The Clooney Foundation for Justice TrialWatch program, in partnership with USC Gould International Human Rights Clinic and the Centre for Human Rights Education, Advice and Assistance (CHREAA), released a new report from Malawi that documents a disturbing trend: many women imprisoned for violent offenses are actually survivors of gender-based violence. They weren’t protected — they were prosecuted.
The data in the June 2025 report reveals a clear pattern: Nearly half of women interviewed were charged in cases arising from sexual and gender-based violence. The average pretrial detention — 13.7 months — far exceeded constitutional limits.
A trauma-informed approach
In March 2023 the International Human Rights Clinic joined the TrialWatch initiative and CHREAA in Malawi to conduct interviews with incarcerated women whose charges or convictions stemmed from incidents of gender-based violence.
The interviews revealed serious violations of their human rights, including fair trial rights violations, that otherwise began with their experience of violence and trauma and continued through arrest, prosecution and imprisonment.
Violations identified implicated the rights to counsel, dignity and humane treatment, as well as freedom from arbitrary detention and discrimination, among others.
In the lead-up to the fact-finding trip, the clinic developed a detailed, trauma-informed lawyering protocol and questionnaire to systematically guide interviews with cultural sensitivity and care. The clinic also consulted with experts on Malawi’s criminal justice system, as well as trauma-informed therapists to implement best practices to ensure the approach prioritized dignity, consent, confidentiality and emotional safety for the women who chose to share their experiences.
Report findings
The interviews and case documentation formed a critical part of the final report, which documents patterns of human rights and fair trial violations in relation to 63 women detained for violent offenses across 9 Malawian prisons.
The report identifies systemic issues in the criminal justice process, particularly for women, and presents specific practical recommendations for legal and policy reform, grounded in both international and regional human rights law.
“By listening to these women who are too often unrepresented and unheard, while carefully documenting their cases, we can appropriately identify and address the legal and societal structures that contribute to their criminalization and violation of their rights,” said clinic director Hannah Garry.
“Following up on the recommendations in the report will prevent future such abuses against women subjected to gender-based violence, and importantly, help to restore hope, fairness and dignity to these women.”
Looking forward, the report offers a roadmap for underscoring and furthering important efforts already underway in Malawi to align its criminal justice system with human rights standards.
Former IHRC Interim Director Henna Pithia said: “We hope this report will contribute meaningfully to dialogue, reflection and legal reform.”
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