At least 22 people have died in police custody this year, according to human rights organisations.
This is amid fresh pressure on the National Police Service to act on Inspector-General Douglas Kanja’s directive holding officers personally accountable for deaths in detention.
Independent Medico-Legal Unit (IMLU) reported documenting 20 deaths in police custody this year, while Vocal Africa, another human rights organisation, reported documenting at least 22 since the year began.
IMLU said its forensic work on 18 of the 20 cases showed that eight victims died from suffocation caused by hanging or neck compression, while five died from severe physical violence and blunt-force trauma.
Five others died from underlying medical conditions that IMLU said deteriorated because of neglect, poor detention conditions and lack of timely medical care.
IMLU said the directive was an important step towards ending impunity and restoring public confidence in the police.
“The decision marks a necessary and firm step towards curtailing custodial impunity, restoring public trust, and upholding the fundamental constitutional rights to life, human dignity, and protection from cruel or degrading treatment while in state custody,” the organisation said in a statement on Friday.
IMLU said deaths in detention amounted to a serious human rights violation because the State has a duty to protect people under its care.
Of the 20 cases recorded this year, 19 victims were adults—18 men and one woman—aged between 25 and 64. The other victim was an infant boy who was accompanying his mother in custody.
The autopsies, it said, established three main causes of death.
Eight victims died from suffocation caused by hanging or neck compression, while five died from severe physical violence and blunt-force trauma, including serious head injuries.
Another five died from underlying medical conditions, including severe hypertension, diabetes, ulcers and internal infections, which IMLU said deteriorated because of neglect, poor detention conditions and lack of timely medical care.
The organisation also provided family therapy to relatives of 13 victims, helping them deal with grief, post-traumatic stress disorder and acute anxiety.
This is as IMLU and Vocal Africa welcomed Mr Kanja’s directive that officers responsible for detainees be held to account whenever a person dies in police custody.
Mr Kanja has directed that the Occurrence Book handler, cell sentry and duty officer be immediately interdicted whenever a suspect dies in custody, pending investigations.
He has also warned police commanders that they will be held personally accountable for crimes committed in their areas where poor supervision or inaction contributes to the incidents.
“Any commander at any level who is found to tolerate goonism or is indecisive in dealing with criminals will be held to account for his or her inaction,” Mr Kanja said.
Vocal Africa said the Inspector-General’s declaration that officers would have to “carry their own cross” when people die in their custody was an important acknowledgement of individual responsibility.
“If officers are to ‘carry their own cross’, then officers credibly implicated in unlawful killings, torture or other criminal conduct must be investigated and, where sufficient evidence exists, arrested and prosecuted,” Vocal Africa said.
It said accountability should not amount to transferring officers from one station to another or merely subjecting them to internal disciplinary proceedings.
The organisation also called for accountability at command level where evidence points to failures in supervision or attempts to conceal wrongdoing.
“Station commanders have a responsibility for what happens inside facilities under their command,” it said.
Vocal Africa said the 22 deaths it had documented this year were particularly worrying because of the number of cases initially reported as suicides inside police cells.
“Every such death must be subjected to an immediate, independent and credible investigation,” the organisation said.
It called for the installation of CCTV cameras in all police cells and custody areas across the country.
The cameras, it said, should operate around the clock, with footage securely preserved and safeguards put in place to prevent officers from switching off, deleting, destroying or interfering with recordings.
“Every person who enters police custody becomes the responsibility of the State,” Vocal Africa said, adding that police have a duty to protect the person’s life, dignity and physical wellbeing regardless of the allegations against them.
IMLU has similarly called for prompt and independent investigations into all deaths and cases of torture in places of detention.
It wants oversight bodies, including the Independent Policing Oversight Authority (IPOA), to have unhindered access and adequate resources to establish the truth and facilitate prosecutions.
IMLU also wants the National Coroners Service Act operationalised to provide for independent forensic autopsies, cause-of-death inquiries and inquests free from police interference.
“The constitutional right to life does not disappear because somebody is arrested. Neither does it disappear because somebody attends a demonstration,” the organisation said.
Vocal Africa challenged IPOA to become more assertive in investigating police killings and communicating with affected families.
It said families should not have to wait years for investigations into the deaths of their relatives.
“Justice delayed in cases of police killings does more than hurt individual families. It entrenches a culture of impunity,” the organisation said.
IMLU said it would continue monitoring implementation of Mr Kanja’s directive and supporting victims and survivors of police misconduct.
“These disturbing figures and forensic findings underscore a systemic crisis that demands urgent and decisive action,” IMLU said.
