Zambia: List of all those accused of participating in or arrested in connection with the 28 October 1997 coup d'état attempt, including escapees from detention, those still sought by the authorities, trials or releases; whether death sentences were carried out, and the position of the current government with respect to coup plotters or suspects

A complete list of the people who participated in the 28 October 1997 coup d'état attempt could not be obtained among the sources consulted by the Research Directorate. However, the following names of some people who were arrested and detained, and later released, or tried may be of interest:

A group of soldiers led by Captain Steven Lungu (alias Capt. Solo) and Captain Jack Chiti staged a coup d'état on 28 October 1997, when they took over a radio station in Lusaka (Africa Confidential 5 Dec. 1997; ibid. 7 Nov. 1997; ARB 25 Oct. 1999, 13703).

In the aftermath of the aborted coup d'état, the government of Zambia declared a state of emergency and several people were reportedly arrested and detained (Africa Confidential 7 Nov. 1997, 3; Amnesty International 2 Mar. 1998, 6; Human Rights Watch May 1998, 25).

Human Rights Watch states that in all, 104 people were detained in the months following the coup d'état; however, others were subsequently released, and by May 1998, 82 people remained in detention (May 1998, 3).

Arrests and Detentions

Those arrested and detained included Major Bellington Mukoma, Captain Steven Lungu, Captain Jack Chiti (ARB 25 Oct. 1999, 13703; HRW May 1998, 35); as well as Mananse Baldwin, Nelson Mbuzi, Bilex Mutale, Joseph Sichangala, Kennedy Simuntala and Fisher Tapisha (ibid.).

In addition, prominent opposition politicians such as Dr. Kenneth Kaunda, the former head of state, and leader of the United National Independent Party (UNIP); senior member of the ruling Movement for Multiparty Democracy (MMD), and National Chairperson for Women's Affairs, Princess Mirriam Nakitindi Wina; and Dean Mung'omba of the Zambian Democratic Congress (ZDC); were arrested and charged with plotting to overthrow the government of President Chiluba (Africa Confidential 5 Dec.1997, 5-6, ibid. 7 Nov. 1997, 3; ARB 25 Oct. 1999, 13703; ibid. 26 Jan. 1998, 12982; Amnesty International 1998, 368).

Also detained in connection with the attempted coup d'état were personal secretary to Dean Mung'omba, Priscilla Chimba; Frederick Mwanza, a 67 year-old journalist, author and UNIP member, who was released on 25 February 1998; and UNIP's head of physical security, Moyce Kaulung'ombe (HRW May 1998, 29-30).

Releases

According to Amnesty International, Dr. Kaunda, who was arrested on Christmas day, "spent four months under house arrest with strict limitations on communication and access to visitors," however; he and Moyce Kaulung'ombe "were released in June after charges of concealing knowledge of treason were withdrawn" (1999, 368). Dean Mug'omba and Princess Nakatindi Wina were charged with treason, but a Lusaka High Court released them on bail on 15 December 1997 (ARB 25 Jan. 1999, 13379). However, Amnesty International indicates that they were released "for lack of evidence" but does not mention bail (1999, 368).

Convictions

Africa Research Bulletin states that Major Musonda Kangwa was convicted for "misprision of treason" and sentenced to 21 years of imprisonment (25 Oct. 1999, 13703). Acquittals

The following people : Major Bilex Mutale, Samson Mvula, Rodrick Ngoma, Keegan Ng'uni, Authony Kachingwe, James Mukwasa and Green Nkandu are reported to have been acquitted (ibid.).

Deaths

Those who died in prison before trial and or conviction include Niven Manjimela (ibid.), and Corporal Robert Chiulo who died on 7 November 1997 at Lusaka's Mina Soko Military Hospital (HRW May 1998, 4). Although Zambian authorities attributed the death of Corporal Chiulo to malaria, Human Rights Watch and Amnesty International point out that he died from injuries sustained during torture (ibid.; Amnesty International 2 Mar. 1998).

Trials

A 25 February 1998 IPS reports states that 74 people accused of plotting to overthrow the government of President Chiluba appeared before magistrate Getrude Chawatama. However, Captain Lungu was absent from the court because "due to poor health" (IPS 25 Feb. 1998). "Opposition ZDC leader Mung'omba, Captain Jackson Chiti, Major Billex Mutale, Major Bellington Nkoma and Baldwin Manase were charged with the overt act of conspiring to overthrow the Zambian government between July 1, 1995 and October 28, 1997" (ibid.). Captain Chiti was "specifically charged with the offence of mobilizing 69 soldiers from different bases of the Zambian Army and commandeering 11 armoured vehicles for the purpose of forming an illegal army to overthrow the Zambian government" (ibid.).

Amnesty International points out that during the trial, suspects alleged that they had been subjected to tortured in the course of their detention (Amnesty International July 2001, 14). After hearing evidence from 84 of the original detainees, as well as 36 police officers, 10 prison officers and eight medical doctors, the Commission of Inquiry set up by the government to investigate the allegations

concluded that torture had been used against suspects, in the form of beatings, burning, electric shocks, enforced painful postures, sexual harassment and suffocation. There was also mental torture, taking the form of simulated execution, solitary confinement, degradation, insults, threats and witnessing torture (ibid.).

For details of torture endured by the coup suspects, please see the following reports: Human Rights Watch, Zambia: No Model for Democracy: Continuing Human Rights Violations, May 1998, pages 31-35; and Amnesty International, Zambia: Misrule of Law: Human Rights in a State of Emergency, 2 March 1998, pages 6-9, available at Regional Documentation Centres.

In 2001, Amnesty International reported that the treason trial of people accused of involvement in the 1997 attempted coup culminated in the High Court passing 59 death sentences (July 2001, 14).

In December 2002, defence lawyers for 54 accused soldiers reportedly appealed to the Supreme Court against the treason conviction arguing that "the High Court erred in sentencing the convicts using group evidence instead of trying them individually" (The Times of Zambia 20 Dec. 2002).

However, by the end of 2002, "appeals in the cases of 59 military personnel detained during a 1997-98 state of emergency and later sentenced to death for involvement in an attempted coup were still ongoing" (Country Reports 2001 2002, 740).

Reports of escapees and of death sentences carried out in connection with the

28 October 1997 coup d'état attempt could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Africa Confidential [London]. 5 December 1997. Vol. 38. No. 24. "Zambia: Post-coup Purge: Hardlines Around President Chiluba are Using the Failed Coup to Settle Scores."

_____. 7 November 1997. Vol. 38. No. 22. "Zambia: Captain Solo Speaks: An Amateurish coup Attempt Strengthens the Hands of the MMD Hardliners."

Africa Research Bulletin: Political, Social and Cultural Series (ARB). 25 October 1999. Vol. 36, No. 9. "Zambia: Death Sentences."

_____. 25 January 1999. Vol. 35. No. 12. "Treason Suspects Given Bail."

_____. 26 January 1998. Vol. 35. No. 1. "Zambia: Kaunda Charged."

Amnesty International. July 2001. Zambia: Time to Abolish the Death Penalty. (AI Index: AFR63/004/2001). London: Amnesty International.

_____. Amnesty International Report 1999. Amnesty International USA.

_____. 2 March 1998. Zambia: Misrule of Law: Human Rights in a State of Emergency. (AI Index: AFR 63/04/98). London: Amnesty International.

_____. Amnesty International Report 1998. Amnesty International USA.

Country Reports on Human Rights Practices 2001. 2002. United Department of State. Washington, DC. United States Government Printing Office.

Human Rights Watch. May 1998. Vol. 10. No. 2. Zambia: No Model for Democracy: Continuing Human Rights Violations. New York: Human Rights Watch.

Inter Press Service (IPS). 25 February 1998. Lewis Mwanangombe. "Politics-Zambia: Coup Plotters Appear in Court." [Accessed 10 Mar. 2003]

The Times of Zambia [Ndola]. 20 December 2002. "Treason Trial Judge Erried-Lawyers." [Accessed 12 Mar. 2003]

Additional Sources Consulted

Amnesty International (Zambia)

Country Reports 1999-2000

Human Rights Watch

International Federation of Human Rights Leagues (FIDH)

IRB Databases

Internet sites, including:

All Africa

Amnesty International

Legal Resources Foundation (Zambia)

Media Institute of Southern Africa

Relief Web

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