Among the 6,291 prisoners concerned, percentage of prisoners having in cell: 1 sq. meter or less 49.4% 2 sq. meters or less 88.4% more than 2 sq. meters 11.6% Overcrowding and the lack of space are factors explaining why basic separations between remand and convicted prisoners, young and adults, healthy and sick or contagious prisoners are far from being implemented. In most prisons such as Maula, Chichiri, Nkhata Bay, Mzuzu, Kachere, adults and juveniles are segregated during the night only. In other prisons, they are mixed with adults days and nights (Mangochi). In Zomba, long term prisoners and convicted prisoners can mix with first offenders as the yards communicate and gates are not closed during the day. Convicted and remand offenders are often mixed in the same cells or can mix during the day. The only separation enforced is for the detention of women and condemned prisoners. Zomba is the only prison where juveniles are theoretically strictly separated from adults, that is even during the day. In Maula and Kachere, they are locked in a separate dormitory during the night but mix with adults during the day. It should be noted that some juveniles complained that they could be transferred to the adult units as a punishment or to be abused sexually by adults. The authorities should pay particular attention to the risk of spread of diseases which is really increased with promiscuity (see paragraph on health matters) and to the conditions of the most vulnerable categories of prisoners such as young people (see also paragraph on juveniles and abuse/violence). It should be mentioned that the government allocated 1.26 million Kwacha for the building of a new prison at Mzimba and the rehabilitation of Zomba prison (toilets) while the Inspectorate of Prisons has recommended to shut it down and build a new one. The prison administration plan to have a new prison at Mwanza as well at some time. It should be noted that the state of the buildings and the lack of good security conditions (no light during the night, lack of staff) can partly explain the number of escapes reported by the prison administration. There were for instance 8 in Zomba since January 2001. 10 Electricity The lack of electricity is a problem in most of the prisons visited. The delegation noticed that there was no electricity at least in Zomba first offenders' section, in Nkhata Bay prison and in Kachere prison. When electricity was reported to be installed, it was difficult to ascertain whether bulbs were working and light switched on at night. Due to winter time, the delegation could witness the difficult conditions of detention and work in prisons due to the lack of proper electrical equipment and lighting. During winter time, sun goes down around 6.00 p.m. Prisoners are locked up around 4.00 p.m. until around 7.00 a.m. the next day. This means that prisoners spend more than 60% of their time in the darkness during winter (March to August), this also means that prison guards in charge of security work in difficult conditions as most parts of the prison are completely dark after the lock up. Cells Prisoners are accommodated in dormitories or smaller cells with 3 to 4 people. Space is most of the time not enough to lay down properly. Overcrowding is such that in some places prisoners complained that when they are locked up, ventilation is not enough (Mzimba prison, Zomba prison's long term and life prisoners' section, Zomba first offenders' section, Kasungu). Cells at Zomba's central prison's section for condemned prisoners lack proper ventilation, the only air enters through a small grill above the door. At Maula, up to 135 prisoners are detained in a dormitory meant for 50 persons. At Chichiri, juveniles are packed in cells with only 0.3 sq. m. each. Many of them will have to serve long sentences in these conditions. At Mzuzu, juveniles have only 0.7 sq. m. each. At Lilongwe police station, two of the three cells (3.5 m x 2 m) had about 15 persons each. Prisoners at Mzimba have only 0.7 sq. m. each. They demonstrated how they were organised in cell for sleeping, they would not lay down but sit back in row with the legs bowed, the next one sitting in the same position between the legs of the one behind, etc. At Zomba, they explained that they were all sleeping on their side, packed one next to the other. When one was tired, they would all change to the other side. There is no overcrowding at Chilwa approved school (this is apparently due to the school being under-funded and so, like Mpemba, it operates at 50% of its capacity) and at Mulanje prison where the prison officer in charge refuses to receive persons still under police investigation. 11

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