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Amnesty International Report 2003 - Malawi

Covering events from January - December 2002

REPUBLIC OF MALAWI
Head of state and government: Bakili Muluzi
Death penalty: retentionist
International Criminal Court: ratified

Political tensions increased ahead of general elections scheduled for 2004. Police failed to investigate several instances of political violence perpetrated by ruling United Democratic Front (UDF) supporters against the opposition. State repression of freedom of expression and assembly escalated. Approximately 22 people were sentenced to death. No executions have take place since 1992.

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Background

The government continued its efforts to amend the Constitution to enable President Muluzi to run for a third term, leading to growing criticism from local churches, human rights groups and western donors. Article 83(3) of Malawi's Constitution, adopted in 1994 following the move to multi-party democracy, allows the President to stand for two terms only. In response to the July defeat of a private member's bill to amend Article 83(3), the Minister of Justice drafted a new Third Term Bill scheduled for parliamentary debate in January 2003.

Policing

Widespread abuse of powers by police continued. Torture of suspects and deaths in custody were common as well as excessive use of force during public demonstrations. Detention of criminal suspects without charge or trial was routine, as was denial of access to legal representation. Approximately two thirds of prisoners, including juveniles, continued to be detained for long periods without charge or trial, many in harsh conditions. Rape and sexual abuse of juvenile detainees by adult prisoners were reportedly rampant.

• Michael Chauluka died in custody in April. He was reportedly beaten to death during interrogation by police officers after being arrested on suspicion of burglary. The Director of Public Prosecution cleared police of responsibility in August following a government post-mortem. However, an investigation conducted by the Malawi Human Rights Commission found that Michael Chauluka's injuries resulted from beatings by police. A coroner's inquest was subsequently ordered.

Freedom of expression and assembly

State repression intensified in the context of the efforts to afford the President a third term. Intimidation and harassment of journalists believed to be critical of the government escalated. In response to continuing public protest, President Muluzi issued a directive in May which banned all public demonstrations for or against a third term. This directive was later reversed by the High Court which ruled that it was unconstitutional and an infringement on freedom of assembly and association. Despite the ruling by the High Court, riot police fired tear gas at anti-third term demonstrators in November. Opposition members of parliament and supporters were reportedly intimidated and harassed by ruling UDF supporters, as part of a state-sponsored campaign to suppress opposition.

• Danga Mughogho, regional chairman of the opposition Malawi Forum for Unity and Development, was arrested in September for allegedly organizing a protest calling on motorists to hoot their car horns to demonstrate their opposition to the third-term amendment. He was initially charged with "conduct likely to cause a breach of peace". However, following the High Court decision overturning President Muluzi's ban on demonstrations, he was charged with the lesser offence of excessive use of a car horn under the Road Traffic Act.

Food shortages

Serious food shortages caused by floods put approximately 3.3 million Malawians at risk of hunger and starvation by the end of 2002. The food shortages were reportedly exacerbated by the sale of almost all of Malawi's grain reserve in late 2001. The government's decision to sell the grain reserve was reportedly based on advice from donor agencies led by the International Monetary Fund, despite early indications of escalating food shortages.