MALAWI: FORMER PRESIDENT MALUZI RELEASED ON BAIL, RALLY

UNCLAS LILONGWE 000307

SENSITIVE
SIPDIS

DEPT FOR AF/S - ELIZABETH PELLETREAU
MCC FOR DIEDRA FAIR
LONDON FOR PETER LORD

E.O. 12958: N/A
TAGS: PGOV PINS KDEM ASEC MI
SUBJECT: MALAWI: FORMER PRESIDENT MALUZI RELEASED ON BAIL, RALLY
PREVENTED BY POLICE

REF: A) LILONGWE 294, B) LILONGWE 286


1. (SBU): Summary: On May 30, former president Bakili Muluzi was
granted bail and released from house arrest. Muluzi was arrested on
May 25 upon his return from the UK (ref A) as a suspect in an
alleged coup plot, but was never charged. The High Court in its
ruling cited the case of the previous nine suspects (ref B) who were
granted bail last week and said the evidence did not meet the
required standards to further detain Muluzi. On May 31, Muluzi
visited supporters in Lilongwe who had been hurt the day of his
arrest, but on June 1, police once again surrounded the house of
Muluzi, preventing him from holding a rally in Blantyre. Muluzi
supporters threw stones in response leading police to use tear gas
to break up the crowds. Police defended their actions, saying they
did not receive official word that Muluzi's house arrest had been
terminated. End summary.


2. (U) On May 30, The High Court granted bail to former president
Bakili Muluzi, ending his house arrest. Muluzi was arrested May 25
on suspicion of being involved in a plot to overthrow president
Bingu wa Mutharika. Muluzi remained under house arrest for five
days while the High Court in Blantyre considered his application for
bail. In the ruling, Justice Manyungwa cited the May 20 case of the
nine other suspects in the alleged coup, and reconfirmed that the
presented evidence did not meet the standards to hold Muluzi
further. Muluzi was required to pay $1400 USD bail, must report to
the police once a month, and inform the commissioner of Southern
Region police headquarters whenever he plans to leave Blantyre. The
Judge further stated that he will dismiss all bail conditions in
three months if the state fails to charge Muluzi, take him to court,
or inform him about the accusations against him.


3. (U) On May 31, Muluzi used his new found freedom to visit
supporters in Lilongwe who had been hurt the day of his arrest, but
on June 1, police once again surrounded his house, preventing him
from holding a rally in Blantyre's township of Ndirande. Muluzi's
son reported that heavily-armed police officers were instructed to
seal off the area until the house arrest has officially been lifted.
Supporters from the United Democratic Front Young Democrats threw
stones at the police but were quickly overpowered. Anti-riot police
fired teargas to drive opposition party supporters away from the
area and to prevent further demonstrations. Police defended their
actions, saying they did not receive official word that Muluzi's
house arrest had been terminated. Muluzi's lawyers claimed that the
police are in contempt of court and will pursue further legal
remedies.


4. (SBU) Comment: Despite the high profile arrests, the government
of Malawi has been unable to provide credible evidence of the
treason claims. The High Court continues to uphold due process,
forcing the government to make a case. The prevention of Muluzi's
June 1 rally contiues to bolster Muluzi's claims of harassment, and
will further unite the United Democratic Front and its supporters
behind him.

EASTHAM