Nelly Phiri (name changed to protect her privacy) was sentenced to death for killing her abusive husband over ten years ago. Her husband beat her every day of their marriage. One night he came home in a drunken rage and began to beat her viciously. Fearful for her life, she picked up an axe and hit him, killing him instantly. When morning came, she turned herself into the police and gave a full confession. At trial, she was convicted of murder, and the judge had no choice but to sentence her to death. The law at the time did not allow for consideration of the circumstances surrounding the crime—not even the fact that Nelly had killed a man who had repeatedly assaulted her. Nelly is now 61 years old and is HIV-positive. Her health deteriorates every day in prison, where she does not have access to adequate medical care.
Every prisoner has the right to consideration of their personal background and the facts of the crime before a sentence of death is imposed. In 2007 the Malawian High Court recognised this by abolishing the law - introduced by the British colonial government - that made the death sentence mandatory. This change in the law meant that extenuating circumstances, such as Nelly’s suffering, and the effects of her husband’s mistreatment on her mental health, can now be considered by a judge to enable more appropriate, and just, sentencing.
But Nelly and the 192 prisoners who were sentenced under the old mandatory regime still have not yet had their second chance at a fair hearing 7 years after the change in the law - something they are entitled to under domestic and international law. With only 20 legal aid lawyers practising in Malawi, that's one to every 785,000 citizens, gaining access to the legal assistance they need for a fair shot at defending their lives is almost impossible.
Without your support, Nelly and other prisoners may die in overcrowded and unsanitary prisons, without ever having their day in court. Five prisoners who were entitled to a sentencing hearing have already passed away in prison since the law was overturned in 2007.
WHAT DO THEY NEED?
If the cases of these 192 people were presented to a judge under the new law, some of them would almost certainly walk free straight away. Many have already served the appropriate time (and more) in prison for their crime. Some were as young as 16 years old at the time of the crimes for which they were convicted.
Without effective representation, these prisoners will not have a fair hearing. We want to support local lawyers to ensure that proper legal assistance is available to them.
Source: YouCaring.com, Organizer: Malawi Mitigation Project - Tom Short and Harriet McCulloch Beneficiary: 192 Malawian prisoners sentenced to death.
