Fair trial and the presumption of innocence in Zambia

Abstract

The disregard of the principles of fair trial and the presumption of innocence in Zambia by administrators of criminal justice has led to various Infringements and violations of fundamental human rights of suspects, which, due to their inherent nature, ought to be respected and promoted. Hence, where there is such violation of human rights, there is proof that the principles of the constitution, which is the grund norm of the land are not being upheld by those who hold power to administer criminal justice such as the courts and the police, the result being that the innocent suffer as they are, among other things, wrongly convicted.

It is against the foregoing that this study evolves. Zambia, like many other countries has taken positive steps to secure the rights of suspects by becoming a party to several international instruments, such as the International Covenant on Civil and Political Rights (1966), the Convection Against Torture (1984) and so on.

Hence the tenet of this study is focused mainly on identifying the weaknesses if any, of the law in Zambia relating to the right to fair trial and the presumption of innocence, identifying ways in which miscarriages of justice can be avoided by those vested with power to administer and ensure criminal justice and generally that the rights of suspects are respected.