HRC secures release of Youth arrested over Facebook Post

The Human Rights Commission (HRC) of Zambia has secured the release of 28-year-old Jeremiah Nkunika, who was arrested on Monday, May 12, 2025, and charged under the newly enacted Cyber Crimes Act No. 4 of 2025.

Nkunika was detained at Kabwata Police Station on a charge of Prohibition of Harassment and Humiliation, contrary to Section 22 of the Act. Following the Commission’s intervention, he was granted police bond and released around 13:00 hours today, pending a possible court appearance scheduled for May 29, 2025.

The Commission facilitated the process by engaging the Zambia Police Service to allow Jeremiah’s father, Mr. Peter Nkunika, to act as surety — despite initial demands that sureties be government employees. Mr. Nkunika, a well-known businessman on Cairo Road near Photo Bank, was accepted as a credible and traceable surety after the Commission’s intervention.

Earlier in the day, HRC officers visited Jeremiah in custody to assess his condition and determine if his right to liberty, as provided under Article 13 of the Bill of Rights and Section 33 of the Criminal Procedure Code (Chapter 88 of the Laws of Zambia), had been upheld.

After conducting preliminary investigations, the Commission contacted both Mr. Nkunika and senior officers at Police Headquarters to resolve the issue and secure Jeremiah’s release.

In a statement, the Commission commended the professionalism and cooperation exhibited by officers at Kabwata Police Station and Police Headquarters in adhering to the due process of the law.

“The Human Rights Commission will continue to monitor the case in line with its constitutional mandate, with particular focus on ensuring Articles 13 and 18 of the Bill of Rights are fully respected,” said Mweelwa Muleya, Director of Education, Training and Advocacy and spokesperson for the Commission.

In the accompanying photo (from left to right): Ms. Mable Simwanda, Senior Complaints and Investigations Officer (HRC); Mr. Mathews Nkunika; Mr. Peter Nkunika; and Mr. Mweelwa Muleya.

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