Malawi’s human rights record was assessed under the UN Universal Periodic Review,
during which officials stated that an independent police complaints commission had
been established to investigate police brutality.
Up to 1.1 million Malawians were in need of food aid despite five consecutive years
of maize production surpluses.
Prisons were overcrowded: the prison system, with a capacity of 6,000, was holding
around 13,000 prisoners. Prison congestion was exacerbated by prolonged pre-trial
detention, with pre-trial detainees forming up to 20 per cent of the prison population.
Overcrowding, poor nutrition, poor sanitation and inadequate health facilities contributed
to the spread of infections including tuberculosis and measles. Many prisoners relied
on families and charities for supplementary food.
In Chichiri prison in June, prisoners were locked in overcrowded communal cells with
poor ventilation and had to sleep sitting up. Up to 200 prisoners shared one toilet.
One inmate, Alex Mkula, had been held for nine years without trial: he was later released
on bail. The female section of Chichiri prison was similarly congested. Eight of the
55 female prisoners were mothers with babies.
In its Universal Periodic Review, Malawi stated it had ended mandatory pre-trial detention
to prevent prison overcrowding.
On 18 May, two prisoners of conscience, Steven Monjeza and Tiwonge Chimbalanga, were
convicted on charges of “gross indecency” and “unnatural acts” after holding a same-sex
engagement party in December 2009. Both were sentenced to 14 years with hard labour.
On 29 May they were pardoned by President Mutharika, following a visit to Malawi by
UN Secretary-General Ban Ki-moon. However, Tiwonge Chimbalanga went into hiding in
fear of hate attacks.
In its Universal Periodic Review, Malawi stated that it had no plans to legalize homosexuality.
In February the Journalists Union of Malawi expressed concern about a government directive
advising officials that they should not advertise in newspapers published by Nation
Publications Limited, including The Nation, Weekend Nation and Nation on Sunday, after they had published articles considered critical of the government.
The long-running trial of Malawi’s former President Bakili Muluzi continued at the
High Court in Blantyre but was delayed by his health problems. He was arrested in
2005 on corruption charges, but alleged the charges were politically motivated.
