BLANTYRE-(MaraviPost)-Zomba Central Prison risk inmates contracting waterborne diseases as they have spent more than three days without water.
Inside sources confirmed there is no sanitation at the facility which is putting the prisoners at risk of contracting cholera and typhoid.
However, Chimwemwe Shaba, spokesperson of Malawi Prison Service has confirmed that there are water problems at the facility.
Shaba has said that the situation is due to technical problems in payment of the water.
But Shaba has said that the problem will be rectified by today, October 13, 2021 .
Besides,Shaba said the inmates are drawing water from houses belonging to officers at the prison.
Victor Mhango, Executive director of Chreaa, one of the organizations that advocate for rights of prisoners has confirmed that the organization has received reports that the inmates have stayed for four days without clean water because the water was disconnected due to bills.
Mhango said this is sad because the inmates depend on water for bathing, for toilets and cleaning.
He sympathizes with the prison department because it gets low funding in the budget.
BLANTYRE-(MaraviPost)-The Supreme Court of Appeal has declared that death sentence as a punishment for any crime in Malawi is unconstitutional.
A panel of nine judges, led by Chief Justice Andrew Nyirenda, made the determination in a judgement delivered on Wednesday.
They heard an appeal by Charles Khoviwa who had opposed the High Court’s verdict in which he was sentenced to death after he, together with others, was convicted of murder.
The Supreme Court argues that the death penalty is an abolition of the right to life and that its execution borders on disrespect for human dignity.
“The death penalty is unconstitutional. Section 25(a) and section 26 in prescribing death as one of the sentences and section 38(1) for treason, section 63(1) for piracy, 133 for rape, 210 for murder, 217A(2) (a) for genocide and 309(1) and 2 for house breaking and burglary, of the Penal Code must be read as meaning the maximum prison sentence – life imprisonment.
“If life imprisonment becomes the maximum sentence, where it is not mandatory, by fiction, cannot be imposed, reserved as it were for the worst instance of crime. Courts, are therefore, likely to pass a prison term of years. Those who have served long periods of their life or long sentences are likely to get shorter terms or immediate release,” reads part of the 71-page judgement:
The nine justices of appeal have also held that looking at the circumstances surrounding Khoviwa’s sentencing, the High Court should indeed have had a sentencing rehearing.
They have also ordered the Legal Aid Bureau, the Office of the Attorney General and the Director of Public Prosecutions to address the complexities of convicted felons on the death row.
Malawi Prison Service spokesperson, Chimwemwe Shaba, said he did not have the actual number of convicts on the death row.
Meanwhile, the judgement has received plaudits from activists who have been pushing that it should be outlawed.
Executive Director of the Centre for Human Rights, Education, Advice and Assistance, Victor Mhango told The Daily times that finally, the highest court on the land has affirmed the need to respect the right to life for everyone, including convicted felons.
“We have been fighting for the abolishment of the death penalty for a long time. The judgement has highlighted that every person has the right to life and that there is no government apparatus that can take away that right,” Mhango said.
Centre for Human Rights and Rehabilitation (CHRR) and Youth and Society (Yas) have also hailed the judgement, describing it as landmark.
“As human rights organisations, we entirely agree with the court’s decision that the death penalty is unconstitutional and a violation of the right to life, the right to dignity and the right not to be subjected to inhumane and degrading punishment or treatment,” reads a statement signed by CHRR and Yas directors Michael Kaiyatsa and Charles Kajoloweka, respectively.
The two organisations have further called on the government to build on the judgement and revisit the death penalty more generally.
“We also call on the Malawi Parliament to amend the country’s criminal law to remove the mandatory aspect of the death penalty,” the statement says.
While confirming the judgement, Registrar of the High Court and Supreme of Appeal Gladys Gondwe said it was in draft form and was yet to be perfected by the time it went public.
In Malawi, a moratorium on the death penalty hanging since 1994 has meant no president ever sanctioned that convicts on the death row should be executed.
BLANTYRE-(MaraviPost)-The sexually transmitted infections (STIs) including syphilis, and HIV and AIDS, are reportedly hitting hard in the country’s prisons.
The revelations is the result of the screening exercise the Malawi Prison Department, with support from Medicin Sans Frontiers (MSF), Management Sciences for Health Challenge Tuberculosis (TB) and district health offices carried out at Chichiri and Kachere Prisons in Blantyre and Lilongwe respectively, in May this year.
The screening exercise findings show that at Chichiri Prison, syphilis tests were done on 1,880 inmates and 46 inmates were diagnosed positive.
While at Kachere Prison, 172 inmates were tested for syphilis, three tested positive and, of these, one was newly infected.
According to the findings, the inmates were screened for HIV, TB, syphilis, Hepatitis B vaccination, and nutrition (Body Mass Index screening) between ?May 16? and 29, 2017.
The report also establishes that, out of the 1,344 inmates that were screened, (at Chichiri prison) 100 are HIV+ and 62 cases are newly infected.
The development is of great concern to civil society organizations (CSOs) including Centre for Human Rights Education Advice and Assistance (CHRREA), and Malawi Health Equity Network (MHEN).
They call for the comprehensive screening in all prisons across the nation.
CHRREA Executive Director Victor Mhango, whose organization is in prisons advocacy services, also urged Government to come clearly on condom distribution in prisons to address the further spread of STIs.
Mhango observed that there is the also the possibility that the inmates were already infected at the time of their imprisonment. They however admit that chances were also high that they were infected in prison.
“I think people should be screened at the time of imprisonment in case they have contagious diseases, so that they should be treated there and then. Government should also come out clearly on the issue of the distribution of condoms in prisons,” urges Mhango.
Echoing on the same, MHEN Executive Director, George Jobe, suspects that there could be a significant number of homosexuals in the country’s prisons.
Jobe added that findings should be a wakeup call on what is happening in prisons that need urgent attention to address the challenge.
“Remember that despite that these people were imprisoned for various reasons, they are entitled to the right to health, hence the need for the screening,” urges Jobe.
A report by the Penal Reform International research on a research conducted by Dorothy Jolofani and Joseph DeGabriele, titled “HIV Transmission and Care of Prisoners,” also discloses that the acts of homosexuality are rampant in the country’s prisons as evidenced by STI cases registered in prisons.
The Centre for Disease Control (CDC) website indicates that the time between acquisition of syphilis and the start of the first symptom is 21 days, but can range from 10 to 90 days.
Malawi’s CHREAA gets AU Commission observer status
BLANTYRE-(MaraviPost)- The Country’s Centre for Human Rights Education, Advice and Assistance (CHREAA), has been granted an African Union Commission’s status observer on Human Rights and People’s Rights.
This follows CHREAA’s successful three-year assessment, which the 60th session of the AU Commission granted in Niamey, Niger.
As an observer, CHREAA is required to present its activity reports to the Commission every two years on its activities.
The human right watchdog, is also expected to establish close relations with the Commission, through regular consultations on matters of common interest.
Civil society organizations (CSOs), are granted the status upon certifying the Commission’s Resolution 33 that defines the criteria for granting, and enjoying the status for human and people’s rights organizations in Africa.
The development has excited CHREAA’s Executive Director Victor Mhango, who said the Commission’s approval gives his organization power to promote and fight for human rights in the country.
Mhanga said the recognition will help Malawi network and exchange experiences with other countries easily, which will also give limelight on human rights issues to the country.
He therefore, lauded CHREAA’s new status as a great breakthrough. He said CHREAA had to fulfill a lot of requirements before it was granted the AU Commission observer status.
“This means that we will be part of the discussions happening at the African Commission. This is an opportunity which gives Malawi the needed exposure to learn from other countries to bring light in some of the human rights issues the nation is facing.
“There are a lot of requirements that an NGO has to meet to be granted this status. This is a breakthrough. We are the only organization from Malawi, which has been awarded the observer status in this submission,” a visibly delighted Mhango said.
Malawi has other CSOs with the observer status, including Center for Human Rights and Rehabilitation (CHRR), Centre for the Development of People (CEDEP), Malawi CARER, and the Malawi Human Right Commission.
The African Commission on Human and People’s Rights (the Commission), was established under article 30 of the AfricanCharter on Human and Peoples’ Rights (the Charter), with the twin mandate of promotion and protection of human rights in Africa, as provided for in the Charter.
It is the primary body responsiblefor human rights in Africa in accordance with articles 75 and 76 of the Commission’s rules of procedure for non-?governmental organizations (NGOs) granted observer
Status by the Commission may. Through authorized representatives, the NGOs may participate in the public sessions of the Commission and its subsidiarybodies.
Malawi breaking news and World News. News about Malawi, Malawi Business, Malawi Tourism, Malawi Politics, Malawi News, World and Africa Top News.
