5 years (Mzuzu), others for several months (Kachere).
There were at least 11 babies and young children detained with their mothers in
Malawi prisons. The youngest prisoner met was 12 y.o. (Mzuzu), the eldest 72
y.o (Nkhata Bay).
It is also to be noted that most prisoners have a low level of education. At Mikuyu
prison, less than 4% of the prisoners (all convicted) present the day of the visit
had been to school. Less than 20% at Mangochi. The illiteracy rate is also the
highest in the Southern region.
In essence, there is no legal aid currently. There are 7 lawyers for the whole
country (10-11 millions population) and of these, three graduated recently from
college. Only those facing capital cases (i.e. murder) are represented (meeting
their lawyers minutes before their trial). The rest - however serious their offences
- are unrepresented at trial unless they can pay a lawyer. But there are no wealthy
people in Malawi prisons.
Buildings, housing and separation
Premises
The delegation visited 13 out of the 23 prisons. All of them were found to be in
a miserable state, with buildings dating back to the first quarter of the 20th
century, poorly or never maintained. The size of the prisons varies a lot, from
large complexes like Zomba and Chichiri accommodating hundreds of prisoners
to small prisons like Mzimba.
Most prisons are built with concrete and bricks, roofs with iron sheets. However,
Maula women section is completely made out of iron sheets which is really
inconvenient during both summer, when prisoners suffer from the heat and winter
when they freeze.
In many prisons, the roof is made of simple iron sheets, with no safe ceiling. They
are often easy to break due to the low height of the buildings (Nkhata Bay) or
are rotten and leaking (Zomba long term and life prisoners' section). In Kasungu,
the ceiling is replaced by a network of barbed wire. The ceiling is being repaired
in one of the cells of Nkhata Bay prison after the escape of 4 prisoners in 2000.
In that prison, the capacity is 100 but due to this work in progress, one cell is
not used and the number of prisoners is 56. In Kachere Lilongwe remand prison,
at least 4 cells out of 12 are not used due to defective ceilings and roofs, the
remaining are in bad condition. At Mikuyu prison, water is leaking from the
roof in all cells and in the kitchen. At Mzuzu juveniles section, one of the cells
is not used due to a broken hinge, consequently prisoners are packed in one
small cell with less that one square meter each. Moreover, they are theoretically
separated from adults but the fence is on a poor shape and separation not really
effective.
In some prisons, the combination of terrible conditions and overcrowding creates
a hazard to life. In Zomba prison for instance, the capacity is 800, however, the
day of the visit there were 1,912 prisoners. The units accommodating long term
prisoners (block B) and convicts/remand prisoners (block A) are not suitable for
the safe detention of so many persons at the same time. According to the figures
provided by the administration and the prisoners themselves, block B
accommodates several hundreds of prisoners. Only one stair leads into the first
floor where hundreds of prisoners are sleeping. On this first floor, narrow
balconies (1 m large maximum) lead into in the cells. The only exit is through
the only gate of the building on the ground floor. Many of the prisoners may
not be able to reach the exit in case of emergency. In block A, which is the same
type of building with less prisoners, the stair is decaying, some of the stairs'
steps are missing, leaving large holes where prisoners could easily fall down. This
is a worrying situation, even more when considering that prisoners may have to
rush out in case of emergency. Moreover, the roofs of these two buildings did
not look waterproof, the walls showed traces of dampness and there were stagnant
pools of water on the floor.
Zomba first offenders' section and block B (long term prisoners) are very densely
populated, with 1 sq. m. per prisoner on average. 1 sq. m. is also the average for
Maula and Mzimba prisons. The situation is even worse in Chichiri and Mzuzu
prisons where there is respectively, on average, 0.5 sq. m. and 0.8 sq. In. per
prisoner in cell.
The situation of juveniles in term of space is the worst. In Chichiri for instance,
juveniles have 0.3 sq. m. per person, 0.9 in Maula.
At Lilongwe police station, there were at least 15 persons detained in a small cell
(3.5 m by 2m.) the day of the visit.
The following figures were obtained by systematically measuring the size and
the population of all the cells of all the 13 prisons visited by the delegation. It
should be reminded that the 13 prisons visited represent 6,291 prisoners, that is
81% of the total prison population in Malawi.