conduct and ethics for the Malawi Public Service goes a long way in fulfilling the obligations placed on the public service by the Constitution of Malawi and the Malawi Public Service Act. Malawi has also adopted a Public Service Management Policy 2018 to 2022 and a Public Sector Reforms Policy 2018-2022. 115 Malawi is yet to ratify the Protocol to the OAU Convention on Prevention and Combating Terrorism. However, the Financial Crimes Act which repealed the Money Laundering, Proceeds of Serious Crime and Terrorist Act of 2006 partially addresses the issue of terrorism. The Act introduces enhanced penalties for the offence of terrorism financing, and financing proliferation of weapons of mass destruction. This is in line with Article 3 of the Protocol which enjoins states to identify, detect, confiscate and freeze or seize any funds and any other assets used or allocated for the purpose of committing a terrorist act. Article 4 - The Right to Life and the Integrity of the Person 116. The right to life is guaranteed under Section 16 (1) of the Constitution. Regarding the death penalty, since the adoption of the new Constitution in 1994, Malawi has never carried out any execution. As such, death sentences are automatically committed to life imprisonment. The 2011 amendment to the Penal Code removed the mandatory imposition of the death penalty in cases of murder and treason. The amendment reconciled the Code with the 2007 Malawi High Court Kafantayeni decision which struck down the mandatory death penalty as unconstitutional, bringing judicial discretion into sentencing. In 2016 only one person was sentenced to death and by 2017 there were 28 persons on death row. The Supreme Court decision of Mclemonce Yasin MSCA Criminal Appeal No. 29 of 2005 ruled that all those who were previously sentenced to death penalty were entitled to resentencing. 117 Statistics on persons who have died in Police custody are difficult to come by. For persons who have died while in prison the table below gives the statistics. 33

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