On 19 June 2025, the High Court of Malawi granted an order declaring the use of excessive force against a child as torture in the case of Chrissy John Lawrence (On behalf of a minor JM) v The Inspector General of Police. The Southern Africa Litigation Centre (SALC) supported the claimant in this matter. The order by the High Court in Blantyre declared, among others, that:
“[T]he Defendant’s [Police] use of excessive harsh action amounted to torture, cruel, inhuman and degrading treatment in apprehending and detaining the Claimant when there was no resistance on his part and was therefore unlawful and unconstitutional.”
SALC welcomes the order as a step towards justice, but stresses that this is only a partial victory in terms of accountability and reparation. While the order paves the way for compensation, SALC highlights that criminal prosecution of such conduct as torture is crucial in order to achieve accountability and deter such conduct in future.
SALC’s International Justice Cluster Lead, Dr Atilla Kisla, highlighted that:
“We welcome the decision in this matter. However, this case reveals the accountability gaps that exist within the legal framework that facilitates and enables such conduct by the Police. While the perpetrators in this matter were convicted by a criminal court earlier this year, none of them were charged or convicted for torture. More than ever, this case illustrates that Malawi must abide by its international law obligations under the Torture Convention and other binding treaties and provide a regulatory framework that allows for the criminal prosecution of such conduct as torture. Prosecuting perpetrators of torture for less severe offences is inconsistent with international law and Malawi’s Constitution.”
SALC’s Criminal Justice Cluster Lead, Chikondi Chijozi, stressed that:
“This case is heartbreaking. A child has been tortured and lost both hands in the custody as a result of police abuse. The police did not inform the parents about the detention, did not separate the child from adult detainees, and denied the child access to food during the unlawful and unconstitutional detention. Our criminal justice system should protect children; however, in this case, it failed completely. No amount of compensation can make up for the lifelong trauma and irreversible disability the child now faces. All of us – lawmakers, prosecutors, judges, and the police – must take action to prevent this from ever happening again.”
Although Malawi’s Constitution prohibits torture, no written law punishes acts of torture or any other cruel, inhuman or degrading treatment under the Penal Code. Malawi is, however, under an international law obligation to punish such acts. While the perpetrators in question have been convicted for grievous harm and neglect of official duty, a correct legal characterisation is not only symbolic but crucial to achieve accountability and prevent such acts. SALC calls on all stakeholders to take urgent steps to close these accountability gaps to ensure that no child – or any person – has to suffer such brutality again.
Background Information
On 25 April 2025, the Magistrate Court in R v Mbewe and 2 Others Criminal Case Number 124 of 2024 found two police officers guilty of causing grievous harm and neglect of official duty for tying the hands of a 13-year-old child with a rubber belt for multiple days that led to poor blood circulation and ultimately to the amputation of both limbs. However, while the judgment might appear as a step towards accountability, it reveals the disconnect between Malawi’s Penal Code, which lacks a penalisation of torture and Malawi’s international law obligations in terms of the prohibition and penalisation of torture.
Due to the lack of penalisation of torture, prosecutors rely on related offences such as grievous harm or assault to hold perpetrators accountable. While these charges can lead to convictions, they do not fully capture the seriousness and gravity of torture or any cruel, degrading or inhuman treatment. The absence of a torture-specific penalisation and the lack of application of international law can further lead to the inconsistent application of the law. The offence of grievous harm is subject to a maximum penalty of 14 years’ imprisonment. Given the severity of the criminal conduct that qualifies as torture and/or inhuman, degrading or cruel treatment under international law, the criminal energy and seriousness of the conduct are not reflected in offences like grievous harm. Incorporating torture into Malawi’s legal framework would align the country with international law and international agreements it has ratified, such as the Torture Convention, African Charter, ICCPR, as well as customary international law and jus cogens, which require states to criminalise torture and provide effective remedies for victims and survivors.
