Malawi: A Right to Palliative Care for Remandees

SALC is working with the Centre for Human Rights Education Advocacy and Advice (CHREAA), building on previous work establishing a right to bail for terminally ill remandees, to develop a right to palliative care for persons in detention in Malawi. The applicant was a remand detainee at Maula prison who was in terminal liver failure. Two medical reports documented the inability of facilities and resources in detention to provide for his palliative needs and motivated for the release of the applicant that he could access palliative care through facilities available in the community. The applicant applied for bail arguing, amongst others, that his ongoing detention amounts to torture and cruel and inhuman treatment due to the pain and suffering he experiences in the absence of appropriate palliative care. On 24 March 2016 the Lilongwe High Court granted the applicant bail. A written judgment is expected in due course.