Posted 2012/2/15
Malawi: Attempted attack and arrest of human rights lawyer Mr Ralph Kasambara
Human rights lawyer Mr Ralph Kasambara.On 13 February 2012, human rights lawyer Mr Ralph Kasambara was arrested by police officials in Blantyre, following an attempted attack by unknown individuals on his legal offices.
Ralph Kasambara is a lawyer who served as Attorney General during President Bingu wa Mutharika's first term in office. In recent years he has represented civil society organisations in several court cases, including during the 20 and 21 July 2011 demonstrations when civil society organisations challenged a government ban on protests.
On 13 February 2012, at approximately 10 am, a group of five individuals attempted to raid Ralph Kasambara's office in the Magalasi area in Blantyre. The individuals had reportedly earlier asked local women selling their wares near the office what type of car Ralph Kasambara drove. The women subsequently informed Ralph Kasambara of the presence of the individuals, giving him an opportunity to alert his security guards. When the individuals eventually entered the premises, the guards apprehended three of them, while two managed to escape. A petrol bomb was found in their possession. The three men reportedly admitted that they had been sent by the Democratic Progressive Party (DPP) on instructions to destroy the offices and to cause harm to Ralph Kasambara.
Shortly thereafter, the police arrived at Ralph Kasambara's office stating they had received information according to which the lawyer had kidnapped three individuals. Some police officers left with the attackers, while others arrested Ralph Kasambara along with security guards Arthur Chikankheni, Mayamiko Kadango, Brian Magoya, Patrick Gadama and Ali Kaka. All men have been charged with assault occasioning bodily harm.
The following day, 14 February, a court ordered Ralph Kasambara's release on bail on conditions of payment of 20,000 MKW (approx € 92) cash and a surety of 50,000 MKW (approx € 230), with the obligation to report to the police headquarters of the Southern region every Friday. Despite the court order, prison officials at Chichiri prison refused to release Ralph Kasambara on grounds that the court order had arrived too late in the day. He therefore spent a second night in detention. At the time of writing, prison authorities are yet to execute the release order.
In the morning of 15 February, while fellow human rights defenders where visiting Ralph Kasambara in prison, the police reportedly ordered officers stationed in two armoured vehicles parked inside the prison building to carry out a search at the office and home of the human rights lawyer. It is not clear whether the police obtained any warrant for the searches.
According to media reports, following the arrest, government spokesperson and Minister of Information and Civic Education Patricia Kaliati stated that the government had information according to which Ralph Kasambara and the security guards were attempting to sexually abuse the three individuals they had stopped.
Ralph Kasambara has been subjected to acts of harassment and intimidation in the past. Most recently, in January 2012, he was summoned by Southern Region Police Commissioner for allegedly inciting 'disaffection for the President' through its support for a strike within the judiciary.
Front Line Defenders believes that the attempted attack against Ralph Kasambara is directly related to his work as a human rights lawyer and his support to civil society organisations. We express deep concern at the attempted raid on his offices and the fact the perpetrators were carrying petrol bombs. These events remind the two arson attacks carried out in August 2011 against the home and office of human rights defenders MacDonald Sembereka and Rafiq Hajat. It is deplorable that no investigation has been opened on the attempted attack.
Action Update Needed. Before taking further action on this case please contact info@frontlinedefenders.org for further information

















