We traveled to Maula Prison within Lilongwe for the release from prison for the four women whose fines we paid. I was surprised to discover that one of the woman had a small child with her. Apparently, she had the child with her at the time that she was arrested and, therefore, the child remained in prison with her mother.
After seeing the women released we headed an hour and a half north to Ntchisi Prison, which is an all male facility. We met with the officers in charge when we first arrived. They were very welcoming and appeared happy to see us.
During our visit, we discovered that there were three men serving prison time for being convicted of being rogues and vagabonds. These mean have been ordered to pay fines ranging between $15 to $20. If they are unable to pay these amounts, they must serve 2 and 1/2 months in prison. The Malawi Penal Code states that "[e]very person found in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose" may be charged as a rogue vagabond. I learned from Moses Chione and Wesley Namasala that the rogue and vagabond provision of Malawi's Penal Code is somewhat archaic and many courts will not enforce it.
After reviewing the files, we had an opportunity to enter the prison yard and meet with some of the men. We met with a group of men who have been charged with murder but are being held in the prison on remand. Being held on remand means that their case has not gone to trial. A person charged with murder must remain in prison until their trial unless they are granted bail and are able to post bail. It can take up to seven to ten years for a murder case to go to trial.
The second group we met with are men who have been fined, but who cannot afford to pay the fine so they must remain in prison. The three men who have been convicted of being rogues and vagabonds were part of this group.
As we were leaving approximately ten prisoners ran up to the officer in charge. They told him that they wanted us to meet with them. One of the paralegals we were with told us that these men were part of a group of 63 Ethiopian Immigrants who were arrested and convicted for being in Malawi illegally. The paralegal said that they had been sentenced to 9 months in prison with no fine option. He indicated that the only option was to file an appeal, but their 9 months would be completed by the time the appeal was decided. We were basically told there was nothing that could be done from a legal perspective. As a group we decided it was not prudent to meet with them as we did not want to provide them with anything false sense of hope. I still am not sure that this was the right decision. We may have still been able to offer some encouragement to them even if we could not provide any legal assistance.