Malawi: MHRC Accuses Malawi Police of 'Investigating Through Arrest' As It Demands Namiwa's Release

What the report says

The Malawi Human Rights Commission has publicly criticized the Malawi Police Service over the detention of activist Sylvester Namiwa, calling for his immediate release or prompt presentation before court. The report, carried by Nyasa Times and distributed by AllAfrica, says Namiwa has been held since 30 July 2026 after being summoned to National Police Headquarters in Lilongwe over statements he made in public.

According to the commission’s account, Namiwa went to the police voluntarily after being contacted by WhatsApp, but declined to answer questions without his lawyers present. He was then told he was under arrest for “Conduct” and moved to Lingadzi Police Station. The MHRC said the detention was not justified, arguing that arrest should come after investigation, not be used as a substitute for it.

The commission also said police initially restricted Namiwa’s access to food, warm clothing, lawyers, relatives and other visitors, raising concerns about constitutional protections and humane treatment in custody. It warned that arrest powers should not be used to silence criticism or discourage lawful civic activism.

Beyond the individual case, the MHRC urged Parliament to reconsider section 180 of the Penal Code, which it said can be vulnerable to abuse. The commission said it will keep monitoring the matter and repeated its demand that authorities either release Namiwa or charge him lawfully while respecting his rights.