On 13
May 2013, Irish Rule of Law International (IRLI) facilitated the first ‘camp court’
of the year in Maula Adult Prison, Lilongwe. A ‘camp court’ is essentially a fully functioning court session which is
located within the physical grounds of the prison with a view to bringing
justice to the accused persons who are being held in pre-trial detention. Facilitating
these court hearings is a key project objective for IRLI, as the regular court
system suffers from a lack of resources and cannot process the cases of accused
persons in a timely fashion. Camp Courts therefore serve to expedite the
justice process by giving remandees access to justice, many of whom are being
held in illegal detention as their remand periods have elapsed. Like an
ordinary formal court setting, the key stakeholders were present on the day,
including the magistrate, court clerk, social and community officer, the
prosecutor, paralegals and the accused.
Prior to the court hearing, newly joined IRLI
Programme lawyers Jane O’Connell and Paul Bradfield liaised with the Social and
Community Officer to select and screen suitable remand candidates for the camp court,
with this particular session targeting those charged with minor offences who
wished to apply for bail. On the morning of the hearing, the remandees were
sensitised in legal literacy led by a PASI (Paralegal Advisory Service
Institute) paralegal. They were informed about the purpose of the hearing, how
the process would run and what the legal and practical significance was of
applying for and receiving bail.
During the hearing, a total of twelve remandees
came before the magistrate, the majority of whom were charged with theft-related
offences. Of these twelve, seven were released on bail, three who had already
been convicted were each handed a suspended sentence of six months and two had
charges dismissed as the accused persons had agreed to pay compensation to the
victim in each particular case. All twelve were released on the same day. In
addition, and as a result of IRLI’s intervention during the screening phase, a
further ten remandees have experienced progress in their case. Some had already
been taken to court, some had been released from prison and others had a date set
for a trial court. In total, twenty-two remandees
experienced access to justice and due process through the holding of this one
camp court by IRLI.
Of particular note during the hearings was the
visibly engaged demeanor and impressive level of interaction witnessed on the
part of the remandees. With the majority of them being first-time offenders, prior
to participating in the legal literacy session facilitated by IRLI, they had no
prior knowledge or direct experience with the formal legal system. To consequently
witness them display the confidence to constructively engage in dialogue with
the magistrate regarding their personal circumstances and ability to adhere to
bail conditions was extremely positive. Their gratitude at being given an
opportunity to be heard and to be a part of the process was also evident in
their words and expressions after the hearing as they left the ‘courtroom’.
As well as facilitating access to justice through
the camp court process, IRLI seeks to trigger other positive ramifications for
the Malawian criminal justice system. As a result of the remandees being
released from pre-trial detention, it contributes to the alleviation of the
serious congestion and overcrowding problems in Maula. The released remandees
will also no longer be exposed to the serious health risks existing within the
prison resulting from inadequate dietary intake, unsanitary conditions and poor
healthcare facilities.
IRLI will continue to facilitate camp courts in
Maula Adult Prison and Kachere Juvenile Prison in the coming months including
targeting cases which involve more serious offences including homicide.
