…..Calls for Judicious Application and Protection of Fundamental Rights…
LILONGWE-(MaraviPost)-The country’s civil rights group under the banner National Advocacy Platform (NAP) is condemning Malawi Police Service for misusing Cyber Security Act to silence dissenting views.
NAP’s condemnation comes amid police political arrests and detentions of lawmaker Kamlepo Kalua, political activist Bon Kalindo, and the most recently, Rev. Kondwani Chimbirima Gondwe.
In a press statement issued on Tuesday, June 25, 2024 and signed by NAP chairperson Benedicto Kondowe observes that arrests are detrimental fundamental to freedom of expression in democratic society.
“These arrests , unprecedented since the tragic plane crash involving the Vice President and eight others, appear to constitute a blatant violation of fundamental human rights, undermining the rule of law and the integrity of our justice system.
“The arrests, conducted under the Electronic Transaction and Cyber Security Act of 2016, misuse this law to infringe upon constitutional rights to freedom of speech, expression, and opinion”, reads NAP statement in part.
NAP observes, “Section 42(2) of Malawi’s Constitution mandates prompt notification of reasons for arrest and a court appearance within 48 hours—principles ignored in these cases. Sections 87 and 88 of the Act criminalize electronic communication without clear standards, risking arbitrary enforcement and stifling legitimate dissent.
“Internationally, Malawi adheres to Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, affirming the right to hold opinions freely and to seek, receive, and impart information without interference”.
Kondowe adds, “It is imperative that police actions respect these rights, ensuring arrests are conducted transparently and lawfully.
“We are deeply concerned about Hon. Kalua’s arrest, based on a voice note allegedly made by Rev. Gondwe. Kalua was arrested in Blantyre and transferred between three police facilities in Lilongwe, violating his rights and causing undue distress”.
He stated, “Similarly, Kalindo’s and Kalua’s transfers to distant police cells hindered their lawyers’ and families’ access, raising fairness concerns.
“Detaining individuals without due legal process and adding charges without substantial evidence violate principles of justice and fairness. Any charges against Hon. Kalua, Mr. Kalindo, and Rev. Gondwe must be substantiated by credible evidence and adjudicated fairly”.
NAP emphasizes the importance of upholding human rights and the rule of law as cornerstones of our democracy.
“Arbitrary arrests and detentions tarnish the government’s reputation regarding compliance with national and international standards and diminish public confidence in their ability to administer justice effectively. The police must ensure suspects are timely granted bail or brought before a competent court to take a plea.
“NAP demands immediate respect for due process and fair treatment. We denounce the misuse of the Electronic Transaction and Cyber Security Act to stifle dissent and call for its urgent review,” demands NAP. Chairperson Kondowe.
He adds, “Justice must prevail, and all individuals in Malawi must be able to exercise their constitutional rights freely and without fear of arbitrary arrest or unjust prosecution.
“NAP is committed to defending the freedoms of speech, expression, and opinion as enshrined in the Republican Constitution”.
Kondowe observes further, “Whilst promoting civic responsibility in the exercise of the foresaid freedoms, NAP will challenge any law that seeks to revert the country to the dark daysof fear, persecution without trial, and torture by law enforcement officers.
“Respect for the rule of law is only attainable when laws are enacted and applied judiciously to guarantee people’s rights and freedoms”.
Malawi Police Service National publicist Peter Kalaya has been defending the arrest without remorse while denting President Lazarus Chakwera’s Tonse Alliance with dictatorial tendencies since 2020.
