The only reported death, according to the report, was that of a
prisoner a sixty year old Buziel Kapalamula who was said to have been
refusing to take medication, but was reportedly put on Anti-retroviral
therapy (ART) at least a week before the allegations of the death of
prisoners due to hunger were made.
“There was indeed a challenge of the shortage of food at the facility,
due to low supplies of Maize. However, the stores of the facility had
bags of Beans.
“The prison authorities informed the Commission’s investigators that
this too was running low and that if it was not re-stocked within the
week, the facility would completely run out of food,” read the report
The report said Maula inmates and prison authorities informed the
investigators that the facility had no food supplies (maize) for three
days – these being Friday 21st, Saturday 22ndand Sunday 23rd December
2013.
The facility’s 2, 223 inmates were confirmed to have indeed spent
three days without food.
”On these three days, they reported that they were actually surviving
on food / meals brought to facility by relatives or well-wishers such
as the Catholic Women’s Organisation of the Maula Deanery and the
faithful from the Anglican community,” reads the statement signed by
MHRC Harry Migochi Deputy Director of Economic, Social, and Cultural
Rights.
The commission found that food supplies’ shortages had reportedly also
been exacerbated by lack of fuel for the Malawi Prison Service
vehicles which are used to ferry firewood for cooking and food stuffs
due to the result of the erratic funding to the Prison and
particularly the fact that there was no funding for December 2013 to
the facility.
Adds the statement, “The food shortage was also attributed to delays
in paying the suppliers of foodstuffs, particularly maize. As such,
the suppliers are reportedly no longer willing to be supplying the
facility without being paid.
“The prison authorities were reported to be engaged in negotiations
with ADMARC to supply them with Maize. It was learnt that the African
Bible College (ABC) Clinic had been ferrying and treating prisoners
(sick inmates) for two days, because of lack of fuel at the facility.”
Analyzing the situation, MHRC observed that the government has the
primary responsibility to feed and take care of prisoners in its
custody and if prisoners are not fed, or if they are not given
treatment when they are sick, one would simply conclude that this is
in a way some form of torture, cruel and inhuman treatment to inmates.
“The Government by erratically funding the prison facility is failing
in its primary obligation to promote and protect the prisoners’ rights
to health and life. It should be appreciated that such inconsistent
and erratic funding contributes greatly to suppliers not being paid
and the facility running short of foodstuff.
“The law as reflected in the Prison Regulations is not a mere
aspiration which has to be progressively attained, nor is it the ideal
that the law represents. It is in fact the minimum requirement. No one
should be allowed to disobey the law merely on the ground that he or
she does not have sufficient resources to enable them obey the law and
fulfill their obligations under the law,” the report reads in part
On recommendations, MHRC calls on government to immediately come to
the rescue of the situation by timely and adequately funding the
Prison Service Department before the situation deteriorate to the
point of letting well-wishers and relatives feeding the prisoners and
private institutions like the ABC ferrying and medically treating the
prisoners instead of the Government taking this as its primary
responsibility.
It also says that the Constitution safeguards the fundamental right of
the right to human dignity, as a non-derogable right.
“It cannot be taken away even where prisoners are concerned. Section
42 guarantees that prisoners will be confined in conditions that
respect their human dignity. The food shortage situation where
prisoners go without food for over three days is a critical human
rights issue,” the commission says.
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