Malawi Prison Audit Report: Prisons not used primarily as a measure of last resort

The Paralegal Advisory Service Institute (PASI) conducted a Prison Audit Survey during the period 5 June- 29 September 2023. The aim of the survey was to explore the composition and status of the prisoners for data driven methodologies to inform justice reform. The support for the survey was covered by Irish Embassy and Irish Rule of Law International.

After interviewing 2,409 prisoners (about 90% of prison population in Maula, Kachere and Mzuzu Prisons), the results provide some useful insights for access to justice

  • Poverty is the key determinant of whether a person is held in prison
  • ‘Equality of arms’ in theory; not working in practice
  • Majority of remand prisoners eligible for release:
    ▪ Sixty-six percent (66%) Maula + Kachere prisons
    ▪ Sixty-seven percent (67%) Mzuzu prison
  • Majority of sentenced prisoners eligible for release:
    ▪ Eighty percent (80%) Maula + Kachere prisons
    ▪ Sixty-six percent (66%) Mzuzu prison
  • High proportion of remand ‘overstayers’ and sentenced prisoners not confirmed by High Court

These findings have given a good platform for PASI to engage the key stakeholders for immediate policy actions towards enhancing access to justice for the poor and vulnerable Malawians.

Click: https://medium.com/sdg16plus/findings-from-auditing-prisons-in-malawi-part-1-a-data-driven-approach-to-sdg16-3-2-2b8346098bb3 to get the full article

Click here to Download Malawi Prison Audit Report - October 2023

The System Ineffectiveness Compromises Access to Justice-PASI Camp Courts Taming the Situation: The Case of a Homicide Remandee Awaiting Judgment for Ten Years Due to Missing File

PASI Paralegal Congratulates Mr Mwale on his being ReleasedFor a whole of ten-year period since 2013, Mr Mateyu Charles Mwale, a homicide remandee at Maula Prison, has been awaiting judgment after the trial in 2013. Little did he know that his file went missing, and he was on remand with no hope of seeing his judgment after trial.

In the year 2023, PASI arranged a Camp Court for homicide reamndees in collaboration with Legal Aid Bureau. The initiative was funded by the Irish Rule of Law International. As PASI paralegals followed up the case of Mr. Mwale, PASI included Mr. Mwale on the list of a Homicide Camp Court. The Legal Aid Bureau lawyer represented Mr. Mwale when he appeared before a judge of the High Court on 8th of March 2023.  The High Court released Mr. Mwale unconditionally. In the Picture, PASI Paralegal (in waist coat) congratulates Mr. Mwale on his unconditional release.

PASI has been organizing Camp Courts in prisons since early 2000. The aim is to address ineffectiveness of the justice system so that people access justice timely. For the period 2018 to 2022 with support from the European Union and UNDP, PASI has facilitated 416 Camp Courts which resulted in the release of 6,814 remandees from unlawful detention.

Paralegal Services Crucial to Enhancing Access to Justice

For the period January 2018 to July 2022, PASI implemented Access to Justice project with support from European Union and UNDP.  The PASI interventions in communities, police establishments, courts and prisons enhanced access to justice, and contributed to reduced congestion in places of custody especially for those charged with petty offences. This was evident as follows:

  • firstly, Paralegals facilitated the release of 149,662 suspects and accused charged with petty cases from the places of detention;
  • and secondly, 81,747 cases were resolved outside the formal justice system through village mediation in  communities.

These outputs contributed to the results realized in the formal justice institutions where the 2021 percentage caseload of petty cases went down to 34%,  lessened pressure as compared to the baseline value of 48% recorded in the year 2017. Furthermore, the 2021 percentage of prisoners serving a sentence of less than 3 years dropped to 28% , lessened pressure as compared to the baseline value of 42% recorded in the year 2017.

"The overall result is that, apart from the poor people being able to access justice, the formal justice institutions were also assisted through decongestion of places of detention as well as diversion of petty cases to the Village Mediators." -PASI National Director, Mr Clifford Msiska

ACTIVITY

Year

TOTAL

2018

2019

2020

2021

2022

Paralegal Aid Clinics

8,607

13,401

9,575

9,396

5,263

46,242

Suspects screened

64,688

96,120

101,423

106,542

36,422

405,195

Supported Camp Courts

71

80

90

118

57

416

Supported CCMs

76

111

114

139

25

465

Supported CUCs

67

81

81

62

22

313

Traced Sureties/ Witnesses

10,800

21,363

22,671

16,677

6,908

78,419

Traced Parents/ Guardians

6,882

16,898

15,674

15,345

5,147

59,946

Facilitation of Releases

27,719

33,337

32,942

38,462

17,202

149,662

Mr Clifford Msiska Ensuring Early Access to Criminal Legal Aid for Suspects and Accused

In the year 2014, Mr Clifford Msiska, the Director for PASI, addressed the participants at the International Conference on Access to Legal Aid in Criminal Justice System held in Johannesburg, South Africa. The presentation was and is still very insightful in light of ensuring timely access to criminal legal aid for suspects and accused in the formal justice system.

 

INSIDE DEDZA PRISON: PASI HOMICIDE CAMP COURTS TO THE RESCUE OF 24 REMANDEES; INCLUDING 2 HEAVILY PREGNANT WOMEN

On Monday the 29th of August 2022, PASI organized a camp court targeting homicide remandees whose cases had been stagnating without accessing timely justice.
Hon Justice Mtalimanja presided over 26 bail applications, which she granted bail to 24 remandees, and denied bail to 2. Out of those granted bail were 6 women, 2 of which were heavily pregnant.