Malawi. Furthermore, Aleke Banda was detained indefinitely without trial. The Commission finds that
Mr Banda’s imprisonment violated Article 7 paragraph 1(a) and (d) of the African Charter.
10. Vera and Orton Chirwa were tried before the Southern Region Traditional Court without being
defended by a counsel. This constitutes a violation of Article 7 (1) (c) of the African Charter.
11. The Commission notes that Malawi has undergone important political change after the
submission of the communications. Multiparty elections have been held, resulting in a new
government. The Commission hopes that a new era of respect for the human rights of Malawi’s
citizens has begun.
12. Principles of international law stipulate, however, that a new government inherits the previous
government’s international obligations, including the responsibility for the previous government’s
mismanagement. The change of government in Malawi does not extinguish the present claim before
the Commission. Although the present government of Malawi did not commit the human rights abuses
complained of, it is responsible for the reparation of these abuses.
Holding
For these reasons, the Commission
Holds that there has been a violation of Article 4, 5, 6, and 7, paragraph 1, (a), (c) and (d) of the
African Charter.