Malawi Human Rights Commission (MHRC) and the Legal Aid Bureau (LAB) have expressed concern over the treatment of pre-trial detainees by the police, the courts and the prison urging authorities to immediately intervene.

In a joint statement issued on the sidelines of Africa Pre-Trial Detention Day which falls on April 25, the two institutions through MHRC executive secretary Habiba Osman and LAB director Trouble Kalua pointed out that pre-trial detainees are facing a lot of challenges including abuse, with some being treated as convicted prisoners.

Osman: Pre-trial detainees are facing a lot of
challenges including abuse

Reads the statement in part: “The major issues are that of overstaying on remand and uncertainty regarding the status of their cases in court. Pre-trial detention periods should be strictly adhered to as provided in the Criminal Procedure and Evidence Code.

“The prisoners are being physically assaulted by police during the arrest; Being tortured in order to confess the alleged crimes; Being arrested without clear justification; Unlawful confiscation of personal property by police during arrest, and non-compliance by police to take sick prisoners to the hospital even when there is a court order to do so.”

They have since demanded that cases which surpass the pre-trial detention period without adhering to due processes should be discharged.

“The De p a r tme n t of Immigration must consider having their own holding facilities for foreign nationals that are not facing any criminal charges in Malawi or have served their prison sentences and the Malawi Law Society to provide pro bono legal services to complement the work of the Legal Aid Bureau which is currently understaffed and underfunded,” it reads.

The institutions further recommended that the judiciary must set trial dates for all cases that have overstayed in the courts so that inmates can have an opportunity to defend themselves.

In March and April 2023, the commission conducted monitoring visits to Zomba, Maula and Mzuzu prisons where it was revealed that Malawi’s prisons remain underfunded, overcrowded and lack basic amenities to meet minimum standards for human habitation.

From August 2022, Malawi’s prisons have experienced acute food shortages that amounted to a humanitarian crisis.

The most affected prisons were Zomba, Chichiri and Maula where inmates stayed for days without any food.

Both the MHRC and LAB, further called upon the Ministry of Homeland Security to immediately address the problem of overcrowding by, among others, increasing the living space.

“The Ministry of Justice, Malawi Police Service and the Judiciary must contribute to reducing the prison population through alternative sentencing and considering releasing some inmates on bail, especially those that have overstayed on remand,” reads the statement.

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