212/98 Amnesty International / Zambia Summary of Facts 1. The communication is submitted by Amnesty International on behalf of William Steven Banda and John Lyson Chinula. 2. Complainant alleges that Zambia has violated the provisions of African Charter in that: 3. Mr William Steven Banda was served with a deportation order on 10th November 1991. The reason given was that "in my opinion by his presence he (is) likely to be a danger to peace and good order in Zambia". He contested the order through the courts of Zambia. 4. On 25th October 1994, William Steven Banda was deported to Malawi unlawfully, wrongfully and out of political malice. He alleges that he was blindfolded and drugged, driven by Zambian immigration service and para-military police officers. He entered Malawi through Mchinji border post and later dumped at Lilongwe Police station. 5. John Luson Chinula was removed from his home in Ndola on 31st August 1994. He was driven to Lusaka International Airport with the intention of deporting him. He was served with a deportation order signed by the Minister of Home Affairs alleging that he was a threat to Zambia's peace and security. He was forcibly sedated and later found himself at Lilongwe Police station in Malawi. His Warrant of Deportation also alleged that he was "by his presence, likely to be a danger to peace and good order in Zambia". No reason in law or in fact was advanced for this finding. 6. Both Complainants were prominent political figures in Zambia. They were leading members of UNIP, the party that had been in power since Independence in 1964. UNIP was defeated by MMD in the first multi-party elections of November 1991. 7. William Steven Banda exhausted all domestic remedies in that, his matter went to the Supreme Court of Zambia. John Lyson Chinula could not effect any remedies through the Zambian courts because he was deported and was given no opportunity to approach the Zambian courts. 8. It is alleged by the Complainant that prior to his forcible expulsion from Zambia under order of deportation, William Banda exhausted local remedies through his appeal to the High Court of Zambia in 1992 and the Supreme Court of Zambia in 1994. 9. Complainant alleges that the Zambian government's deportation of the two men amounted to "forcible exile". 10. Complainant alleges that attempts to seek redress through existing national legal remedies both in Zambia and in Malawi have been futile. 11. Complainant also charges that John Chinula was not allowed recourse to the national courts of Zambia. He was prevented from returning to Zambia by threats of imprisonment by the Zambian authorities. 12. Complainant states that Banda and Chinula have obtained two judgements at the High Court of Malawi confirming that they were not citizens of Malawi. The government of Malawi has failed to comply with the judgement of the Court which ordered that they be assured to return to Zambia. They have therefore exhausted all available local remedies at their disposal. 13. Complainant prays that the Commission adopt Rule 111 interim measures to allow the deportees to return to Zambia immediately. Complaint 14. Complainant alleges that Articles 2, 5, 7(1)(a), 8, 9, 9(2), 10, 12(2), 13(1), 18(1), 18(2) of the African Charter have been violated. 1

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