Insights - Malawi
NB: These findings stem from the initial stages of the Malawi Prison Audit 2023 which focused on Maula Prison and Kachere Women’s Prison (both in Lilongwe). As of end of July (2023) over 90% of the male and 100% of the female population (2646 prisoners) had been interviewed.
Many prisoners under-trial (on remand) could not afford the terms of bail set by the court.Many held in prison without trial beyond statutory custody time limits.Many sentenced prisoners serving <3 years could be considered for community based sanctions.
With regard to Gender…
Most women (96%) have children (42% have children under 5 years old).
Most are very poor (80% earn less than USD$50 per month).
Most have a settled residence (almost 90% have lived in their village more than 5 years).
100% claim to be first offenders.
81% not represented at court.
With regard to Governance…
Almost all detainees held on arrest longer than 48 hours.
Almost all detainees had no access to legal advice or assistance at police station.
All detainees formally interviewed by police in the absence of a legal advisor.
Very few represented by a lawyer in pre-trial and trial proceedings.
Very limited use of appeal either because sentenced prisoners don’t know how or fear a longer sentence.
IMPACT
To be updated - pending action of the Judiciary and Executive.