Rule of Law and Access to Justice in Eastern and Southern Africa

Page 115

Annex 1 - case study matrix 4

Results (outputs and outcomes)

Emerging issues/ lessons

Results in Malawi have included: • The numbers of illegal remand warrants used by the police to detain persons fell and a substantial number of old cases have been processed by the courts. • Juveniles in conflict with the law have been diverted from the criminal justice system at police stations. • Paralegals highlighted health problems within the prisons which were followed up by healthfocused NGOs. • Magistrates commented on the improved understanding of the law demonstrated by prisoners in court and noted that prisoners were entering informed pleas. • Magistrates increasingly entered the prisons through camp courts to screen the remand caseload.

• Legislation on prisons has been revised and is currently in draft form. • A draft of new legislation on alternatives to prisons has been produced.

• This intervention highlights the need to engage with national reform processes so as to ensure an overarching policy and legislative framework is in place for the protection and realization of the human rights of prisoners.

• Training for prisons staff on this new legislation on prisons and human rights has been prepared and conducted in several provinces.

Rule of Law and Access to Justice in Eastern and Southern Africa: Showcasing Innovations and Good Practices 101


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