are effectively reported to institutions such as Prison Inspectorate, and MHRC for
effective remedies.
120
There have been allegations of torture of prisoners. In 2014 there were two allegations of
torture one at Rumphi Prison and another one at Thyolo Prison. The Rumphi matter was
referred to police for criminal prosecution while the Thyolo case, a disciplinary inquiry
was conducted which led to the fining of the rank through loss of pay. In 2017 at
Kasungu prison, a prisoner was beaten to death by a prison warder. The suspected prison
warder is now on remand awaiting criminal prosecution.
121
On its part, the Malawi Police Service has the following statistics on cases of torture,
excessive use of force and the implementation of the 20th July Commission of Inquiry
recommendations.
(i)
One officer was prosecuted and convicted for murder
(ii)
Three officers are still being prosecuted
(iii) In a case of shooting dead a truck driver carrying charcoal one officer was
prosecuted and convicted of manslaughter and his two colleagues were acquitted by
the High Court.
(iv) Presently there are no statistics on person who have died in police custody.
122
The Police Act of 2010 (Cap. 13:01) of the Laws of Malawi provides for the
establishment of the Independent Police Complaints Commission (IPCC) which is yet to
be operationalized. The IPCC’s mandate includes investigating any misconduct or
offence allegedly committed by the Police; investigating any death or injury in police
custody or as a result of police action; and investigating any complaints against police
officers or against the Police Service. It is envisaged that such a body will have more
impact due to a structured legal and independent system of handling cases dealing with
the police. Currently, the Malawi Police Service has a Professional Standards Unit which
handles inquiries into serious acts of police misconduct where officers can be prosecuted
or face disciplinary actions, including dismissal. The Police Act also provides for a Lay
Visitors Scheme under sections 124 to 126. The objective of the Scheme is to enable
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