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| National |
| Stakeholders ponder preferential treatment for suspects, prisoners |
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by
Zainah Liwanda, 11 December 2004
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09:55:06
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While many inmates are ill and languishing in prison unnoticed, others seem to be getting special treatment, a development both government and civil society have admitted is not in line with equity as stipulated in the Constitution.
Kamuzu Central Hospital Director, Damson Kathyola last week discharged UDF deputy director of research, Humphrey Mvula, who was in custody on murder charges, but recommended that a physiotherapist visits him daily at the prison.
Mvula who was hospitalised for high blood pressure, was dicharged a day after The Nation published a story which said his condition had improved and was holding meetings in his hospital room. The High Court in Lilongwe on Thursday granted bail to Mvula.
Convicted Blantyre businessman Aslam Osman who was sentenced to five years imprisonment 10 months ago on corruption charges has only stayed in prison for two months, having spent the rest of the time at Zomba Central Hospital under controversial circumstances.
Osman was first admitted to hospital after he complained of peptic ulcers and a heart problem. But the High Court in April threw out his application for bail in which he indicated that he wanted to consult medical practitioners locally and abroad.
A hospital official said everyone was asking why Osman was still in hospital because they had seen several worse cases than him which were not even referred to hospital.
Both Zomba Central Hospital Director Austin Mthambala and Commissioner of Prisons McDonald Chaona last month kept pushing the responsibility to decide on whether or not Osman could be discharged to each other.
Deputy director of Zomba Central Hospital Coxy Chaheka said Friday Osman was discharged from the hospital three weeks ago (one month after Nation Online published a story which questioned the convict's prolonged hospitalisation after he was said to be alright). Chaheka said Osman who has stones in his blooder will be going for check up once a month.
Human Rights Consultative Committee (HRCC) chairman Rodgers Newa on Thursday condemned discriminatory treatment of prisoners. He argued that everybody has a right to access equal treatment regardless of status in society.
Newa lamented that prisons have many critically ill prisoners who need attention but are in most cases not attended.
“As far as the law is concerned, everybody is equal and thus should receive the same treatment. We have come across prisoners who are critically ill, but have not attention, so our message is that there should not be unfair treatment,” said Newa.
Newa further lamented that he has been wondering where the authorities get the mandate to give preferential treatment to certain prisoners.
Kamuzu Central Hospital Director Damson Kathyola could not say why there is that kind of preferential treatment for some prisoners, saying it is something ministries of Home Affairs and Health can discuss to find a way forward.
“Your question is very important as it can help all of us to improve the situation. This can also initiate that kind of dialogue between Home Affairs and Health to find a solution,” said Kathyola without elaborating.
Justice Duncan Tambala, who is also in the Inspectorate of Prisons, said he does not condone the tendency of giving preferential treatment to selected inmates. But he denied that critically ill prisoners are not attended to.
“Usually when the prisoners fall ill, they are taken to hospital and treated, when they get better, they are taken back to prison. Maybe Mvula’s case is a serious one and thus warrants special attention. When a person like that one dies in cell, you the media would be the first to blow up the issue,” said Tambala.
“We are talking about people with hepatitis and high blood pressure. Usually, poor people do not suffer from such diseases,” he added.
Tambala said health conditions in most prisons have improved with the coming in of Banja La Mtsogolo who visit the prisons regularly to supply drugs. He cited Zomba prison to as having a hospital for prisoners.
Asked to comment on why other prisoners are considered for pardon on health grounds, Tambala said the prisons are often not involved in scrutinising the names of those earmarked for pardon, saying the committee on pardons is solely responsible for that.
He also questioned why the committee keeps the final list of those earmarked for pardon secret.
“It’s the prerogative of the President to pardon prisoners and the committee which advises the President on that keeps it a secret until the final list is announced. I do not know why they keep it a secret,” said Tambala.
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