MHRC strongly condemns arrest of CDEDI leader Namiwa for allegedly organizing an illegal demonstration

Namiwa, CDEDI executive director 

* The police ought to have stopped the demonstrations and not arrest the human rights activist

* The Commission is concerned that a human rights activist was arrested for merely exercising his right

* The Commission is concerned with the undignified manner he was roughed up by the police during his arrest

* He was handcuffed and whisked away to Linthipe Police Unit in Dedza, yet his arrest happened in Lilongwe

By Duncan Mlanjira

The Malawi Human Rights Commission (MHRC) has condemned the arrest of executive director for Centre for Democracy and Economic Development Initiative (CDEDI), Sylvester Namiwa, when he tried to exercise his rights to organize a mass demonstration at Parliament grounds last Wednesday, August 11.

Namiwa was arrested after his attempt was deemed by the authorities as an illegal demonstration but MHRC deems the action by the police as a human rights violation.

In a statement issued Tuesday, August 17 by MHRC’s chairperson, Scader Louis, the national human rights body says “the police ought to have stopped the demonstrations and not arrest the human rights activist”.

Louis says MHRC takes cognizance that the demonstrations were triggered by an allegation of the smuggling of a Bill to Parliament by a Presidential aide and a public officer in the Ministry of Finance.

“According to the police, Mr. Namiwa was arrested because the demonstrations were not sanctioned by Lilongwe City Council. The Commission has conducted preliminary investigations on the matter and has noted a number of human rights violations.

“Firstly, the Commission is concerned that a human rights activist was arrested for merely exercising his right.

“Secondly, the Commission is concerned with the manner in which Mr. Namiwa was roughed up by the police during his arrest. This was undignified.

“As if that was not enough, he was handcuffed and whisked away to Linthipe Police Unit in Dedza, yet the events leading to his arrest happened in Lilongwe.

“There was no justification for this action which in the process denied his relatives, lawyers and fellow comrades the right to communicate with him,” says Louis in the statement.

Namiwa was then released on court bail three days later — on Friday, August 13th after his arrest at the entrance of Parliament Buildings on Wednesday.

MHRC also condemns the police that after Namiwa was taken back to Lilongwe, he was placed in a solitary cell at Lilongwe Police Station and “was put in leg irons as if he was a dangerous criminal”.

“The Commission strongly condemns police action which is not in line with the Constitution of Malawi as well as international human rights standards. Section 42 of the Constitution states that every arrested person must be held under conditions that are consistent with human dignity.

“Placing a suspect of crime under leg irons is inconsistent with human dignity and should be condemned without any reservations. It is a relic of the past and should not be condoned under the new democratic regime where our police service is expected to abide by human rights standards in the performance of their duties.”

MHRC further says there is “no justification at all for any suspect to be treated as if they are a condemned prisoner. One must always be presumed innocent until proven guilty by a competent court of law”.

“Again Section 42 of the Constitution states that a detained person must be given the means and opportunity to communicate with and to be visited by his or her spouse, partner, next of kin, relative, religious counsellor and medical practitioner of his or her choice.

“The same section states that an arrested person must be allowed to consult confidentially with their legal practitioner. The actions of the police by whisking Mr. Namiwa away from Lilongwe to Dedza made it very difficult for all these rights to be exercised.”

Louis goes further to ask the Inspector General of Police to explain why this was done and for what justification and also to justify why a leader of a public demonstration should be put in leg irons.

She also questions why Namiwa was not granted police bail on the same day of his arrest as the reasons for his arrest were unjustified and he did not resist the arrest.

According to Louis “recent events have shown that some suspects — being accused of serious criminal offences — are being granted police bail”.

“There must be consistency and fairness in treating all persons without discrimination. All the actions of manhandling him and denying him bail were unnecessary and uncalled for.

“These actions are contrary to the police reforms that have been championed for decades. The Commission will therefore conduct full investigations into the matter and will release findings of the investigations in due course.”

Louis signs off by calling upon the Commissioner of the Independent Police Complaints Commission to conduct independent investigations into the matter.