In Their Own Words
Murder Charge
Madagascar abolished the death penalty in 2015 but one might argue that severe overcrowding, appalling sanitation conditions, scanty food rations, and other deplorable prison conditions carries a death sentence of its own. Madagascar has three levels of courts. Lower courts are responsible for civil and criminal cases carrying limited fines and sentences. The Court of Appeals includes a criminal court for cases carrying sentences of five years or more. The Supreme Court functions as the highest court in the country.
All names have been changed to protect identities.
The photos displayed do not depict the persons described in the narrative.
“My name is Lova. I am 17 years old and have been here for 6 days. I had been studying mechanics in Tana and took a break for a few days to hang out with some friends in Sambava. Four of us decided to head out to a bar and party. I came home early while the others stayed on. A few hours later the police knocked loudly and I was arrested for murder. I learned that one of my friends had drunk himself into a coma and the other two carried him home where he died at ten pm. The young man’s wife and mother filed a murder case against the three of us. The police didn’t even ask for a medical report. We were first locked up in the Sambava prison but soon were transferred here. I will have my second hearing on May 3rd. My father works in the vanilla plantations and is trying to collect money to pay the public defender. It is the only way a government lawyer will help me.
“The police knocked and I was arrested for murder”
“My name is Frankie. I am 16 years old. I recently passed my school exams and celebrated by partying with my friends. There was one particular girl I liked, and we danced together most of the evening. The next day, one girl's parents accused me of sexual assault, because they didn’t approve of our mutual attraction. We are from different tribes you see. They claimed that their daughter was ten years old and of course that wasn’t true. Without any inquiry, I was put into prison and the girl was never asked to testify. I have a friend who has agreed to be a witness, but has never been summoned. I have finished two hearings but have no idea when my sentencing will happen .”
“I couldn’t stand it. So I grabbed a knife..“
“This kid really has it tough,” the prison guard said. “He’s only fourteen years old and has a murder charge against him.”
“ Is it true?” I asked. “What happened?”
The boy started telling me his story.
“My name is Fanala. A man was attacking my sister in plain sight. No one was trying to stop him. My whole family was watching but everyone else was too scared to intervene. I couldn’t stand it, so I grabbed a knife and slit his throat. But my sister was already dead.”
“He was given only fifteen years, instead of life in prison,” the guard said, “because it was a murder of revenge for the sister he loved, The judge had mercy. Fanala has served one year only so far and has fourteen years left.”
I was stunned.
“Listen,” I said. “You are young. You will still be young after your fourteen years are up. I hope you can learn good things in prison. I hope you will continue your studies. You are lucky in a way, because some prisons don’t have school teachers like this one does. If you could learn one skill in prison, what would it be?”
“Basket making. I want to learn to make baskets.”