Sex abuse perpetrated bypolice irks rights groups
Centre for Human Rights Education Advice and Assistance (Chreaa) and the Southern Africa Litigation Centre (Salc) say they have noted with concern increased reports of sexual violence allegedly perpetrated by police officers.
They were reacting to recent reports of the arrest of Sergeant James Luciano of Marka Police Unit in Nsanje for allegedly raping a 17-year-old girl in police custody.
While commending the Malawi Police Service for the arrest, the two organisations led by Victor Mhango and Chikondi Chijozi respectively, in a joint statement, say it is more concerning that, increasingly, victims of such abuse are women and girls who have been arrested for petty offences like idle and disorderly and in circumstances that do not constitute any offence.
The alleged victim in Nsanje was also arrested for the offence of idle and disorderly.
Reads the statement in part: “The arrest builds public trust in the Malawi Police Services commitment to upholding and protecting human rights. However, we appeal to the government as well as the legislators to take action to review such laws as one way of ensuring that the citizens are protected from such abuse.”
In January 2022, a police officer Andrew Chagaga was sentenced to 30 years for raping a 17-year-old girl arrested for an offence of idle and disorderly when she was going to overnight prayers.
In September 2022, Blantyre Police Station officer was arrested for allegedly defiling some street children in custody. They were arrested for begging and being idle and disorderly.
In 2017, the court, in Mayeso Gwanda v The State recommended that all vagrancy laws should be reviewed to ensure that they are in tandem with the Constitution and are not used as a tool for abuse mainly by the police.
In a similar case in July 2022, The State V Henry Banda, the court directed the government to review all vagrancy laws within 24 months to ensure that such laws are consistent with the Constitution.
The African Court on Human and Peoples’ Rights on December 4 2020 issued an Advisory Opinion on Vagrancy Offences (Case No. 1/2018). The court’s opinion speaks specifically to Malawi’s Penal Code provisions relating to idle and disorderly persons and rogues and vagabonds.
The court noted that using terms such as ‘rogue’, ‘vagabond’, ‘idle’ and ‘disorderly’ to label persons reflected an outdated and largely colonial perception of individuals without any rights, and “their use dehumanises and degrades individuals with a perceived lower status.
The African Court’s Advisory Opinion guides States on the review of outdated criminal laws.
The court notes that States must ensure that offences do not directly or indirectly target individuals in a discriminatory manner.
Chreaa and Salc, therefore believe that government will comply with the court orders and take steps to review all vagrancy laws within the timeframe set by the court. The two organisations described vagrancy laws as an easy tool for police officers to abuse vulnerable citizens.
