congratulate them for the important work they are doing, with professionalism
and seriousness.
At the end of each visit, the Special Rapporteur made immediate observations
on certain issues to the prison director or officer in charge. At the end of the
visit to Malawi, the Special Rapporteur gave a summary oral and written account
of its findings to the State President. The Special Rapporteur also reported
directly to the Chief Commissioner of Prisons about some of the most urgent
problems encountered. The findings of this mission are documented later in this
report.
In conclusion, the Special Rapporteur welcomes the general spirit of co-operation
which marked its delegation's visit to Malawi and the follow-up to the visit. The
Special Rapporteur trusts that its recommendations will be taken note of in a
constructive way by all the parties concerned, and that the substantial measures
taken by the State President will not be a one-off intervention but will be extended
to all the prisons of Malawi on a systematic basis for the purpose of improving
conditions in Malawi prisons.
Context of the visit
rison authorities stated openly to the delegation that prisons were overcrowded
and that they were not provided with adequate resources by Parliament
although the budget had increased over the last years. The annual budget for
prisons is 90 Million Kwacha (USD 1.2 million - MK65 = USD1). It is improving,
yet, it is considered to be inadequate considering the growth of the prison
population. The regional prison authorities stated that monthly cash budget for
the Southern region was about 800,000 Kwacha, about 500,000 for the Central
region and 600,000 for the Northern region. This partly explained the pathetic
state in which most prisons were found and the difficult conditions for both
prisoners and prison staff.
It should be mentioned that Malawi is the very country where the Special
Rapporteur on Prisons and Conditions of Detention in Africa has spent 11 years
in prison as a political prisoner during Dr. Banda's regime. After visiting Malawi
prisons this year, the Special Rapporteur can confirm that prison conditions
have deteriorated since she was released in 1993. This confirms a view that the
Inspectorate of Prisons expressed and documented in its report dated May 2000.
r
FINDINGS
Preliminary remarks
The prison system
olice and prisons are under the authority of the Ministry of Home Affairs.
There are 23 prisons in Malawi. There is one regional prison per region,
district prisons, farm prisons and two reformatory schools (under the Ministry
of Gender) respectively for juveniles beyond and under the age of 15. There are
7 prisons in the Central Region, 6 in the Southern region, 5 in the Eastern region
and 5 in the Northern one.
P
Zomba central prison is designated a maximum security prison, the largest prison
in Malawi. It receives prisoners sentenced to long and life sentences from all
over the country and remand prisoners on serious cases including first offenders.
It also receives prisoners sentenced to death, as is also the case in Chichiri prison.
Lilongwe prisons (Maula and Kachere) also keep remand prisoners on homicide
cases. Other prisons receive prisoners with short sentences (less than four years)
or remand prisoners on less serious cases. District prisons send those sentenced
to more than four years to regional prisons. From there, they are transferred to
Zomba. However, it should be noted that this classification is not adhered to in
practice. Prisoners are transferred from Kasungu to Maula central prison when
their sentence is more than six years, from Mzimba and Nkhata Bay to Mzuzu
when sentences are longer than 3 years. Some prisoners sentenced to more than
four years were found in district prisons (8 years sentenced prisoners in Mangochi
prison and 20 other persons with more than 2 years, another one with 10 years
in Kachere prison) and regional prisons (a woman sentenced to 14 years at
Mzuzu prison's women section). At Kachere remand prison, the delegation
noticed that not only remand prisoners were kept but also a number of convicted
who are there to perform tasks such as gardening and cleaning.
There are prison farms which provide food for the prison ration. One of them
(Mpyupyu) operates as an open prison. They contain prisoners with good
behaviour in the final stages of their sentence. The prison administration is
expanding its farm project to improve prisons' self-sufficiency and allow more
prisoners to work in farmlands.
Chilwa approved school is for juveniles under the age of 18. Mpemba Boys