Source: Mwebantu
Police officers are facing a legal challenge after allegedly forcing a female detainee to remove her hijab, prompting a petition against the State.
Rizicky Fatacky, a Zambian Muslim woman, has taken the matter to the High Court, where she is contesting the legality of the police’s order to remove her hijab during what she claims was an unlawful detention.
Ms. Fatacky, from Lilanda Township in Lusaka, is asking the court to rule that the Zambia Police Serviceās insistence that she remove her hijab, thereby exposing her hair, violated her fundamental human rights.
She argues that being forced to reveal her hair was contrary to her religious beliefs, constituting a breach of her freedom of conscience and religion.
Her legal team, Malisa and Partners Legal Practitioners, has based the case on Articles 11 and 19 of the Zambian Constitution.
In addition, the petitioner is seeking a declaration that her detention without explanation violated her right to personal liberty under Article 13 of the Constitution. She also seeks compensation from the State for the distress, embarrassment, loss of time, and violation of her rights.
The Attorney General, Mulilo Kabesha, has been named as the respondent in the case.
Ms. Fatacky claims that on July 10th, she and her companionsāThomsom Luzendi, Villy Nawa, and Mputa Ngalandeāwere held at Lusaka Central Police Station for over 10 hours without being told why they were detained.
She further asserts that despite informing the officers that her religion forbids her from removing her hijab in front of men who are not her husband, brother, grandfather, or son, they ignored her and made disrespectful remarks about her faith.
According to Ms. Fatacky, her continued pleas were met with intimidation from the officers, leaving her with no option but to remove her hijab.
“Despite my explanation of my religious beliefs, my hair was exposed against my will and was visible to all men I encountered during my 10-hour detention,” she said.
