Africanews
Two years after a democratically elected Government took over from the autocratic Dr. Kamuzu Banda, Malawi prisons still remain punishment centres where no effort is made to rehabilitate the inmates. |
The painful revelations that Malawian prisoners are still treated in very inhuman ways have emerged as a result of visits to the prisons by a Human Rights organisation by the director of the Society for Advancement of Women, Catherine Munthali.
Last August Mrs. Munthali visited Lilongwe Maula Prison. Later, speaking to the Press, she revealed that in Maula both female and male prisoners are treated in humiliating manner, given one meal a day (mainly "nshima", the traditional stiff porridge which provides the body only with carbohydrates), they sleep in crowed cells on bare floor, exposed to extreme cold. The sanitary conditions are pathetic or not worthy of the name, since toilets often consist of a plastic bucket in a overcrowded cell.
Even more shocking to Mrs. Munthali was the discovery of children living in
the cells with mothers who are either awaiting trial or already convicted.
"Some of the women in prisons have committed crimes but it is unlawful to keep
them in prison without trial. Most of them have already served their
sentences because they have been there for more than three years. One would
ask what crime did the children commit for them to be imprisoned?" laments
Munthali in a release to the Press.
In response the Public Relations Officer for the Malawi Prison Services, Winston Manyera, says that there are only 41 female prisoners being held in Malawi prisons for various crimes ranging from murder to child stealing. According to Manyera there are 11 infants in prisons, only four of them born inside. The rest accompanied their mothers when they were still being breast- fed or there was no one to take care for them at the prisoners respective home.
Manyera contends that the infants are allowed to stay in prisons with their mothers in conformity with section 60 of the Prison Act which stipulates: "subject to such conditions as may be specified by the Chief Commissioner of Prisons any unweaned infant child of a female prisoner may be received into prison with its mother and may be supplied with clothing and necessities at public expense".
He informs that when the child has been weaned and relatives capable of taking care of the child are available the child may be handed over to the relative. However, if there is no relative, a child may be given in custody to the Welfare authority as approved by Chief Commissioner of prisons.
Manyera claims that the infants receive basic foods, clothes and they regular go for clinic checks like all other children. He argues that taking the children away from their mothers would be harmful. He therefore argues that the prison system does not violate the prisoners' children's human rights.
Asked why most of the prisoners spend long periods before being taken for trial Manyera blamed this on both the Police and Judiciary. He claims that either the Police effect arrests before proper investigations which make it difficult for the prosecution to prepare a case, or the Judiciary cannot cope with the backlog of cases.
On his turn the Director of Public Prosecution laments that his Department has a shortage of staff and there are over 1,000 murder cases to be handled, while fraud cases also are soaring.
Most lawyers seek employment in the Private Sector due to deteriorating Civil
Servants conditions.
However, Baliki Muluzi's Government has pledged to reverse the situation in
the prisons. Immediately after taking the reigns of Government Muluzi ordered
the closure of three notorious detention camps built by his predecessor where
hard-core prisoners were kept and severely punished.
A reform programme is currently underway to improve prisons conditions. It is being funded by the International Red Cross, the United Nations Human Rights Commissions and the Government. It includes the training of staff, provision of bedding and clothing, establishment of libraries. The emphasis will no longer be punishment, but reforming and rehabilitating the prisoners.
Yet the continued detention of suspects without proper charges costs the Government a lot of money because some of the suspects when they get acquitted sue the Government for unlawful detention, and some win.
"This money can be saved by simply the Government employing the services of private lawyers to assist in prosecution. We can't afford to waste money in this way." says a lawyer in the prosecution Department who does not want to be named.
In the meantime criminals are being apprehended everyday, the prisons are full, the courts do not allow for speedy justice. This scenario will not change in the short term.
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