A group of Malawian human rights defenders has called for calm and respect for constitutional principles amid growing public debate over reports that corruption charges against Chinese national Lin Yunhua could be withdrawn.
In a statement issued on Wednesday, the rights defenders argued that the controversy surrounding Lin’s case should not undermine the fundamental principles of the rule of law, including prosecutorial independence, due process, the presumption of innocence and equal justice before the law.
The statement was signed by human rights advocates Sammy Aaron, Madalitso Banda and Alex Kaomba, who cautioned against allowing public pressure to dictate legal processes.
Speaking to The Atlas Malawi, one of the signatories, Alex Kaomba, said the issue transcends one individual and instead concerns the integrity of Malawi’s legal system and its commitment to the rule of law.
“The rule of law means that decisions must be guided by evidence, due process and constitutional principles, not by emotions or public sentiment. Even unpopular individuals are entitled to equal protection and a fair legal process,” Kaomba said.
Kaomba stressed that justice cannot be selective and that constitutional rights apply to every person, regardless of nationality.
“An injustice to one is an injustice to all. It does not matter whether a person is Malawian or foreign. Once we begin choosing who deserves justice and who does not, we undermine the very foundation of the rule of law and judicial independence,” he said.
He added that Malawi expects its own citizens living abroad to be treated fairly and with dignity and should therefore uphold the same standards for foreign nationals living within its borders.
“The Constitution does not discriminate between citizens and foreigners when it comes to fundamental rights and equal protection under the law. Justice must be blind to nationality, race or public opinion.”
Human rights advocate Sammy Aaron said the controversy should not be allowed to erode confidence in the country’s justice institutions.
“The courts must be allowed to perform their constitutional mandate independently and without intimidation. Public anger or political pressure should never determine the outcome of legal proceedings. Judicial independence is a cornerstone of the rule of law,” Aaron said.
For his part, Madalitso Banda emphasised the importance of procedural fairness and the presumption of innocence.
“Due process exists to protect everyone, especially when cases become politically or emotionally charged. A criminal allegation is not a conviction, and public suspicion cannot substitute for evidence or judicial determination,” Banda said.
The group also questioned reports that Lin remained in prison for an additional year after his presidential pardon had taken effect, arguing that if this occurred, it raises serious concerns about unlawful detention and state accountability.
“We cannot defend due process only when it produces outcomes we like. The true test of the rule of law is whether legal principles are applied equally to everyone, regardless of nationality, status or public perception,” Kaomba said.
The human rights defenders have therefore urged all stakeholders to allow the justice system to operate free from political pressure and preconceived conclusions.
“As a country, we must remain committed to fairness, due process and the independence of our courts and justice institutions. The integrity of our legal system depends on it,” Kaomba said.
For the human rights defenders, the central issue is not the popularity of Lin Yunhua, but whether Malawi remains committed to the principle that justice belongs to everyone and that the law must apply equally to both citizens and foreigners.
