Table 1: Death of Prisoners from January 2014 to September, 2018: - Source: Malawi Prison
Service
Police Station
Blantyre
Chitipa
Chikhwawa
Dedza
Karonga
Kasungu
Kachere
Mangochi
Lilongwe
Mzimba
Mzuzu
Mwanza
Mulanje
Nkhatabay
Nkhotakota
Ntcheu
Rumphi
Thyolo
Zomba Central
Number of Deaths
48
3
6
1
3
11
5
6
98
21
36
4
19
2
19
26
3
12
91
Article 5 - Prohibition of Torture and Cruel, Inhuman and Degrading Treatment
118. Torture is prohibited by the Constitution of Malawi. However, there is no standalone
legislation or provision that criminalizes torture. The Criminal Procedure and Evidence
Code also prohibit obtaining evidence through torture. The Malawi Human Rights
Commission is currently holding public inquiry on the prohibition of corporal
punishment against children in public schools.
Corporal punishment is considered
inhuman and degrading treatment. Cases of alleged torture, cruel, inhuman and degrading
treatment however still exist, particularly against law enforcement agencies.
119
In order to address this challenge, the Human Rights Section in the Ministry of Justice
and Constitutional Affairs in collaboration with the Malawi Prisons Service and Malawi
Human Rights Commission is in the process of establishing a complaints handling
mechanism in selected prisons in Malawi. This system will ensure that cases of torture
34