MalawiDungeons of deathHuman rightsby Brian Ligomeka
Prisons in Malawi are in a horrible condition with some of the inmates, especially those charged with capital offences languishing in the facilities for years with no hope in sight. This is according to the country's Ombudsman and Commissioner Enock Chibwana. Chibwana made the observation after a recent visit to Zomba Prison, where he found most of the prisoners living in pathetic state of affairs and without the knowledge of the Ministry of Justice. Among these are 41 young prisoners who have been languishing at the prison for years. He said: "We must review the law and improve on the conditions under which death penalty prisoners live in as a matter of urgency." Chibwana added: "It is torture to keep offenders suffering in the condemned cells for a long time." However, Chibwana is not the only government functionary who is calling for the reform of the country's penitentiaries. Another government body, the Human Rights Commission, has been urging to review the appalling conditions in which the country's 7,000 prisoners live. The call for the review has been made through the Malawi Inspectorate of Prisoners (MIP), headed by High Court Judge Duncan Tambala. "There is a gross violation of prisoner's rights, even prisoners sentenced to death have rights," says Tambala explaining that it is an infringement of human rights to let prisoners live in unbearable conditions such as being denied food and medical care that lead to their untimely death. Commenting on the pathetic picture of prisoners in Malawi, one local magazine, The Lamp, quoted MIP member First Grade Magistrate S. Mbingwa saying that, "most prisoners have been reduced to ghosts and skeletons like in a concentration camp. The only prison hospital in Zomba is congested; there is no transport to take the sick prisoners from other prisons." Another MIP member Father Piergiorgo Gamba says: "The plight of the prisoners is like an open wound impossible to heal. We need to change prisons; since the fundamental goal of imprisonment is to rehabilitate the offender for integration into the community as a productive member of the society.They can remain dumping grounds." The criticism and call for the reform of these penal institutions comes on the heels of a recent report by the MIP, in which the authorities are bashed for not taking urgent measures to redress the appalling conditions in the country's prisons. The report indicated that in 1997, at Zomba Prison alone 170 inmates lost their lives due to food shortage and lack of medical care. The report urges the government to address the poor prison conditions. But while the government continues to dilly-dally over the measures to take, concerned parties are starting to make suggestions on how to alleviate the problems confronting Malawian prisoners. One of these suggestions has been proposed by Malawi National Committee on Community Service (MNCCS) Chairman Justice Michael Mtegha. He says convicts of minor offences should be 'sentenced' to do community work instead of sending them to prison. Mtegha cites an example of the four year old Community Service Scheme in Zimbabwe that he describes as "having been an unqualified success as an alternative to imprisonment for those convicted of minor offences." In his article published in a prison newsletter, the New Hope, Justice Mtegha who is also a Malawi Supreme Court of Appeal Judge said: "Let's emulate the example of Zimbabwe. In the four years since the Community Scheme started up to the end of July, more than 16 000 convicted prisoners received orders asthese reform calls need to set a limit on improving the conditions. This will avoid some culprits taking advantage of that and cause trouble, he says. ![]() ![]() USAGE/ACKNOWLED Contents can be freely reproduced with acknowledgements. The by-line should read: author/AFRICANEWS. Send a copy of the reproduced article to AFRICANEWS.
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