Thousands of suspects are detained without trial, some for over 10 years, with the State and Judiciary being the main culprits, our investigations have revealed.
Statistics sourced from Malawi Prisons Service (MPS) show that as of 6 th March, 2024 out of a population of 16 877 prisoners in the country, 5 200 or 31 percent were detainees waiting for trial.
Section 42 (1)(b) of the Republic of Malawi Constitution provides that every person who is detained, including every sentenced prisoner shall have the right to be detained under conditions consistent with human dignity, which shall include at least the provision of reading and writing materials, and adequate nutrition.
What are the conditions in Malawi prisons? Prison and detention center conditions remained harsh and potentially life threatening due to overcrowding and poor sanitation; inadequate food, potable water, heating, ventilation, lighting, and health care; and torture.
A person arrested for, or accused of, the alleged commission of an offence is entitled to be released, with or without bail, any stage preceding his or her conviction in respect of the offence, unless the court finds that it is in the interests of justice that he or she be detained in custody.
Prison and detention center conditions remained harsh and potentially life threatening due to overcrowding and poor sanitation; inadequate food, potable water, heating, ventilation, lighting, and health care; and torture.
The biggest problem in prisons is overcrowding, as well as related problems such as lack of privacy, can also cause or exacerbate mental health problems, and increase rates of violence, self-harm and suicide.
International human rights law recognizes, however, that deprivation of liberty is sometimes justified, such as in the enforcement of criminal laws.
In these circumstances, detention can never be arbitrary and must always be carried out with respect for the rule of law.
In conclusion, you have a right to your personal freedom.
This means you must not be imprisoned or detained without good reason.
If you are arrested, the Human Rights Act provides that you have the right to: be told promptly in a language you understand why you have been arrested and what charges you face.