TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 134

CONFIDENTIAL

MALAWI

Report by British High Commission, Lilongwe.

Right No.

(i)

(ii)

(iii)

Rating Suggested

by Post

There was a substantial increase in the number of detainees in 1975/76 but there may have been a real improvement by the end of 1976. The total is believed to have risen sharply to about 2,000 by late 1976 (0.04% of the population) of whom about 600 were believed to be under indefinite detention orders and 1,400 on 28 day orders (though many of these would have been held for longer than 28 days). But at the end of the year some 700 people on 28 day orders were released. Both kinds of orders are pro- vided for in the Preservation of Public Security Act. The people on indefinite detention orders are mainly those who are suspected of having said or done something contrary to the policy or interest of the President or the Malawi Congress Party, or whose loyalty to the President or Party was in doubt. Some of those on 28 day orders might be people under investigation suspected of coming in the above category; many others would be suspected of ordinary criminal offences but held in custody by the police on detention orders for convenience.

Beating of political opponents has occurred in the past, but we have no evidence that it is now used on prisoners. Prolonged detention in overcrowded, unhygenic prisons may be regarded as "inhuman or degrading treatment" But this is the normal standard of Malawi prisons: it is not treatment inflicted as a punishment.

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There have been reports, which we have been unable to substantiate, of ill treatment of Jehovah Witnesses. To the extent that they are true it is most likely to be the action of the League of Malawi Youth, an ill- disciplined political body, not as a result of deliberate Malawi Government policy.

Slavery does not exist.

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2

O

(iv)

Nobody is allowed to propagate any news or views which are unwelcome to the Party. Criticism is allowed - even encouraged of individuals in Party or Government who abuse their positions or otherwise give cause for complaint.

CONFIDENTIAL

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