Skip to main content arrow-down arrow-tail-right arrow-triangle-right calendar camera compass download email eye facebook flag mail phone pin play send square-right tag twitter youtube badge message

Malawi Court Orders Immediate Release for Death Row Prisoner

  • News
  • 20 Aug 2015

After 13 and a half years languishing on death row, Richard Chipoka was resentenced by the Malawi High Court and released immediately.

Chipoka was just 21 years old when he was sentenced to the mandatory death penalty, which was subsequently declared unconstitutional in Malawi in the landmark case of Kafantayeni and others v The Attorney General of Malawi.

Chipoka is now the third prisoner, who had remained on death row since the abolition of the mandatory death penalty in 2007, to be resentenced. In April 2015, Aron John and Tony Thobowa’s death sentences were set aside and both will be released in approximately 4 years time. To date, the courts have

also resentenced 51 of the 192 prisoners who had already been commuted to life imprisonment post-Kafantayeni, but were still entitled to have their cases considered based on their individual circumstances.

In presiding over Chipoka’s re-sentencing, Justice Nyirenda took into account strong mitigating evidence, which included a psychiatric report and character statements from his village members. He also noted that Chipoka was a young man when the crime was committed and also a first-time offender, and therefore deserved leniency. Chipoka was resentenced to 20 years imprisonment, but taking into account the 13 and a half years he had spent on death row and remission for good behaviour, he was released immediately.

Emile Carreau, a volunteer lawyer from Australia, said:

“Richard is over the moon with the result. He has been reunited with his family and received a warm welcome by his village upon his return yesterday. Richard has spoken at length about his intention to find work to support his family and to re-integrate back into his community”. 

Watch a short video clip showing Richard Chipoka’s return to his village after 13.5 years, and his community welcoming him back.

Latest news

“Serious breach of procedural fairness” - excessive manslaughter sentence quashed in The Bahamas
Read More
Ghana Web: Alban Bagbin praised for repeal of death penalty
Read More
IBAHRI commends abolition of the death penalty - Ghana
Read More
CLA Statement: Commending the Zambian and Ghanaian Governments for Abolishing the Death Penalty
Read More
The Week: Ghana abolishes the death penalty
Read More
The Guardian: Ghana abolishes death penalty, with expected reprieve for 176 condemned prisoners
Read More
DPP INTERVIEW: Francis-Xavier Sosu, the Ghanaian MP whose private member’s Bills have abolished the death penalty in Ghana
Read More
DPP interview with TRT - "Why are executions on the rise in a number of countries?"
Read More
Jurist: Ghana Parliament votes to end death penalty
Read More
Ghanaian Parliament votes to abolish the death penalty
Read More
The Washington Post: Ghana votes to remove the death penalty, calling it sign of ‘inhumane’ society
Read More
NGO welcomes abolition of the Death Penalty in Ghana
Read More
BBC News: Ghana Parliament votes to abolish death penalty
Read More
PRESS RELEASE: A Huge Win for Human Rights - Ghana Abolishes the Death Penalty
Read More
Ghana abolishing death penalty is a huge win for human rights – DPP
Read More
THE CONVERSATION AFRICA: It’s time for Ghana to enshrine its respect for the right to life – by abolishing the death penalty
Read More
NEW Op-ed: It’s time for Ghana to enshrine its respect for right to life – by abolishing death penalty
Read More
“Another instance where the justice system has failed a person”: Privy Council recognises multiple failures in Jamaica’s appeal processes
Read More
CLA Support Death Penalty Abolition Advocacy in Ghana
Read More

Stay up-to-date with our work