While police enforced a crackdown following public outcry over alleged robberies around Ginnery Corner in Blantyre, legal experts and child rights activists have questioned the handling of four children aged 12 to 17 arrested in connection with the incidents.
The concerns follow the circulation of a video on social media allegedly showing the four boys attacking and robbing a member of the public.
Following the circulation of the video, the Malawi Police Service launched investigations and arrested the suspects, a move that has been welcomed by members of the public.
However, a photograph showing the children in handcuffs have raised questions over whether their treatment complied with Malawi’s child justice laws.
The Child Care, Protection and Justice Act provides special safeguards for children who come into conflict with the law, including provisions governing their arrest and treatment.
Under Section 90 of the Act, a child should not be handcuffed during arrest, except where the child is handcuffed to the police officer or another person effecting the arrest.
Speaking to Malawi24, legal expert and lawyer Ousman Kennedy said the manner in which the children were handled raised concerns under the law and called for disciplinary action if officers were found to have violated the provisions.
Kennedy said children in conflict with the law should have their identities protected and should not be handcuffed, regardless of the offence they are suspected of committing.
He said the Constitution also requires police officers to respect the rights of suspects during arrest, whether the suspect is a child or an adult.
According to Kennedy, protecting children during the criminal justice process does not mean allowing them to continue committing offences, but ensuring that law enforcement agencies handle them in a lawful and child-sensitive manner.
“When you photograph a child in handcuffs and expose them in that manner, you risk making them feel like an established criminal. It is like exposing them to a practice that is beyond their age and potentially making them become accustomed to that kind of life,” he said.
Kennedy warned that photographing and publicly identifying children in handcuffs could contribute to stigma and labelling, potentially making their reintegration into society more difficult.
“When you read the criminal law, it is clear that these provisions are intended to protect the child. The law is not meant to expose children to practices that could strengthen or normalize criminal behavior,” he said.
He urged authorities to ensure that children suspected of committing offences are dealt with through lawful, child-sensitive and rehabilitative procedures while ensuring the safety of members of the public.
Child rights advocate Amosi Chibwana has also questioned the manner in which the children were arrested, saying the handling lacked professionalism and failed to adequately respect their rights.
Chibwana said that although a child may be suspected of committing a crime, authorities are required to handle them with care because children are considered a vulnerable group.
“Anything that concerns a child must be handled using procedures prescribed in our laws, with care, but also following proper procedures because failure to do so can cause long-lasting problems for the child,” Chibwana said.
He said children in conflict with the law should be handled according to procedures provided for under child justice laws, including appropriate treatment during arrest and detention.
“No matter how the child offends, a child is a child,” Chibwana said.
Chibwana also cited Section 23 of the Constitution of Malawi, saying authorities must consider the best interests of the child when dealing with children suspected of committing offences.
He said police officers should take the welfare and rights of children into account even when making arrests.
According to Chibwana, although some street-connected children may engage in behavior that causes concern among members of the public, the methods used to address such behavior should not go beyond what is permitted by law.
He said authorities must strike a balance between protecting the public and ensuring that children who come into conflict with the law are treated in a manner that supports rehabilitation and reintegration into society.
The concerns follow the circulation of a video on social media allegedly showing the four boys attacking and robbing a member of the public.
Following the circulation of the video, the Malawi Police Service launched investigations and arrested the suspects, a move that has been welcomed by members of the public.
However, a photograph showing the children in handcuffs have raised questions over whether their treatment complied with Malawi’s child justice laws.
The Child Care, Protection and Justice Act provides special safeguards for children who come into conflict with the law, including provisions governing their arrest and treatment.
Under Section 90 of the Act, a child should not be handcuffed during arrest, except where the child is handcuffed to the police officer or another person effecting the arrest.
Speaking to Malawi24, legal expert and lawyer Ousman Kennedy said the manner in which the children were handled raised concerns under the law and called for disciplinary action if officers were found to have violated the provisions.
Kennedy said children in conflict with the law should have their identities protected and should not be handcuffed, regardless of the offence they are suspected of committing.
He said the Constitution also requires police officers to respect the rights of suspects during arrest, whether the suspect is a child or an adult.
According to Kennedy, protecting children during the criminal justice process does not mean allowing them to continue committing offences, but ensuring that law enforcement agencies handle them in a lawful and child-sensitive manner.
“When you photograph a child in handcuffs and expose them in that manner, you risk making them feel like an established criminal. It is like exposing them to a practice that is beyond their age and potentially making them become accustomed to that kind of life,” he said.
Kennedy warned that photographing and publicly identifying children in handcuffs could contribute to stigma and labelling, potentially making their reintegration into society more difficult.
“When you read the criminal law, it is clear that these provisions are intended to protect the child. The law is not meant to expose children to practices that could strengthen or normalize criminal behavior,” he said.
He urged authorities to ensure that children suspected of committing offences are dealt with through lawful, child-sensitive and rehabilitative procedures while ensuring the safety of members of the public.
Child rights advocate Amosi Chibwana has also questioned the manner in which the children were arrested, saying the handling lacked professionalism and failed to adequately respect their rights.
Chibwana said that although a child may be suspected of committing a crime, authorities are required to handle them with care because children are considered a vulnerable group.
“Anything that concerns a child must be handled using procedures prescribed in our laws, with care, but also following proper procedures because failure to do so can cause long-lasting problems for the child,” Chibwana said.
He said children in conflict with the law should be handled according to procedures provided for under child justice laws, including appropriate treatment during arrest and detention.
“No matter how the child offends, a child is a child,” Chibwana said.
Chibwana also cited Section 23 of the Constitution of Malawi, saying authorities must consider the best interests of the child when dealing with children suspected of committing offences.
He said police officers should take the welfare and rights of children into account even when making arrests.
According to Chibwana, although some street-connected children may engage in behavior that causes concern among members of the public, the methods used to address such behavior should not go beyond what is permitted by law.
He said authorities must strike a balance between protecting the public and ensuring that children who come into conflict with the law are treated in a manner that supports rehabilitation and reintegration into society.
