The rights of detained and accused persons in post-Banda Malawi

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Periodical article

Title:	The rights of detained and accused persons in post-Banda Malawi
Author:	Wanda, B.P.
Year:	1996
Periodical:	Journal of African Law
Volume:	40
Issue:	2
Pages:	221-233
Language:	English
Geographic term:	Malawi
Subjects:	prisoners rights of the accused prisons
Abstract:	A new provisional constitution came into force in Malawi on 18 May 1994. Amongst others it provides for a detailed and enforceable Bill of Rights. Among the various rights that are guaranteed are the rights of a detained person, of an accused person, and of an accused person who is a child. The rights conferred by the new constitution represent a major break with the political and legal culture of Malawi fashioned under Dr Banda's 35-year dictatorship. The rights of a detained person include the right to be informed of reasons for detention, the right to humane treatment, the right to consult a legal practitioner and visitation, the right to challenge the lawfulness of the detention and the right to be released from unlawful detention. The rights of the accused include the right to remain silent, the right to be brought before a court of law, to be charged or informed of reasons for further detention, the right not to be compelled to make a confession, the right to be segregated from convicted persons, the right to be released and the right to a fair trial. Notes, ref.