Home is another establishment for juveniles under 15. The objective of these
places is to rehabilitate them by providing them with vocational training and
academic education, they also do gardening work.
The prison administration has also a fully equipped hospital ward at Zomba civil
hospital (funded by the International Committee of the Red Cross) and a training
facility for prison staff, the Mapanga Prison Training School.
The prison staff is composed of a Chief Commissioner of Prisons, regional
prison commissioners, superintendents / officers in charge, deputies, social
welfare officers, officers in charge of security, administrative staff and guards.
Previously, they were trained by the police but new recruits are now trained at
Mapanga. An assistant superintendent earns about 5,000 Kwacha per month.
The delegation noticed that there were very few prison guards inside some
prisons, e.g. 2 guards on duty at Zomba with more than 1,900 prisoners.
Conditions of detention
Prison population
he prison population has been increasing for many years. In August 1997,
the prison population was 5,557, it rose to 7,728 during the year 2000. At
the time of the visit, the prison population was 7,800. Observers say that the
prison population will tend to go on rising in the future unless some measures
are implemented systematically such as bail, community service, diversionary
mechanisms etc. The increase of the prison population has many serious
consequences for the conditions of detention, in particular overcrowding, which
is a source of many other corollary problems (see paragraph on overcrowding).
According to the estimations' calculated on the basis of the figures provided by
the prison administration, the number of prisoners per 10,000 inhabitants is 10.8
in the Southern region, 5.3 in the Central region and 5.2 in the Northern region,
7.8 at national level.
T
The prison population is characterised by a rather lower level of remand prisoners
in comparison with other African countries. In June 2001, around 35% of the
prisoners, 50% of the juveniles and 65% of women prisoners were on remand.
1. The estimations are calculated on the basis that the 6,291 prisoners represent 81% of the total Malawi
prison population, i.e. a total prison population of 7,767.
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The remand population is composed of prisoners under temporary remand
warrant pending police investigation's closure and of prisoners awaiting trial.
Overstaying on remand is a serious question, some prisoners were found to be
awaiting trial for many years, at least one of them for almost 10 years at Mzuzu
prison, some others for 4 to 10 years (Zomba, Kasungu, Maula, Mzuzu, Chilwa
approved school), one juvenile for 5 years at Mzuzu prison.
The most common crime is simple theft, the most violent ones are murder,
robbery, rape, house breaking, burglary.
All prisoners are granted a remission of one third of their sentence provided
they behave well.
The death penalty is still mandatory for offences such as murder, however, there
has been no execution since 26 September 1992 (Zomba Capital Cases Book).
The official opposition to the use of capital punishment dates back to 1997 when
President Muluzi commuted the death sentences into life imprisonment and
pledged not to sign any order of execution. At the time of the visit, there were
60 prisoners on death row. 48 were held in Zomba central prison, 12 in Chichiri
prison (transferred from Zomba for security reasons). At least 53 people were
sentenced to death for murder in 2000. Since the visit, the State President
commuted the sentences of all those on death row.
Malawi uses life imprisonment, Parliament is talking of reducing it to 12 or 20
years, however, it seems that most of the time, prisoners are granted pardon after
around ten years depending on their behaviour.
Women represent less than 2% of the prison population, juveniles (up to 18 y.
o.) around 4%. According to the Penal Code, juveniles should not be sentenced
to more than two years imprisonment. However, sentencing practice seems to take
little account of the age of the offender and sentences are generally harsh. Many
juveniles were found to be sentenced to much more than two years. This was in
particular the case of the majority of the juveniles detained at Zomba central
prison, one of them was sentenced to 10 years and a half. There was also one
juvenile sentenced to six years at Mangochi prison. Because the crime rate is
increasing, magistrates tend to impose harsher sentences. This also applies to
juveniles who are sometimes sentenced to long imprisonment for petty offences.
One juvenile complained that he was sentenced to 4 years for stealing his uncle's
goat (Maula). Another one sentenced to 3 years for fighting with his friend
(Mangochi). Juveniles are also overstaying on remand, at least one of them for
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