The country’s civil society organisation have vehemently condemned the brutal killings of four elderly for being suspected of having a hand over the death of a 17 year-old girl in Neno calling the authority to invest more in community policing in a bid to raise awareness on the Police roles and the need for people to coexist.
The condemnation comes barely two days after irritate communities at Group Village Headman (GVH) Chimbalanga in the Traditional Authority (T.A) Dambe in the Southern district of Neno on Monday, January 25 brutally murdered four elderly on suspicion that they killed a 17-year old girl using lighting.
Not only that but also other irate mob around Chichiri in the commercial city of Blantyre on Sunday, afternoon, January 24, beat to death a 30 year-old inmate and severely injured the other two prisoners who tried to escape from Chichiri Prison.
In a press statement released on Wednesday, January 27 which available to The Maravi Post the region of civil society organizations including Centre for Human Rights and Rehabilitation (CHRR), Young Advocates (YA), Association for Secular Humanism (ASH), Centre for Development
of People (Cedep), Human Rights Consultative Committee (HRCC), Centre for Human Rights Education Advice and Assistance (CHRREA), Lawyers forHuman Rights (LFHR), Youth and Society (YAS), Passion for Women and Children, Billy Mayaya – Human Rights Activist and Chrispine Sibande – Human Rights Lawyer have strongly condemned the acts as counterproductive towards other people rights to life as enshrined in the country’s constitution which needed to be respected.
The CSOs observed that it was disheartening to learn that some citizens decided to take the law in their hands by killing the escaping prisoners instead of handing them over to the relevant authorities.
“We categorically and unequivocally condemn these barbaric killings and call upon the law enforcers to accord the utmost urgency the issue deserves so that those responsible whoever they are and wherever they are should be hunted down, arrested and be held accountable for this crime that gravely violate human dignity and human rights.
“We would like to remind Malawians that mob justice violence, whatever the reasons behind it, finds no justification in both our domestic and international legal human rights system as it violates the right to due process, sanctity of life (Section 16 of Malawi Constitution) and their presumptive innocence until proven otherwise by a competent court of law.
“In fact, both the Constitution of Malawi and the Penal Code criminalises it. In reference to witchcraft accusations and mob justice against the accused, the Malawi Witchcraft Act – which is part of codified criminal law with prosecutions brought under the
Witchcraft Act falling under the jurisdiction of the Magistrate Court – forbids any trial by ordeal that involves “poison, fire, boiling water, or any ordeal which is likely to directly or indirectly result in death or bodily injury to any person”. The Act further forbids accusing anyone of being a witch or practicing witchcraft”, reads in part the statement.
The CSOs further noted that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW Committee) also brands witchcraft accusations and brutal killings of the accused particularly elderly women as a form of violence against women and has urged many states including Malawi to take action against witchcraft accusations by challenging the “traditional view” about elderly women being witches through investigating torture and killing of suspected witches and prosecute the perpetrators.
In addition, the United Nations Special Rapporteur on extrajudicial or arbitrary executions, in a 2009 report, called upon states to ensure that all killings of alleged witches are treated as murder, and should be investigated, prosecuted and punished accordingly.
The statement added that it was clear from this that immunity from prosecution of mob violence against anyone including those accused of witchcraft has no place under both domestic and international legal jurisdiction hence our candid reminder to law enforcers to move with urgency on the matter.
“We also implore government through the Ministry of Justice and Constitutional Affairs, Ministry of Information, and Ministry of Gender, Children and Social Welfare in partnership with Malawi Human Rights Commission to come out and strongly condemn this barbaric act. Besides, its high time government through these Ministries seriously considered embarking on a robust sensitization campaign of the ills of mob violence as it is apparent that there is also limited or lack of understanding of the rights of the accused persons and also the criminality of the act.
“We further call on Malawi Police Service and Ministry of local government and internal security to intensify and invest resources on Community policing and awareness raising on the role of the Police and the need for people to coexist but more importantly treat the Police as their first call on any issue of this nature.
“As CSOs we believe if our police is taken to the people directly or through Community policing structures, such incidents can be avoided as there will always be tips and grapevines of serious actions to take place in a community which If dealt with in time can prevent such incidents. We strongly believe that this will go a long way in eliminating the incidences of mob justice in the country. Let’s always
adhere to the principles of rule of law, respect and protection for human rights and good governance”, appeal the CSOs.
