Conference Highlights Flaws in Justice System

The Criminal Justice Reform Conference in Lilongwe has reached a crescendo, with presenters delivering thought-provoking presentations that spark candid discussions aimed at unraveling the complexities that hinder the criminal justice system.

The first presentation delved into the legal and human rights framework. A distinguished panel comprising representatives from the Judiciary, Malawi Police Service, Legal Aid Bureau, and civil society engaged in a profound discussion on the delays in bringing suspects to court within the legal timeframe and the tragic cases of suspects forgotten within the system, subjected to undue suffering.

Mr. Victor Mhango, from the Centre for Human Rights Education, Advice and Assistance (CHREAA), passionately highlighted the grave injustices plaguing the justice system. He lamented that countless impoverished individuals are forgotten for years—sometimes as long as 10 to 17 years—simply because they lack access to legal representation.

These individuals, often from the most marginalized sections of society, are left to navigate the intimidating legal system without the guidance of a lawyer.

Mr. Mhango called on authorities to find solutions and end this suffering, emphasizing that the lack of legal assistance not only violates their right to a fair trial but also condemns them to a life of uncertainty and despair.

Following this, Mr. James Kaphale and Ms. Leah Liwonde from the Catholic University of Malawi presented on ‘Ensuring Access to Justice: Safeguarding the Right to a Fair Trial of Detained Persons in Legal Proceedings.’ Advocate Isabella Obara from Legal Advice and Litigation of Kenya joined the panel, narrating how authorities abuse the criminal justice system through arbitrary arrests.

Lawyer Mathew Chione from the Directorate of Public Prosecutions (DPP) in Malawi presented a paper titled ‘Pre-trial Detention: Systematic Factors, Process, and Practice—a Call for Reform,’ further enriching the discourse with his insights.