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EXECUTIVE SUMMARY Background
The Malawi Human Rights Commission (The Commission) conducted an investigation on the shooting and death of Blessings Nyondo (the victim) who was shot on 31st December 2020 and died on 8th January 2021 at Queen Elizabeth Central Hospital (QECH) in Blantyre. The Commission has concluded its investigation and this report contains findings from the investigation and recommendations to relevant stakeholders. The report has been arranged according to specific sections with respect to each of the following areas: –

1. Alleged human rights violations;
2. The legal mandate of the Commission;
3. Methodology and Limitations of the investigation; 4. Presentation of facts and evidence;
4. Analysis of facts and evidence, and
5. Factual and Legal findings;
6. Recommendations and Conclusion.
   Mandate of the Commission
   The Commission is empowered by the Constitution of the Republic of Malawi (The Constitution) and the Human Rights Commission Act (The Act) to carry out investigations and make recommendations on human rights issues in response to a complaint or on its own volition. Section 130 of the Constitution provides as follows:
   “The Human Rights Commission shall, with respect to the applications of an individual or class of persons, or on its own motion, have such powers of investigation and recommendation as are reasonably necessary for the effective promotion of the rights conferred by or under this Constitution…”
   Section 12 of the Act provides that the Commission shall be competent in every respect to protect and promote human rights in Malawi in the broadest sense possible and to investigate violations of human rights on its own motion or upon complaints received from any person, class or persons or body.

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The Commission carried out this investigation on its own motion.
Purpose of the Investigations
The overall purpose of the investigations was to establish the circumstances that led to the shooting and eventual death of the victim. Specifically, the objectives of the investigations were:

1. To establish the circumstances that led to the shooting and death of the victim;
2. Toidentifythehumanrightsviolationsoccasionedandtheperpetratorsof those human rights violations; and
3. To facilitate access to justice, legal remedies for the victims and recommendations to key stakeholders.
   Based on the facts and evidence gathered and analysis made, the Commission has come up with the following findings:
   Factual Findings
4. It was reported that on or around 18:45 hours on 31st December 2020, Ms. Lusubilo Mtawali, a resident of Nkolokosa Township in Blantyre, was allegedly attacked by three unidentified persons as she was on her way to Robbins Park in Blantyre for overnight prayers. The attackers, allegedly robbed her of her three bags and their contents. She called for help and fellow congregants who had been gathered outside Robbins Park tried to apprehend the robbers, but in vain.
5. Later on, she confirmed that she heard that one of the robbers had been shot by police. However, Ms. Mtawali could not identify the victim with particularity or certainty as being one of the three persons that had robbed her.
6. The victim was a non-residential student at the Malawi Polytechnic and a tenant at the premises belonging to Mrs. Dorothy Mwasinga in Chitawira. On
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the night of 31st December 2020, the victim had planned to attend overnight
prayers at the Fountain of Victory Church in Manje Area.

4. It is on record, that he witnessed the robbery incident at Robbins Park and decided to escape from the scene. In the process, he stopped and jumped into a vehicle belonging to MBC. In the vehicle, there were three people, namely, Inspector Nambazo of Police B Company at Kanjedza; Mr. Chanunkha, a Security Officer at MBC; and Mr. Kasimu, an MBC driver. Inspector Nambazo and Mr. Chanunkha were armed with a K2C Rifle and a Boito Pump Gun respectively. Mr. Kasimu was not armed. Further, Inspector
   Nambazo was in police uniform.
5. According to a statement by Inspector Nambazo, the victim was out of breath
   and seemed confused when he entered the MBC vehicle. He just managed to say the following words, “Ndibwino ndifere mugalimoto momuno” (It’s better for me to die in the vehicle).
6. According to both Inspector Nambazo and Mr Chanunkha, the victim tried to snatch their guns but he failed. It is the Victim’s statement however, that he sought refuge from them but they accused him of being a thief and threatened to shoot him before forcing him out of the car.
7. Inspector Nambazo, Mr. Chanunkha and Mr. Kasimu managed to get out, leaving the victim alone in the Vehicle.
8. Meanwhile the crowd from the robbery scene and passersby, who had witnessed the events surrounded the vehicle baying for the victim’s blood. They thought that the victim was one of the robbers and wanted to subject him to mob justice.
9. After Inspector Nambazo, Mr. Chanunkha and Mr. Kasimu, had gotten out the vehicle, the victim jumped out of the vehicle and started running away.
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10. Mr. Chanunkha pursued the victim and then shot him at the back. The victim fell down and was motionless. According to Mr. Chanunkha, he shot the victim for trying to snatch his gun away and for escaping arrest. He shot the victim in self-defense and to incapacitate the victim.
11. Both Mr Chanunkha and Inspector Nambazo failed in their responsibility by not arresting the victim when he was in the vehicle.
12. In an audio message recorded before his death, the victim stated that he witnessed the robbery incident and while escaping from the scene, he decided to seek refuge in the MBC vehicle. But as he entered the vehicle, the officers accused him of being one of the thieves and threatened to shoot him. They ordered him to get of the vehicle. He begged them not to shoot him but rather take him to a police station if they thought that he was a thief. The officers pointed their guns at him, forced him out of the vehicle and later shot at him as he was escaping.
13. The victim sustained injuries on the chest and lost a lot of blood due to the shooting. He was taken to the QECH for medical attention in the MBC vehicle by Inspector Nambazo and Mr. Chanunkha, long after he was shot. According to his friends and relatives, he was just dumped by Inspector Nambazo and Mr. Chanunkha. As a result, he did not receive urgent medical attention.
14. Later, the victim was taken to the Adult Emergency Trauma Centre (AETC) for resuscitation and then, he was admitted in Ward 5A. He went through two operations.
15. While at QECH, the victim narrated his ordeal to his friend and cousin, Bright Mkandawire. He also explained what had happened to him and what led to
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the shooting incident. This was preserved in an audio statement which the
Commission has accessed and this report makes reference to it.

16. On 8th January, 2021 the victim died in hospital.
17. The Police refused to contribute to the victim’s funeral logistical
    arrangements, arguing that they were not responsible for the victim’s death.
18. MBC met expenses for coffin, embalming services, food, and transport to
    ferry the remains of the victim to Chitipa.
19. The Management of the Polytechnic refused to contribute to the funeral
    expenses saying that the victim died when the college was on holiday.
20. The police unilaterally hired Mr. Senzani of QECH to carry out post-mortem examination on the victim’s body without consulting family members of the victim. However, family representatives and some fellow church goers
    witnessed the process of the post mortem examination.
21. The post mortem examination report revealed that the victim died of
    septicemia due to infected abdomen organs resulting from multiple gunshot
    wounds.
22. The post-mortem examination report was only made available to the police.
    Family members of the victim as well as QECH were not given a copy of the report until after the Commission had intervened. They accessed a copy from the Commission.
    Legal Findings
23. THAT Mr. Chanunkha, an employee of MBC shot the victim without due process of the law. The victim died as a result of the severe injuries he sustained. Therefore, the action of Mr. Chanunkha violated the right to life of the victim and arbitrarily deprived him of his life contrary to Section 16 of the Constitution.
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24. THAT by brutally shooting the victim without restraint and causing him to endure severe pain and suffering from the fatal gunshot wounds he sustained, Mr. Chanunkha treated the victim in a cruel manner. Therefore, the action of Mr. Chanunkha violated the right of the victim not to be treated in a cruel, inhuman and degrading manner, contrary to section 19(3) of the Constitution.
25. THAT at the material time, Mr. Chanunkha was not on his line of duty and should have left the situation in the hands of a police officer. In fact, there was an opportunity to apprehend the victim while he was still in the vehicle and which would not have necessitated any shooting.
26. THAT Mr. Chanunkha violated laws of Malawi and international human rights law regarding the use of force and firearms as enunciated by the United Nations Code of Conduct for law enforcement officials and Basic Principles on the use
    of force and firearms by law enforcement officials:
    a) By failing to respect and protect human dignity, and maintain and uphold human rights of the victim.
    b) By failing to use non-violent means before resorting to the use of a firearm against the victim
    c) By failing to exercise restraint in the use of a firearm and act proportionate to the legitimate aim that he wanted to achieve.
    d) By failing to minimize injury to the victim when he used a firearm to incapacitate him.
    e) By failing to ensure that assistance and medical aid were given to the victim at the earliest possible moment.
27. THAT despite evidence against Mr. Chanunkha and in his own admission, Malawi Police Service has not yet arrested him for causing the death of the victim. At the time of concluding this investigation, police had not opened any homicide file to investigate the death of the victim. The only matter they were focusing on, was the robbery incident concerning Ms. Lusubilo Mtawali.
    Recommendations
    Pursuant to the powers conferred on it by Section 130 of the Constitution and Section 22 of the Human Rights Commission Act, the Commission makes the following recommendations:
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28. The Inspector General of Police (The IG) should institute criminal investigations into the death of the victim who died a week later after being shot by Mr. Chanunkha on 8th January, 2021.
29. Subject to the criminal investigation in (1) above, the IG should commence criminal proceedings against Mr. Chanunkha and such other persons suspected of committing criminal offences, whose names will be revealed by the criminal investigations.
30. The Director of Public Prosecutions (DPP) should follow up and take appropriate action on the investigations conducted by the IG.
31. The IG should institute disciplinary proceedings against Inspector Nambazo for the indiscipline and unprofessionalism he demonstrated in the way he conducted himself in dealing with the victim.
32. The Director General of MBC should institute disciplinary proceedings against Mr. Chanunkha for the indiscipline and unprofessionalism he showed in the way he conducted himself in dealing with the victim and using his firearm.
33. The Director General of MBC should set up a mechanism to ensure that all security officers at MBC are periodically trained in human rights and basic principles on the use of force and firearms by law enforcement officials.
34. The Ministry of Justice must review all legislation that governs the use of firearms by private security agencies.
35. The Director of Queen Elizabeth Central Hospital should cease the private arrangements for conducting post mortem examinations. There is need for proper procedures for the issuance, documentation and preservation of all post mortem reports.
36. The family members and relatives of Blessings Nyondo may consider making an application to the courts of law against the State to seek compensation for loss of his life.
    Conclusion
    This report has addressed the human rights issues pertaining to the shooting and subsequent death of Blessings Nyondo. The evidence gathered by the Commission points to the fact that Mr Chanunkha violated several human rights of the victim in contravention of the Constitution and international human rights principles and standards.
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The report has made recommendations to relevant authorities and individuals to take action. The Commission is ready to work with all these authorities and individuals to ensure that the violations of human rights identified in this report are remedied. The Commission will follow up on the progress made on all recommendations in this report by 1st September, 2021.

Commissioner Baldwin Chiyamwaka CHAIRPERSON, CIVIL AND POLITICAL RIGHTS COMMITTEE

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