodomy, just the cell captains do. But they know the captains beat us, and they say, ‘that is my captain.’”[545] 

International standards require that “every prisoner shall have the opportunity each week day of making requests or complaints to the director of the institution or the officer authorized to represent him” and shall be able to make requests or complaints to the inspector of prisons and central prison administration.[546] Under Zambian law, officers in charge are required to ensure that prisoners who have complaints are able to make them to the officer in charge personally.[547]

While inmates at some facilities reported that they had been able to make complaints to the commissioner of prisons about various aspects of their treatment, officer complicity in cell captain abuse means that inmates do not have immediate recourse when they are abused. One inmate at Mumbwa, with swollen hands, told us: “I was beaten by the captains for complaining too much. This was recent. I can’t complain to the officers as they will tell the captains and then I will be beaten again.”[548] Another inmate at Mumbwa reported being beaten to a prison officer, “who told us we were thieves and have to experience this torture.”[549]

Officer-sanctioned beatings by inmates are particularly virulent when inmates want to punish cases of “sodomy,” and we heard repeated testimony from both inmates and prison officers about the extremely violent attacks that result when an inmate is discovered to have engaged in sexual activity with another inmate. Indeed, said Chiluba, 32, “the whole cell can beat one for sodomy or masturbating”[550]; reported another, “we just beat them.”[551] Keith, 32, described an incident in which consensual sexual partners in the condemned section were discovered, and inmates began to beat those involved.[552] Mumba, 44, was injured at the time of the interview as a result of intervening in another such beating:

As we speak, I have a broken rib right now because we wanted to excise someone and take him to the officers. The man was from another cell—I was told he had committed sodomy. People wanted justice in their own hands. When we tried to take him to the officers, we were attacked by an angry mob. The man was rescued, and rushed into the clinic, but I was beaten....The other partner was beaten in the night. People fear if such activities happen, and want to take the law into their own hands, to make an example of someone as a deterrent. Why the fear? That is a question of every person’s mind. They think that the punishment is too lenient because they think sodomy is wrong. Also there is the HIV issue—they don’t want it to spread in prison.[553]

In some cases, prisoners expressed what they believed to be religious grounds for hostility against homosexuals. “In my religion,” Luc, 36, an immigration detainee at Lusaka Central, told us, “you have to be killed for that.”[554]

Inmate-inflicted beatings can result in serious health consequences. As Chilufya, 29, reported:

Many have need of medical treatment after a beating and one ended up dying after a beating in Chimbokaila [Lusaka Central Prison]. A cell captain came and gave him a beating and he wanted to retaliate with a hoe. After that, all the other captains came and beat him. He complained of chest pains and they kept him here for four days, then took him to the clinic which then referred him to UTH [the University Teaching Hospital]. I learnt later from one of the officers who’s a driver that he’s died.[555]

Other forms of punishment which were reported as having been inflicted by cell captains were more unusual. Peter, a teenager, reported that at Choma, captains and older inmates—at the instigation of officers—beat younger inmates when they complain about the living conditions to outsiders, and make them shout “yes sir” for hours at a time:

When we complain about the living conditions, we are beaten. The captains and older inmates beat us—slapping or punches....The officers tell the captains to beat us. After people come to visit, they call us to ask if we said the living conditions are bad. If we say yes, they beat us. They will call all five of us to ask what we were asked, and they will beat us. When people come to ask [about prison conditions] and [the interviewers] break confidentiality, the captains get to know who said what. They are paraded in the cell, interrogated, and beaten.
Some people complained to the officer in charge and it rolled back to them. We complained to the commissioner when he passed through, but later on we were beaten for that. I was given the punishment of shouting “inde-e bwana mukubwa,” [yes, sir] for four hours. The guards are the ones with the problems, not the captains. The guards come to talk to the captains, say that we are dirtying our image—we are put “on lecture” [standing on the toilet in the cell for four hours, shouting “yes, sir,” with beatings if you stop]. If you don’t shout, you are beaten. They ask you to bend, and they beat you on your upper back. We were given instructions a long time ago—when visitors come, don’t make a matter of the living conditions....There is nothing good about this place, the only good thing about this place is getting out.[556]

Other unusual punishments also exist: At Mwembeshi, Jonathan, 35, reported that “in winter, the captains will take you to the pump and pour water on you and then beat you in the cold. It is an all day torture because your clothes are cold and wet.”[557] Mangazi, 37, at Mumbwa, said that another punishment consisted of holding a water container over one’s head for two hours, and being beaten if one drops it.[558]

Inmates accused of beatings, especially in cases of suspected same-sex sexual activity, appear to be rarely punished.[559] While some officers in charge seem to fulfill their function as a complaint mechanism, by accepting confidential complaints, investigating and punishing the offender, others do not. The officer in charge at Mumbwa admitted that cell captains do beat other inmates—“it is nature when they provoke each other—that is normal.” However, she claimed that while cell captains may be demoted if they are discovered by the officers, this has happened “not a lot.”[560] The deputy officer in charge at Mumbwa informed us that captains are generally not allowed to beat inmates, but when the prison officer is far away, they can in private; captains are generally not punished.[561]

Hard Labor

At farm, I dig drains with a pick. I get very bad chest and body pains. Sometimes I come to a place where I feel I am dying.
– Aaron, 26, HIV-positive inmate, Choma Prison, October 8, 2009

Inmate and officer abuse of power were particularly evident at the prisons we visited with associated farm facilities, where inmates’ sentences to hard labor resembled a form of slave labor through a total lack of payment, beatings in the fields by the cell captains (referred to by inmates as “masters”) when an inmate was perceived to work too slowly, no water or toilet facilities, and forced labor at officers’ personal farms after completing work at the prison farm.

International standards on work require that “prison labour must not be of an afflictive [internationally causing distress] nature.”[562] International standards further specify that the “maximum daily and weekly working hours of the prisoners shall be fixed by law or by administrative regulation,” and shall leave one rest day a week and sufficient time for education and rehabilitation activities.[563] Zambian law requires that prisoners not be required to do any labor on Sundays.[564] The conditions of the hard labor at farm prisons are detrimental to prisoners’ health and do not meet Zambian and international law and standards.

Prisoners routinely work every day of the week.[565] The officer in charge at Mumbwa confirmed that inmates work eight hours a day, seven days a week.[566] Noah, 32, at Mumbwa described the conditions of such work:

It is a marathon—you are not supposed to stop and stretch. If they see you do that, you are in trouble. You cannot drink water unless it’s time, even if you are very thirsty. The ground is hard and hard to dig. If you take a break, the captains will shout at you. They want to force you to do work, and only at designated times can you rest. Otherwise, they are always on you. At times, some of the captains may shout and yell at you—others may go to the extent to whip you. They tell us, “you criminal, a criminal is not supposed to get tired—continue working.”[567]

Chibesa, 27, at Mwembeshi, described similar hard labor conditions:

We work all day without food. That is why people run away. Recently five tried to escape. There is no opportunity to take a bath after the work day. Sometimes we bathe only two times a week. When you are working in the fields and all hot and dusty and you ask for a drink of water, the officer tells the captain to beat you. This happens repeatedly. Two weeks ago, someone’s feet started swelling and they said he was lying. They took him to the hospital and after two days he died. We are suffering. Even on Sunday they still have to work. They only let us stop for the visiting hour—they let us clean up and our family thinks everything is ok. But we are suffering.[568]

While PRISCCA, ARASA, and Human Rights Watch did not visit a farm prison where women were engaged in hard labor, we heard from a former inmate at Mukobeko that female prisoners incarcerated there face many of the same challenges as men engaged in hard labor: Female prisoners facing hard labor are treated  “like slaves” by the officer in charge, being made to clean her house and wash her clothes; and prisoners are forced to work every day, often at the officer in charge’s farm, without ever eating any of the produce that they have “sweated for.”[569]

The complete unavailability of water for inmates doing hard labor in the hot sun all day is an especially serious health concern: The officer in charge at Mwembeshi admitted “we ration water,” but also claimed that “the captains go and draw water for the inmates when they need it from the water pipe.”[570] Repeatedly from inmates, we heard that water was not provided. Reported one, “when we are out in the fields, there are some boreholes, but the captains refuse to fetch water for the prisoners.”[571] “We are not given a chance to drink water unless the officer is kind and you can beg them. Often we work eight straight hours without water,” said Mwelwa, at Choma.[572] An inmate at Mwembeshi reported that: “The only water is put at the end of the field and we can only drink if we finish our work. But then they move it again so by the time you get to the end, it has been moved. One guy fainted last week due to heat and lack of water.[573]

Hard labor poses particular health problems for some HIV-positive prisoners. While by Zambian law, medical officers are ordered—where practicable—to examine every prisoner before the prisoner is made to do work,[574] some HIV-positive inmates are still made to work in the fields despite a weakened health condition.[575] At Mumbwa, Semba, 34—a remandee—reported: “Everyone must work, even those that are sick. The labor may consist of breaking stones for three to four hours a day. There is no payment.  Both remandees and convicts must work.”[576] 

Inmates serving sentences for hard labor are also taken outside the prison to work at individuals’ farms. Furthermore, inmates at Mumbwa and Mwembeshi repeatedly reported having to work at some of the prison officers’ personal fields:

If there is no urgent work Monday through Saturday or even Sunday, the prison officers take us to their own fields. In the rainy season, we knock off at 13 hours—and in the afternoon, we have to go to work in the officers’ fields, they divide the numbers. The officer in charge is not aware of some of these things. He is a new officer in charge, and seems to be a very good man. But the officers use their hands to beat us.[577]

While the officer in charge at Mwembeshi reported that inmates do not work on Sundays, or on holidays,[578] inmates claim that working (without pay) in the officers’ fields in the afternoons or on Sundays is routine: “In the officers’ fields, you do the same work you normally do. We go normally every day. The officers go with you, say it is time for ‘wenga wenga’—it means after you have finished the work of the government, you have to go for the officers’ work.”[579]

Under Zambian law, prisoners are to be paid their accumulated earnings upon release[580] and are eligible for payment when the commissioner authorizes the introduction of an earnings scheme in any prison.[581] However, the schedule of payment for prisoners under such an earning scheme in Zambian law is between one kwacha (US$0.0002) a day and three kwacha ($0.0006) a day.[582] These derisive sums mean that inmates never receive payment for their work. Frederick Chilukutu, the deputy commissioner of prisons informed us that with a one kwacha per day requirement, “if you get it now, what can you use it for? It’s nothing.” Therefore, he explained, since paying prisoners one kwacha per day became “irrational,” the Prisons Service has halted payment entirely, a situation which the he admits needs to be reviewed in order to better provide released inmates with money to sustain and establish themselves outside of prison.[583] Currently, no prisoner ever receives money for work when they leave.[584] Forcing inmates to work in effect without pay is a form of forced labor that violates international norms.

Compounding the already dangerous environment of the farm prisons, in the fields, inmate “masters” are given a free hand to brutally abuse their fellow inmates. From inmates at these prisons, researchers repeatedly heard the same story: “the captain will beat people if they fall behind” while the officers look on and even tell them to do the beating.[585] Indeed, “it’s a regular, daily event that we are beaten.”[586] From the beginning of the day, when the captains call out for labor, walking through the group with whips,[587] to the fields—when inmates fashion whips out of tree branches—beating is routine. Kaila, 20, reported that at the Mumbwa open farm prison a master beat him “all the time...for no reason” with the officers watching. “It’s just cruelty,” he concluded. Attempts to complain to the officer in charge had not had lasting effect.[588]

These beatings were confirmed by the masters themselves,[589] one of whom reported that “the officers don’t let you beat too much” but went on to admit that he “would beat the inmates badly sometimes”[590] and that “we are permitted to beat people in the fields.”[591] While one captain posited that brutality had improved due to human rights education, he admitted that other captains wanted to “run the prison in the old way, as they did 10 years ago when beating was happening here, there, everywhere.”[592] Festus, 35, an inmate at Mwembeshi, remarked, “I was chosen to supervise but refused because I feel pity.”[593]

Officers are routinely complicit in this abuse, and in fact sometimes order it.[594] Despite the fact that the officer in charge at Mwembeshi had told the captains not to beat their fellow inmates, an inmate reported that “the officer will force the captain to beat [inmates in the fields] if they are too tired to move.”[595] Jacob, 26, another inmate at Mwembeshi, reported:

The officers see—they are the ones who instruct the masters. They say “tunga nyeleti.” That means—how can I say it?—“push the needle.” It means you have to be beaten, that it’s time for a beating now. The masters beat us because they are instructed.[596]

Even when officers don’t explicitly order the beating in the field, captains abusing their fellow inmates are not decisively punished.[597] While complaints to a well intentioned officer in charge do sometimes result in disciplinary measures against captains who have been their fellow inmates,[598] after complaints, “there are retaliations in the field” by the captains.[599]

[460] UDHR, art. 5; ICCPR, art. 7; Convention on the Rights of the Child, article 37; Convention Against Torture, arts. 11 and 16; Body of Principles, prins. 1 and 6; Code of Conduct for Law Enforcement Officials, para. 5; Constitution of Zambia, art. 15. Juveniles are particularly protected. The Beijing Rules, para. 17.3.

[461] UN Human Rights Committee, “Concluding Observations of the Human Rights Committee: Zambia,” U.N. Doc. CCPR/C/79/Add.62 ( 1996), http://www.unhcr.org/refworld/type,CONCOBSERVATIONS,,ZMB,3ae6b0324,0.html (accessed March 3, 2010), para. 12.

[462] UN Human Rights Committee, “Concluding Observations of the Human Rights Committee: Zambia,” U.N. Doc. CCPR/C/ZMB/CO/3 (2007), http://www.unhcr.org/refworld/country,,,CONCOBSERVATIONS,ZMB,456d621e2,46d277762,0.html (accessed March 3, 2010), para. 20.

[463] UN Standard Minimum Rules for the Treatment of Prisoners, paras. 28-32.

[464] UN Human Rights Committee, Communication No. 1184/2003: Australia 27/04/2006, March 2006, para. 9.4.

[465] Prisons Act, sec. 90-94.

[466] Criminal Procedure Code (Amendment) Act No. 9 of 2003; Penal Code (Amendment) Act No. 10 of 2003; Prisons (Amendment) Act No. 16 of 2004.

[467] UN Standard Minimum Rules for the Treatment of Prisoners, paras. 35-36.

[468] At the time of our visit, the penal block was non-operational at Lusaka Central, Mumbwa and Choma.

[469] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[470] Prisons Act, secs. 95 and 97-98.

[471] Prisons Rules, secs. 40(1)(b) and 170; UN Standard Minimum Rules for the Treatment of Prisoners, para. 32(1).

[472] PRISCCA, ARASA, and Human Rights Watch interview with Mumba, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Joshua, Lusaka Central Prison, October 3, 2009; PRISCCA, ARASA, and Human Rights Watch interview with  Aaron, Choma Prison, October 8, 2009; PRISCCA, ARASA, and Human Rights Watch interview with MM-05-04, Mumbwa Prison, October 5, 2009.

[473] Inmates at Mukobeko reported that inmates are held in the penal block up to 30 days. PRISCCA, ARASA, and Human Rights Watch interview with Chishala, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Elijah, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Mutale, Mukobeko Maximum Security Prison, September 30, 2009. Inmates at other facilities reported shorter maximum periods in the penal block. PRISCCA, ARASA, and Human Rights Watch interview with Joshua, Lusaka Central Prison, October 3, 2009 (five days); PRISCCA, ARASA, and Human Rights Watch interview with Albert, Lusaka Central Prison, October 3, 2009 (one day); PRISCCA, ARASA, and Human Rights Watch interview with Rodgers, Lusaka Central Prison, October 3, 2009 (one week); PRISCCA, ARASA, and Human Rights Watch interview with Andrew, Mumbwa Prison, October 5, 2009 (one day); PRISCCA, ARASA, and Human Rights Watch interview with Ngwila, Choma Prison, October 8, 2009 (three days); PRISCCA, ARASA, and Human Rights Watch interview with Anderson, Choma Prison, October 8, 2009 (one day); PRISCCA, ARASA, and Human Rights Watch interview with Aaron, Choma Prison, October 8, 2009 (three days); PRISCCA, ARASA, and Human Rights Watch interview with Tasila, Choma Prison, October 8, 2009 (three days); PRISCCA, ARASA, and Human Rights Watch interview with KT-08-04, Choma Prison, October 8, 2009 (one day); PRISCCA, ARASA, and Human Rights Watch interview with Peter, Choma Prison, October 8, 2009 (one week).

[474] PRISCCA, ARASA, and Human Rights Watch interview with Douglas, Mukobeko Maximum Security Prison, September 29, 2009. By contrast, the penal diet prescribed by Zambian law takes quite a different form. Penal diet consists of 454 grams of maize meal, millet meal or bread, salt, and unlimited water. Prisons Rules, “Prison Rations: Part II.” Reduced diet consists of 340 grams of maize meal, millet meal, brad, or porridge, fresh vegetables, beans or cheese, oil, salt, and unlimited water. Prisons Rules, “Prison Rations: Part III.”

[475] PRISCCA, ARASA, and Human Rights Watch interview with Henry, Lusaka Central Prison, October 4, 2009.

[476] PRISCCA, ARASA, and Human Rights Watch interview with Bernard, Mukobeko Maximum Security Prison, September 29, 2009.

[477] See, e.g., PRISCCA, ARASA, and Human Rights Watch interview with Chishala, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Douglas, Mukobeko Maximum Security Prison, September 29, 2009.

[478] PRISCCA, ARASA, and Human Rights Watch interview with Lawrence, Mukobeko Maximum Security Prison, September 30, 2009.

[479] PRISCCA, ARASA, and Human Rights Watch interview with Mumbwa, Mukobeko Maximum Security Prison, September 30, 2009.

[480] PRISCCA, ARASA, and Human Rights Watch interview with Orbed, Mukobeko Maximum Security Prison, September 30, 2009.

[481] PRISCCA, ARASA, and Human Rights Watch interview with Winston, Mukobeko Maximum Security Prison, September 29, 2009.

[482] PRISCCA, ARASA, and Human Rights Watch interview with Francis Kasanga, deputy officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[483] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[484] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Mundianawa, officer in charge, Kamfinsa Prison, October 1, 2009.

[485] PRISCCA, ARASA, and Human Rights Watch interview with Chris, Mukobeko Maximum Security Prison, September 29, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Patrick, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Aaron, Choma Prison, October 8, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Chishala, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with RS-29-04, Mukobeko Maximum Security Prison, September 29, 2009.

[486] PRISCCA, ARASA, and Human Rights Watch interview with Samuel, Kamfinsa Prison, October 1, 2009.

[487] PRISCCA, ARASA, and Human Rights Watch interview with Mutale, Mukobeko Maximum Security Prison, September 30, 2009.

[488] PRISCCA, ARASA, and Human Rights Watch interview with Henry, Lusaka Central Prison, October 4, 2009.

[489] PRISCCA, ARASA, and Human Rights Watch interview with Patrick, Kamfinsa Prison, October 1, 2009.

[490] PRISCCA, ARASA, and Human Rights Watch interview with Oscar, Lusaka Central Prison, October 3, 2009.

[491] PRISCCA, ARASA, and Human Rights Watch interview with KT-04-01, Lusaka Central Prison, October 4, 2009 (“The guards used to ask other inmates to beat people, but we complained to the Human Rights Commission and it stopped. They fear we will tell the outside, so it has stopped.”).

[492] PRISCCA, ARASA, and Human Rights Watch interview with KT-29-03, Mukobeko Maximum Security Prison, September 29, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Nickson, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Reynard, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-01-01, Kamfinsa Prison, October 4, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-04-07, Lusaka Central Prison, October 4, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-04-06, Lusaka Central Prison, October 4, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-06-04, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Gideon, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Catherine, Lusaka Central Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Festus, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Clive, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Choma Prison, October 8, 2009.

[493] Juveniles at Mukobeko reported being made to draw water for the TB patients as punishment. PRISCCA, ARASA, and Human Rights Watch interview with Chris, Mukobeko Maximum Security Prison, September 29, 2009. A female prisoner at Kamfinsa reported digging and weeding as punishment for fighting. PRISCCA, ARASA, and Human Rights Watch interview with NCI-02-01, Kamfinsa Prison, October 2, 2009. Men at Lusaka Central reported manual work as punishment including cleaning toilets and sweeping. PRISCCA, ARASA, and Human Rights Watch interview with Rodgers, Lusaka Central Prison, October 3, 2009. Others reported having to dig pit latrines or sweep. Female inmates at Lusaka Central reported having to water the plants and to clean the toilets as punishment for refusing to dance as part of newcomer orientation rituals. PRISCCA, ARASA, and Human Rights Watch interview with KT-04-04, Lusaka Central Prison, October 4, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Annie, Lusaka Central Prison, October 4, 2009.

[494] The UN Standard Minimum Rules for the Treatment of Prisoners specify that “[t]here shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” UN Standard Minimum Rules for the Treatment of Prisoners, para. 6(1). See also Body of Principles, prin. 5 (“These principles shall be applied to all persons within the territory of any given State, without distinction of any kind, such as race, colour, sex, language, religion or religious belief, political or other opinion, national, ethnic or social origin, property, birth or other status.”); Basic Principles for the Treatment of Prisoners, prin. 2 (“There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”).

[495] PRISCCA, ARASA, and Human Rights Watch interview with Mary, Lusaka Central Prison, October 4, 2009.

[496] PRISCCA, ARASA, and Human Rights Watch interview with George S. Sikaonga, officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[497] PRISCCA, ARASA, and Human Rights Watch interview with Joyce Simukali, prison officer, Kamfinsa Prison (Women’s), October 2, 2009.

[498] PRISCCA, ARASA, and Human Rights Watch interview with Beatrice Munankopa, deputy officer in charge, Lusaka Central Prison, October 4, 2009.

[499] In 2007, the UN Human Rights Committee, in its concluding observations in Zambia, welcomed the abolition of corporal punishment through amendments to the Penal Code, Criminal Procedure Code, the Prisons Act, and the Education Act but regretted lack of information on the practical implementation of this abolition. UN Human Rights Committee, “Concluding Observations of the Human Rights Committee: Zambia,” 2007, p.2. The Committee on the Rights of the Child in 2003 remained “concerned that corporal punishment is still practised and accepted in schools, families, and care and juvenile detention institutions.” Committee on the Rights of the Child, “Concluding Observations: Zambia,” U.N. Doc. CRC/C/15/Add.206 (2003), http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/1a481056be1936eac1256da5004d40ea/$FILE/G0342771.pdf (accessed March 3, 2010), para. 56.

[500] PRISCCA, ARASA, and Human Rights Watch interview with Gerald, Mukobeko Maximum Security Prison, September 30, 2009.

[501] PRISCCA, ARASA, and Human Rights Watch interview with Ngwila, Choma Prison, October 8, 2009.

[502] PRISCCA, ARASA, and Human Rights Watch interview with Clifford, Kamfinsa Prison, October 1, 2009.

[503] PRISCCA, ARASA, and Human Rights Watch interview with Chishala, Mukobeko Maximum Security Prison, September 30, 2009.

[504] PRISCCA, ARASA, and Human Rights Watch interview with NCI-01-02, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-01-04, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with NCI-02-01, Kamfinsa Prison, October 2, 2009.

[505] PRISCCA, ARASA, and Human Rights Watch interview with NCI-02-01, Kamfinsa Prison, October 2, 2009.

[506] PRISCCA, ARASA, and Human Rights Watch interview with KT-06-03, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Jacob, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Clive, Mwembeshi Prison, October 6, 2009.

[507] PRISCCA, ARASA, and Human Rights Watch interview with David, Lusaka Central Prison, October 3, 2009.

[508] PRISCCA, ARASA, and Human Rights Watch interview with Erick, Lusaka Central Prison, October 3, 2009.

[509] PRISCCA, ARASA, and Human Rights Watch interview with Ngosa, Kamfinsa Prison, October 1, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Norah, Kamfinsa Prison, October 1, 2009.

[510] PRISCCA, ARASA, and Human Rights Watch interview with Ngosa, Kamfinsa Prison, October 1, 2009.

[511] PRISCCA, ARASA, and Human Rights Watch interview with Annie, Lusaka Central Prison, October 4, 2009.

[512] PRISCCA, ARASA, and Human Rights Watch interview with Agnes, Kamfinsa Prison, October 1, 2009.

[513] PRISCCA, ARASA, and Human Rights Watch interview with KT-08-02, Choma Prison, October 8, 2009.

[514] PRISCCA, ARASA, and Human Rights Watch interview with KT-08-01, Choma Prison, October 8, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-08-03, Choma Prison, October 8, 2009.

[515] PRISCCA, ARASA, and Human Rights Watch interview with Ngosa, Kamfinsa Prison, October 1, 2009. See also PRISCCA, ARASA, and Human Rights Watch interview with Catherine, Lusaka Central Prison, October 4, 2009 (“it make me feel very bad”).

[516] PRISCCA, ARASA, and Human Rights Watch interview with Tandiwe, Lusaka Central Prison, October 4, 2009.

[517] PRISCCA, ARASA, and Human Rights Watch interview with Beatrice Munankopa, deputy officer in charge, Lusaka Central Prison, October 4, 2009.

[518] Prisons Rules, sec. 155; Prisons Act, sec. 5(2). See also UN Standard Minimum Rules for the Treatment of Prisoners, para. 28(1).

[519] PRISCCA, ARASA, and Human Rights Watch interview with Luc, Lusaka Central Prison, October 4, 2009.

[520] At Mukobeko Maximum Security Prison, 72 officers oversee 1731 prisoners, an officer-to-inmate ratio of one to 24. PRISCCA, ARASA, and Human Rights Watch interview with George S. Sikaonga, officer in charge, Mukobeko Maximum Security Prison, September 29, 2009. At Kamfinsa, the staff-to-inmate ratio is one to 12. PRISCCA, ARASA, and Human Rights Watch interview with Patrick Mundianawa, officer in charge, Kamfinsa Prison, October 1, 2009. At Lusaka Central, the officer in charge reported 116 staff members for a population of 1145, a ratio of one to 10. PRISCCA, ARASA, and Human Rights Watch interview with J. Kababa, officer in charge, Lusaka Central Prison, October 3, 2009. At Mumbwa, 36 staff members oversee 354 inmates, a ratio of one to 10. PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009. At Mwembeshi, 51 officers supervise 342 inmates, a ratio of one to 7. PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mwembeshi Prison, October 6, 2009. At Choma prison, 39 staff members supervise 251 inmates (a ratio of one to 6), a number considered by the officer in charge to be insufficient. PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[521] PRISCCA, ARASA, and Human Rights Watch interview with J. Kababa, officer in charge, Lusaka Central Prison, October 3, 2009.

[522] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[523] The Prisons Service has made proposals to increase this number and hopes to increase it to 5,000 in the next three to five years. PRISCCA, ARASA, and Human Rights Watch interview with Frederick Chilukutu, deputy commissioner of prisons, Zambia Prisons Service, October 12, 2009.

[524] Prisons Rules, secs. 117-127.

[525] PRISCCA, ARASA, and Human Rights Watch interview with Godfrey Malembeka, Executive Director of PRISCCA, November 23, 2009.

[526] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Mundianawa, officer in charge, Kamfinsa Prison, October 1, 2009.

[527] PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[528] PRISCCA, ARASA, and Human Rights Watch interview with George S. Sikaonga, officer in charge, Mukobeko Maximum Security Prison, September 29, 2009.

[529] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[530] PRISCCA, ARASA, and Human Rights Watch interview with Keith, Mukobeko Maximum Security Prison, September 29, 2009.

[531] PRISCCA, ARASA, and Human Rights Watch interview with Felix, Mukobeko Maximum Security Prison, September 29, 2009.

[532] PRISCCA, ARASA, and Human Rights Watch interview with Orbed, Mukobeko Maximum Security Prison, September 30, 2009.

[533] PRISCCA, ARASA, and Human Rights Watch interview with Chiluba, Lusaka Central Prison, October 4, 2009.

[534] PRISCCA, ARASA, and Human Rights Watch interview with MM-05-04, Mumbwa Prison, October 5, 2009.

[535] PRISCCA, ARASA, and Human Rights Watch interview with Orbed, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Keith, Mukobeko Maximum Security Prison, September 29, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Felix, Mukobeko Maximum Security Prison, September 29, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Joshua, Lusaka Central Prison, October 3, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Esther, Lusaka Central Prison, October 4, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Bwalya, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Festus, Mwembeshi Prison, October 6, 2009.

[536] PRISCCA, ARASA, and Human Rights Watch interview with Mumba, Mukobeko Maximum Security Prison, September 30, 2009; PRISCCA, ARASA, and Human Rights Watch interview with William, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Oscar, Lusaka Central Prison, October 3, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Kalunga, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with MM-05-04, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Adam, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Johnston, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with RS-01-03, Kamfinsa Prison, October 1, 2009.

[537] See, e.g., PRISCCA, ARASA, and Human Rights Watch interview with Keith, Mukobeko Maximum Security Prison, September 29, 2009.

[538] PRISCCA, ARASA, and Human Rights Watch interview with MM-06-06, Mwembeshi Prison, October 6, 2009.

[539] PRISCCA, ARASA, and Human Rights Watch interview with Kennedy, Lusaka Central Prison, October 3, 2009.

[540] PRISCCA, ARASA, and Human Rights Watch interview with Moono, Lusaka Central Prison, October 3, 2009.

[541] PRISCCA, ARASA, and Human Rights Watch interview with Albert, Lusaka Central Prison, October 3, 2009.

[542] PRISCCA, ARASA, and Human Rights Watch interview with Martin, Mumbwa Prison, October 5, 2009.

[543] PRISCCA, ARASA, and Human Rights Watch interview with RS-05-01, Mumbwa Prison, October 5, 2009.

[544] PRISCCA, ARASA, and Human Rights Watch interview with William, Mumbwa Prison, October 5, 2009.

[545] PRISCCA, ARASA, and Human Rights Watch interview with Moses, Lusaka Central Prison, October 3, 2009.

[546] UN Standard Minimum Rules for the Treatment of Prisoners, para. 36.

[547] Prisons Rules, sec. 15.

[548] PRISCCA, ARASA, and Human Rights Watch interview with Febian, Mumbwa Prison, October 5, 2009.

[549] PRISCCA, ARASA, and Human Rights Watch interview with Kalunga, Mumbwa Prison, October 5, 2009.

[550]PRISCCA, ARASA, and Human Rights Watch interview with Chilua, Lusaka Central Prison, October 4, 2009.

[551]PRISCCA, ARASA, and Human Rights Watch interview with Albert, Lusaka Central Prison, October 3, 2009.

[552] PRISCCA, ARASA, and Human Rights Watch interview with Keith, Mukobeko Maximum Security Prison, September 29, 2009.

[553]PRISCCA, ARASA, and Human Rights Watch interview with Mumba, Mukobeko Maximum Security Prison, September 30, 2009.

[554] PRISCCA, ARASA, and Human Rights Watch interview with Luc, Lusaka Central Prison, October 4, 2009.

[555] PRISCCA, ARASA, and Human Rights Watch interview with Chilufya, Mwembeshi Prison, October 6, 2009.

[556] PRISCCA, ARASA, and Human Rights Watch interview with Peter, Choma Prison, October 8, 2009.

[557] PRISCCA, ARASA, and Human Rights Watch interview with Jonathan, Mwembeshi Prison, October 6, 2009.

[558] PRISCCA, ARASA, and Human Rights Watch interview with Mangazi, Mumbwa Prison, October 5, 2009.

[559] See, for example, PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Mangazi, Mumbwa Prison, October 5, 2009.

[560] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[561] PRISCCA, ARASA, and Human Rights Watch interview with D. Mulenga, deputy officer in charge, Mumbwa Prison, October 5, 2009.

[562] UN Standard Minimum Rules for the Treatment of Prisoners, para. 71(1).

[563] Ibid., para. 75.

[564] Prisons Rules, sec. 156(1).

[565] PRISCCA, ARASA, and Human Rights Watch interview with NCI-06-06, Mwembeshi Prison, October 6, 2009.

[566] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mumbwa Prison, October 5, 2009.

[567] PRISCCA, ARASA, and Human Rights Watch interview with Noah, Mumbwa Prison, October 5, 2009.

[568] PRISCCA, ARASA, and Human Rights Watch interview with Chibesa, Mwembeshi Prison, October 6, 2009.

[569] PRISCCA, ARASA, and Human Rights Watch interview with Catherine, Lusaka Central Prison, October 4, 2009.

[570] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mwembeshi Prison, October 6, 2009.

[571] PRISCCA, ARASA, and Human Rights Watch interview with Rabun, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with MM-08-07, Choma Prison, October 8, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Festus, Mwembeshi Prison, October 6, 2009.

[572] PRISCCA, ARASA, and Human Rights Watch interview with Mwelwa, Choma Prison, October 8, 2009.

[573] PRISCCA, ARASA, and Human Rights Watch interview with Frederick, Mwembeshi Prison, October 6, 2009.

[574] Prisons Rules, sec. 40(1)(a).

[575]PRISCCA, ARASA, and Human Rights Watch interview with NCI-06-05, Mwembeshi Prison, October 6, 2009.

[576] PRISCCA, ARASA, and Human Rights Watch interview with Semba, Mumbwa Prison, October 5, 2009.

[577] PRISCCA, ARASA, and Human Rights Watch interview with Rabun, Mwembeshi Prison, October 6, 2009; see also KT-06-04, Mwembeshi Prison, October 6, 2009.

[578] PRISCCA, ARASA, and Human Rights Watch interview with officer in charge, Mwembeshi Prison, October 6, 2009.

[579] PRISCCA, ARASA, and Human Rights Watch interview with Jacob, Mwembeshi Prison, October 6, 2009; see also PRISCCA, ARASA, and Human Rights Watch interview with Mwamba, Mwembeshi Prison, October 6, 2009.

[580] Prisons Rules, sec. 113.

[581] Ibid., secs. 142 and 143.

[582] Prison Rules, “Third Schedule.”

[583] PRISCCA, ARASA, and Human Rights Watch interview with Frederick Chilukutu, deputy commissioner of prisons, Zambia Prisons Service, October 12, 2009.

[584] PRISCCA, ARASA, and Human Rights Watch interview with KT-06-09, Mwembeshi Prison, October 6, 2009. Prisoners at non-farm prisons who work in carpentry, tailoring, or other workshops also receive no payment for their work. The officer in charge at Mukobeko told us that “in terms of the Act, they are supposed to be paid, but they are paid nothing now, only in colonial times.” PRISCCA, ARASA, and Human Rights Watch interview with George S. Sikaonga, officer in charge, September 29, 2009. The officer in charge at Choma confirmed: “In terms of prison regulations, these prisoners are entitled to payment, but these regulations have not been revisited since colonial times and the monthly entitlement of 30 Ngwe in payment is virtually worthless.” PRISCCA, ARASA, and Human Rights Watch interview with Patrick Chilambe, officer in charge, Choma Prison, October 8, 2009.

[585] PRISCCA, ARASA, and Human Rights Watch interview with MM-06-06, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Gabriel, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Japhet, Mumbwa Prison, October 5, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Francis, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Mwamba, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Ezekiel, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Rabun, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-06-09, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-06-04, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Chilufya, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Linos, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with KT-06-06, Mwembeshi Prison, October 6, 2009.

[586] PRISCCA, ARASA, and Human Rights Watch interview with Chibesa, Mwembeshi Prison, October 6, 2009.

[587] PRISCCA, ARASA, and Human Rights Watch interview with Clifford, Kamfinsa Prison, October 1, 2009.

[588] PRISCCA, ARASA, and Human Rights Watch interview with Kaila, Mumbwa Prison, October 5, 2009.

[589] PRISCCA, ARASA, and Human Rights Watch interview with KT-06-03, Mwembeshi Prison, October 6, 2009.

[590] PRISCCA, ARASA, and Human Rights Watch interview with Francis, Mwembeshi Prison, October 6, 2009.

[591] PRISCCA, ARASA, and Human Rights Watch interview with MM-06-08, Mwembeshi Prison, October 6, 2009.

[592] PRISCCA, ARASA, and Human Rights Watch interview with Francis, Mwembeshi Prison, October 6, 2009.

[593]PRISCCA, ARASA, and Human Rights Watch interview with Festus, Mwembeshi Prison, October 6, 2009.

[594] PRISCCA, ARASA, and Human Rights Watch interview with Robbie, Mwembeshi Prison, October 6, 2009; PRISCCA, ARASA, and Human Rights Watch interview with Aaron, Choma Prison, October 8, 2009.

[595] PRISCCA, ARASA, and Human Rights Watch interview with Ezekiel, Mwembeshi Prison, October 6, 2009.

[596] PRISCCA, ARASA, and Human Rights Watch interview with Jacob, Mwembeshi Prison, October 6, 2009.

[597] PRISCCA, ARASA, and Human Rights Watch interview with Gideon, Mwembeshi Prison, October 6, 2009. See also PRISCCA, ARASA, and Human Rights Watch interview with Rabun, Mwembeshi Prison, October 6, 2009.

[598] PRISCCA, ARASA, and Human Rights Watch interview with Mwisa, Choma Prison, October 8, 2009.

[599] PRISCCA, ARASA, and Human Rights Watch interview with NCI-06-06, Mwembeshi Prison, October 6, 2009. See also PRISCCA, ARASA, and Human Rights Watch interview with Linos, Mwembeshi Prison, October 6, 2009.