John Kapito
Cases- Location of case in SG report
- 2012-033-001
- Relevant SG report
- Year of the report
- 2012
- From Country
- Country Geolocation
Latitude: -13.254308
Longitude: 34.301525
- Country Geolocation (linked Cases)
- Malawi
- From Region
- UN body that raised the case prior to the SG report
- UN Special Procedures: Thematic
- Dates of prior UN action
- 4 May 2012
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
Chairperson of the Malawi Human Rights Commission
- Type of rights defended
- Unclear in SG Report
- Was the victim a civil servant, member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
was going to travel to the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, which has the same acronym (ICC) and of which the Malawi Human Rights Commission is an accredited member.
- Engagement with UN body
- Other
- Dates of engagement
- Unclear
- Type of attempted engagement
- Participation in meeting on UN premises
- Dates of mentioned reprisals
- 17 March 2012
- Location of mentioned reprisals
- Lilongwe
- Reprisal information
On 17 March 2012, John Kapito, Chairperson of the Malawi Human Rights Commission, was allegedly approached in Lilongwe by approximately 30 police officers who arrested him and searched his car. He was reportedly taken to a remote police station where he was interrogated without the presence of legal counsel, despite his request that his lawyer attend. The following day, his house was searched. He was allegedly asked by the police what materials he would be taking to Geneva on his forthcoming trip to present information to the International Criminal Court and what reports he would present to the Court. Mr. Kapito reportedly explained that he was not going to a meeting of the International Criminal Court but the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, which has the same acronym (ICC) and of which the Malawi Human Rights Commission is an accredited member.
Mr. Kapito was charged with possession of seditious material and foreign currency. He was, however, granted bail and was able to travel to Geneva to attend the International Coordinating Committee meeting. At the time of the completion of the present report, Mr. Kapito reportedly remains on bail on the charge of sedition.
- Types of reprisals suffered
- Property damage/raid/search/confiscation
- Threats/Intimidations (incl. "fear of reprisal")
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- Yes
- Further case development
He was, however, granted bail and was able to travel to Geneva to attend the International Coordinating Committee meeting. At the time of the completion of the present report, Mr. Kapito reportedly remains on bail on the charge of sedition.
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 0