Joint Statement: Malawi must act to prevent COVID-19 outbreak in prisons Around the world, criminal justice systems are taking bold steps to prevent the spread of COVID-19 in prisons. Ethiopia, Germany, Iran, Sudan and the USA have all released or furloughed large numbers of prisoners. Governments recognise an outbreak of COVID-19 behind bars could not only infect and kill hundreds or thousands of people inside prison, but spread out into communities as well. The Malawian Government has taken commendable steps to address this threat, but more needs to be done to protect those in detention, those guarding them, and surrounding communities from a potential public health crisis. Prisons and jails in Malawi are extremely overcrowded: prisoners sleep side by side, packed together in cramped communal cells. The Government recommends hand-washing stations, but cell blocks still lack even the most basic sanitation and hygiene facilities, such as buckets and soap. In such conditions, an outbreak of COVID-19 could prove impossible to contain. The virus represents a deadly risk, especially for older prisoners and prisoners with underlying health conditions. Below are a number of measures that we civil society organisations recommend to protect the public health and ensure detainees’ and all Malawians’ right to dignity, enshrined under Sections 19(1) and 42(1)(b) of the Constitution, are observed: Release of Prisoners We commend the swift action to organise camp courts across the country. Magistrates should recognise that these courts operate in extraordinary circumstances, and that the primary focus is to reduce prison overcrowding, as quickly as possible. Magistrates and police should also relax bail conditions following camp court releases, taking into consideration the unprecedented situation we find ourselves in. The Prison Commissioner should consider using her discretion to release or furlough all those who have served one-third of a sentence as an additional mechanism to reduce overcrowding. Prisoners who are elderly (over age 55), children, women with children and prisoners with pre-existing medical conditions should also be considered for release. We also call upon His Excellency President Mutharika to use his prerogative power of mercy to offer pardons to vulnerable and reformed prisoners. Reducing the flow into the prisons and police stations The Police should avoid making arrests on minor matters and refrain from demanding cash bail – overcrowded police cells pose a risk to inmates and the officers themselves. Magistrates can support these efforts by considering non-custodial sentences wherever possible and enforcing pre-trial custody limits. Preventative measures within the prisons and police stations We call upon the Ministry of Health to prioritise the health of the police, prison guards, and the vulnerable populations they oversee by providing supplies equal to the task of combating COVID-19. Calls for increased hand washing in prisons are welcome, without supplies to implement the order, they offer little protection.

When new suspects or inmates are to be admitted, strict screening procedures, including taking of temperatures should be put in place to avoid the risk of bringing the virus into a facility. Police and prison guards need urgent training on social distancing and hygiene. Restricting visits to prisons and police cells may prove necessary to protect detainees and staff, but would come at a significant cost to prisoners, many of whom depend on food brought in from outside as their primary source of nutrition. Shutting off contact with the outside world may aggravate the situation, leaving prisoners and their families feeling anxious and desperate. Limiting visits to close family members and medical staff would be the best solution, if strict screening measures can be introduced to prevent the virus entering detention facilities. Urgent legal communications could take place by phone. If and when access is restricted, we urge prison officials to find creative solutions to minimise the physical and psychological impact on prisoners. The World Health Organization : “We are talking about a highly vulnerable population in overcrowded conditions and once COVID-19 gets inside prisons, everyone will be contaminated very quickly.” This is particularly true of Malawi. The Government must acknowledge this and take appropriate steps to prevent an outbreak of this deadly virus in our prisons, police stations and courts, to protect the whole of Malawi.

CHREAA