Denial of bail for detained human rights defenders

FrontLine (Press Release)-- Human rights defenders Edward Chileka, Howard Jimu and Awonenji Chimera were on 4March 2010 denied bail by a court in Lilongwe. They had been arrested on 24 February 2010 but only appeared for the first time in court on 2 March.

They were arrested following a statement criticising the prioritisation of the ruling party’s youth group in accessing public funds over other youth groups. Edward Chileka is the executive director of Eye for Development (EFD), and Howard Jimu and Awonenji Chimera are EFD staff members. EFD is a youth organisation and is a member of Global Call to Action against Poverty (GCAP) coalition in Malawi. 



The arrest of the three defenders on 24 February followed the release of a press statement criticising a government’s decision that youth groups affiliated with the ruling Democratic Progressive Party (DPP) will have priority in the distribution of the State Youth Enterprise Development Fund. Edward Chileka, Howard Jimu and Awonenji Chimera were arrested shortly after the press conference on 24February on grounds of inciting violence against members of the DPP youth. The three defenders only appeared in court on 2 March, four days after the expiry of the 48-hour limit prescribed by law. At the court hearing, the magistrate did not take any action but reserved instead her decision on the bail application for 4 March, when bail was denied. The next hearing is scheduled for 11 March.



Front Line is concerned that the arrest and detention of Edward Chileka, Howard Jimu and Awonenji Chimera only result from their criticism of government policy and fears for their physical and psychological integrity while in detention. 



Front Line urges the authorities in Malawi to:



1. Immediately and unconditionally release Edward Chileka, Howard Jimu and Awonenji Chimera, as their arrest and detention are solely the result of the legitimate exercise of their right to freedom of expression;


2. Ensure that the treatment of Edward Chileka, Howard Jimu and Awonenji Chimera, while in detention, adheres to all those conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Form of Detentionor Imprisonment’, adopted by UN General Assembly resolution 43/173 of 9 December 1988;


3. Guarantee in all circumstances that human rights defenders in Malawi are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

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