Today was Mother's Day in Malawi, which is a national holiday. Even though it was a holiday, Wesley Namasala agreed to meet with us to discuss working together with us moving forward. The meeting was very productive. We agreed to move forward with bail applications for two prisoners that Charles and Moses will identify after performing the necessary research.
Wednesday, October 14, 2015
We traveled to Maula Prison within Lilongwe for the release from prison for the four women whose fines we paid. I was surprised to discover that one of the woman had a small child with her. Apparently, she had the child with her at the time that she was arrested and, therefore, the child remained in prison with her mother.
After seeing the women released we headed an hour and a half north to Ntchisi Prison, which is an all male facility. We met with the officers in charge when we first arrived. They were very welcoming and appeared happy to see us.
During our visit, we discovered that there were three men serving prison time for being convicted of being rogues and vagabonds. These mean have been ordered to pay fines ranging between $15 to $20. If they are unable to pay these amounts, they must serve 2 and 1/2 months in prison. The Malawi Penal Code states that "[e]very person found in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose" may be charged as a rogue vagabond. I learned from Moses Chione and Wesley Namasala that the rogue and vagabond provision of Malawi's Penal Code is somewhat archaic and many courts will not enforce it.
After reviewing the files, we had an opportunity to enter the prison yard and meet with some of the men. We met with a group of men who have been charged with murder but are being held in the prison on remand. Being held on remand means that their case has not gone to trial. A person charged with murder must remain in prison until their trial unless they are granted bail and are able to post bail. It can take up to seven to ten years for a murder case to go to trial.
The second group we met with are men who have been fined, but who cannot afford to pay the fine so they must remain in prison. The three men who have been convicted of being rogues and vagabonds were part of this group.
As we were leaving approximately ten prisoners ran up to the officer in charge. They told him that they wanted us to meet with them. One of the paralegals we were with told us that these men were part of a group of 63 Ethiopian Immigrants who were arrested and convicted for being in Malawi illegally. The paralegal said that they had been sentenced to 9 months in prison with no fine option. He indicated that the only option was to file an appeal, but their 9 months would be completed by the time the appeal was decided. We were basically told there was nothing that could be done from a legal perspective. As a group we decided it was not prudent to meet with them as we did not want to provide them with anything false sense of hope. I still am not sure that this was the right decision. We may have still been able to offer some encouragement to them even if we could not provide any legal assistance.
Tuesday, October 13, 2015
I had the opportunity to travel with Moses Chione from the Paralegal Advisory Service Institute and Charles Msukwa of Amazing Grace Christian Ministry to the Mkukula Magistrate Court so that we could pay $20 fines for two women who otherwise must serve 6 months in prison. The court was located about 45 minutes north of Lilongwe. The court consisted of a brick building that comprised the clerk's office and Magistrate's chambers. The actual court was outdoors. Court was not in session so we went to the clerk's office. There were six court employee's located in the clerk's office. They were very friendly and happy to see us. They hand wrote and stamped the orders necessary for the two women to be released.
We were informed that the Magistrate was presiding over initial hearings at the Police Station. This meant we needed to travel there to obtain the Magistrate's signature on the release orders. As Court was in session, Moses went into the courtroom to see the Magistrate. As Charles and I were waiting outside the Court, a woman dressed in a uniform walked over to me and asked why I was there. I explained that I was a lawyer in the United States working with Moses to learn more about Malawi's court system. She told me that she was a prosecutor and invited us to go into the Court with her. She was very quick to explain that since they were handling the initial hearings at the police station, it was a make shift court room using plastic chairs and folding tables. The courtroom was laid out very similar to the courtrooms here. The only main difference was that the witness stand was off to the side of the prosecutor's table instead of in the front of the courtroom. The hearing also proceeded similar to court proceedings here.
Upon returning to Lilongwe we met with Lawyer Wesley Namasala to discuss working with our team by representing prisoners we are working with at bail application hearings or trials. Wesley expressed a passion for the plight of the men and women in Malawi's prisons. He also presented himself as a very capable lawyer.
Monday, October 12, 2015
I had the opportunity to meet with Charles Msukwa of Amazing Grace Christian Ministry, Moses Chione of the Paralegal Advisory Service and others at Amazing Grace's office. The purpose of the meeting was to discuss how the three of us could work together to strengthen Amazing Grace's ministry by providing legal services to the men and women in Malawi's prisons. This meeting was very informative and productive.
First, I learned that there were men and women in prison who have been convicted of smaller crimes (they would be considered misdemeanors here) and ordered to pay a fine. As these men and women were unable to pay the fine, they are being required to serve anywhere from one month to 2.5 years in prison. However, once the fines are paid, these men and women will be immediately released. I assumed that the fines would be high. To my surprise, many of the fines were between $20 to 50.
Second, I discovered that there are a number of men and women who have been charged with murder that have been in prison for years without having been given the opportunity to post bail. Murders in Malawi generally do not involve intent or malice aforethought. Many of the cases involve physical altercations over property, or in defense of one's family. All murder cases are heard by the High Court. And, a murder defendant must be represented by counsel. It takes 7 to 10 years for a murder case to go to trial. As there are limited resources available for representation of murder defendants, bond applications are generally not timely filed. As a result, murder defendants who are simply accused of the crime and may not be guilty, must remain in prison for years without being given the opportunity to post bail and return home to care for their family.