A Malawian court has formally recognised as “torture” the case of a 13-year-old boy who lost both hands after being tightly bound in police custody, the Southern Africa Litigation Centre (SALC) reported Friday.
The boy was detained for several days in January 2024 on suspicion of theft. During his time in custody, police officers restrained his hands with a rubber belt so tightly that it cut off circulation, ultimately forcing the amputation of both limbs.
While two officers were found guilty of causing grievous harm in an April trial, Malawi’s Penal Code does not currently criminalise torture as a distinct offence, and the court had initially stopped short of labelling the abuse as such.
However, on Thursday, the High Court declared the police’s “excessive harsh action” to be unlawful and unconstitutional torture, constituting cruel, inhuman, and degrading treatment, SALC said.
The legal group called the ruling a “step towards justice” but noted it remains only a “partial victory” since torture is not yet a criminal offence under Malawian law.
Historically, prosecutors have charged such cases under assault or grievous harm statutes, which carry a maximum 14-year sentence. Yet these fail to fully reflect the severity of torture or other degrading treatment, SALC added.
“A correct legal classification is not only symbolic but essential for accountability and deterrence,” it said.
Malawi ratified the UN Convention Against Torture in 1996, and its constitution bans torture. Nonetheless, experts say the country’s penal code remains outdated with significant gaps, according to the World Organisation Against Torture.
Last December, six police officers were convicted of murder after torturing a detainee to death, highlighting ongoing concerns over police brutality in Malawi.
