A TrialWatch report has unveiled alarming systemic failures in Malawi’s criminal justice system, revealing widespread unlawful detention of women—particularly survivors of gender-based violence.

The study, a collaboration between the Clooney Foundation for Justice, Malawi’s Centre for Human Rights Education, Advice and Assistance (CHREAA), and USC Gould School of Law, found that 66% of women in pre-trial detention are held unlawfully, with nearly half detained beyond legal custody limits .  

“Two-thirds of these women shouldn’t be in detention at all," stated Orubah Sattar Ahmed, Legal Program Manager for the Clooney Foundation, during the report’s launch in Lilongwe. 

She emphasized the urgent need for a “comprehensive checklist of practical measures," including full funding for Malawi’s Legal Aid Bureau. 

“1 in 6 incarcerated women remain jailed solely because they cannot afford bail, despite being approved for release—a stark indictment of a system that “criminalizes poverty," said Victor Mhango, CHREAA’s Executive Director.

Mhango condemned the courts’ inaction: “When survivors are wrongfully imprisoned while their attackers walk free, it’s not justice—it’s institutionalized oppression.”

Justice Jean Kaira, President of Malawi’s Women Judges Association, warned that delayed justice for survivors represents a “fundamental breakdown of the rule of law".  

The report coincides with damning audit data showing Malawi’s prisons operating at 240% capacity, with 61–65% of remand detainees eligible for immediate release under existing laws.