oluwatosin oyeniyi LILONGWE, Malawi – Malawi’s Human Rights Commission (MHRC) has called for the immediate release of detained journalist Namiwa, criticizing police for what it described as an unlawful approach of “investigating through arrest.” The commission argues that authorities should respect constitutional rights while conducting criminal investigations and avoid using detention as a substitute for gathering evidence.
Rights Body Questions Police Action
The Malawi Human Rights Commission issued a strongly worded statement expressing concern over the continued detention of journalist Namiwa. According to the commission, law enforcement agencies appear to have arrested the journalist before completing preliminary investigations, a practice it says undermines due process and fundamental human rights.
The MHRC stressed that while police have the mandate to investigate alleged offences, arrests should only occur where there is sufficient legal justification and should not be used as a routine investigative tool.
Describing the situation as “investigating through arrest,” the commission argued that such actions risk violating constitutional protections relating to liberty, fair treatment, and freedom of expression.
Calls for Immediate Release
The commission urged the Malawi Police Service to release the journalist unless there are clear legal grounds supported by evidence to justify continued detention.
Human rights officials also called on investigators to pursue lawful procedures that respect the rights of suspects while allowing the justice system to function independently and fairly.
The MHRC emphasized that protecting individual rights is essential to maintaining public confidence in law enforcement institutions and the rule of law.
Press Freedom Under Renewed Scrutiny
The detention has renewed debate over press freedom and the treatment of journalists in Malawi.
Media organisations and civil society groups have expressed concern that arrests involving journalists can create a chilling effect on independent reporting, particularly when journalists are detained before formal charges are presented.
Advocates argue that a free and independent press remains central to democratic accountability, transparency, and public participation in governance.
Balancing Security and Civil Liberties
Legal experts note that police have a legitimate responsibility to investigate alleged criminal offences. However, they also stress that investigations must comply with constitutional safeguards protecting suspects from arbitrary arrest and detention.
Human rights observers say the case highlights the importance of ensuring that criminal investigations are conducted professionally, transparently, and without undermining media freedom or civil liberties.
What Happens Next?
The Malawi Police Service has yet to indicate whether formal charges will be filed against Namiwa or whether the journalist will be released pending further investigations.
As public attention grows, the case is expected to remain closely watched by media organisations, legal practitioners, civil society groups, and international human rights observers.
The outcome could have broader implications for press freedom, police accountability, and the protection of constitutional rights in Malawi.
