Malawi: Prisoners Rights; Anti-torture Trainings; Public Interest Lawsuits; Submissions before the Working Group on Arbitrary Detention (Fall 2008, Spring 2009, Fall 2009)

Project Description: The  Leitner Clinic has partnered with the Centre for Human Rights  Education Advice and Assistance (CHREAA) to work on several projects focusing on prisoners rights. The Leitner Clinic's work has focused on four major activities: 1)  Filing claims with  the UN Working Group on Arbitrary Detention on behalf of  Malawian Prisoners; 2) Conducting human rights trainings  for CHREAA paralegals; 3) Carrying out anti-torture trainings for Malawian police and prison officers; and 4) assisting CHREAA with prisoners rights-related lawsuits.

The Leitner fall `08 team consisted of Fordham Law students Michael Ellis (`09) and Janet Kang (`10). The spring `09 team consisted of Fordham Law students Corina Bogaciu (`09) and Zaid Hydari (`09). Tenisha Cummings (`10), Pouya Gharavi (`10), and Suemyrah Shah (`10) worked on the fall 2009 project.  Students were co-supervised by Prof. Chi Mgbako, Julie Hassman, an  associate at the law firm of Davis Polk & Wardwell, and Helen Shin, an associate at the law firm of Skadden Arps.

Description of Fieldwork and Project Outcome: In fall 2008, Leitner clinic students completed international and  comparative research for a CHREAA public interest lawsuit  focusing on the right to trial within a reasonable time; conducted a human rights training on prisoners’ rights for  CHREAA paralegals on the ground in Malawi in November  2008; and filed individual claims on behalf of three Malawian prisoners to the Working Group  on Arbitrary Detention (WGAD) in  the Office of the High  Commissioner for Human Rights  (OHCHR).

During the spring 2009  semester, clinic students  designed a human rights training  focusing on torture for Malawian prison and police  officers. The students conducted  the training jointly with CHREAA paralegals.  Clinic students  in the spring semester  filed an additional ten petitions  with WGAD; a number of these petitons were on behalf of juvenile prisoners.

The Leitner Clinic continued its work in the fall of 2009 by conducting Malawian, international, and comparative constitutional law research for two potential lawsuits that CHREAA may file in Malawi High Court focusing on torture in Malawian police stations and the right to  be charged within 48 hours of arrest. The Clinic traveled to Malawi in November 2009 and students interviewed prisoners and took affidavits from potential claimants for both lawsuits.



Leitner Center for International Law and Justice
Fordham University School of Law
33 West 60th Street (2nd Floor)
New York, NY 10023

Email: LeitnerCenter@law.fordham.edu
Telephone: 212.636.6862
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Jeanmarie Fenrich
Director of Special Projects - Africa, Leitner Center for International Law and Justice
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