Energising the criminal justice system
Malawi's paralegal advisory service
Legal aid in Africa exists in name only in most countries. Prisons
across the continent are congested with high remand populations. The few
with the means to retain a lawyer may get bail or a prompt trial, but
most suffer unseen and unnoticed by a system that is itself under-resourced
and over-stretched. The situation in Malawi is no different.
In May 2000, Penal Reform International (PRI) proposed a pilot paralegal
scheme to provide legal aid to prisoners. The Paralegal Advisory Service
(PAS) now operates in the four main prisons that hold 75% of the total
prison population (8500). It represents a unique partnership of four national
NGOs and the Malawi Prison Service.
The PAS comprises 12 paralegals - set to rise to 29 - each of whom have
signed a highly restrictive code of conduct. They provide basic legal
literacy, assistance and advice to prisoners. They help link criminal
justice agencies by following up individual cases and convening monthly
meetings of local court users where they discuss problems encountered.
Legal literacy is provided through daily Paralegal Aid Clinics for remand
prisoners, covering a course of six modules. The emphasis in the clinics
is placed on self help (i.e. how to conduct your own bail application,
plea in mitigation, defence and cross examination of witnesses).
Legal advice and assistance is provided to remand prisoners who have
overstayed or are being held unlawfully or inappropriately. Priority is
given to vulnerable groups (women, women with babies, young people in
conflict with the law, foreign nationals, the mentally and terminally
ill, and the elderly). Paralegals assist prisoners in filling out bail
application forms and then lodge them with the relevant court, and advise
convicted prisoners who wish to appeal against their sentence. Both instances
use standard forms developed by the PAS in consultation with the judiciary.
Results
After two years of operation, more than 550 paralegal aid clinics have
been held, reaching over 10 000 prisoners. In 2002 an independent evaluation
report found that prisoners had become more sophisticated in their understanding
of the law and court procedure. In addition, the PAS facilitated the release
of over 1000 prisoners, whether through bail, discontinuance or discharge.
The key to the success and sustainability of the project, according to
the evaluation report, has been the 'highly co-operative and trusting
spirit' the paralegals have developed with the various criminal justice
agencies. This has given them unprecedented access to the prisons. Since
they do not offer representation to individuals but restrict their services
to education, advice and assistance, lawyers do not view them as a threat.
Also, since they do not seek to find fault with individual agencies in
the system, but to assist the system as a whole to function better, they
are valued by the police, courts and prisons.
Adam Stapleton
Penal Reform International
ADL House
PO Box 30311
Lilongwe 3,
Malawi
T/F +265 770141
pri@eomw.net
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