By Pemphero Malimba:
Somehow, Malawi seems to be in the news most of the time for all the wrong reasons.
Last year, for example, the country emerged as a dark horse in the eyes of organisations such as Human Rights Watch, which described authorities’ all-out war against refugees through forced relocation as a mockery of human rights.
The impression one gets from such reports is that it is only foreign nationals who are consistently on the receiving end of brutality from police, military and even prison officers.
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Far from it.
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Malawians, especially those suspected of committing a crime and those convicted of crimes, live in conditions that are akin to hell on earth, according to the Malawi Human Rights Commission (MHRC).
It states that, in some cases, such challenges affect both inmates and facility management.
MHRC disclosed this last Thursday when it disseminated its 2024 prison and police cell monitoring reports.
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Among other issues, the commission found that both facilities continued to struggle with challenges such as overcrowding, inadequate infrastructure, limited access to legal aid services, insufficient funding, understaffing and a lack of food and care for children whose mothers are serving sentences in some facilities.
The commission has since recommended the need for increased budget allocations for healthcare, infrastructure development and vehicles, among other necessities, in the country’s prisons.
It has also called for reforms in police formations to address challenges such as overcrowding, poor access to legal aid and inadequate treatment of detainees.
According to MHRC Commissioner Boniface Massa, such measures could help improve the situation.
“We will, therefore, engage with government agencies, including the Malawi Police Service and the Malawi Prison Service.
“This will assist us significantly in addressing some of the gaps identified last year and those we have recognised this year,” Massa said.
On his part, Malawi Prison Service Commissioner General Masauko Wiscot admitted that the findings by MHRC are largely accurate.
“What is contained in this [Prison Monitoring Report] document is correct. Nothing has been exaggerated; the report reflects the reality on the ground.
“We also appreciate that MHRC has acknowledged some of the improvements that have been made in the service,” Wiscot said.
He then called for collaboration in tackling the identified issues.
“Looking at the findings and recommendations, you will note that some of the issues are cross-cutting. Take, for example, the issue of overcrowding. We cannot handle that problem single-handedly, as it affects the entire criminal justice system; suspects are brought to prisons by various stakeholders,” Wiscot said.
Malawi Police Service Assistant Public Relations Officer Felix Misomali said they respect human rights.
He quickly added that where cases of torture arise, they would implement the necessary interventions to hold those responsible accountable.
“We will continue with initiatives such as conducting awareness campaigns among our members,” Misomali said.
MHRC, with support from the United Nations Development Programme, conducted prison monitoring exercises targeting 23 prisons.
The focus was on assessing living conditions, infrastructure, access to justice, healthcare and the overall welfare of inmates.
Additionally, the commission conducted a nationwide monitoring exercise in 22 police formations in August this year to follow up on previous findings, concentrating on issues such as overcrowding, delays in prosecution and access to legal and medical care.
Regarding prison conditions, there are calls for authorities to review pardoning guidelines.
For instance, the Centre for Human Rights Education, Advice and Assistance has urged a review of prisoner pardoning guidelines, arguing that it is important to include people convicted of offences such as murder in the pardon process.
The organisation’s executive director, Victor Mhango, said the current policy, which excludes certain categories of offenders from eligibility, undermines the rehabilitative purpose of prisons.
“Prisons exist to reform individuals. If offenders are rehabilitated, even those convicted of murder should be given the chance to be pardoned and reintegrated into society,” he said.
However, the Ministry of Justice holds a different position.
Ministry spokesperson Frank Namangale, while confirming that the government is reviewing the guidelines for prisoner pardons, clarified that the current policy bars those who committed capital offences, such as murder, treason, rape, violent crimes like robbery with violence and economic crimes such as grand corruption, from eligibility for pardon. Namangale emphasised that these exclusions do not violate prisoners’ rights.
“Pardoning is not a right but a prerogative of the President. The President may, at their discretion, grant or withhold a pardon as an act of mercy. Prisoners, including those convicted of murder, cannot claim any right to be pardoned,” he explained.
Meanwhile, non-governmental organisation Bring It Up has called on the Malawi Prison Service to establish prisons in all councils of the country.
“Prisoners from districts that have no prisons, notably Likoma, Salima, Dowa and Phalombe, suffer significantly because they are held in prisons located far from their districts of origin, making it difficult for their relatives and loved ones to visit them.
“This deprives them of the chance to feel at home in prisons, where they spend their days longing for the time they will be released,” the organisation pointed out.
