Devlin Commission

The Devlin Commission, officially the Nyasaland Commission of Inquiry, was a Commission of Inquiry set up in 1959 under the chairmanship of Mr.Justice Devlin, later Lord Devlin, after African opposition to the Federation of Rhodesia and Nyasaland, particularly its farming and rural conservation policies, and demands for progress towards majority rule promoted by the Nyasaland African Congress under its leader Dr Hastings Banda led to widespread disturbances in Nyasaland and some deaths. A state of emergency was declared in March 1959; about 1,300 people, many of whom were members of the Nyasaland African Congress party, were detained without trial, over were 2,000 imprisoned for offences related to the emergency and the Congress itself was banned. During the State of Emergency and the week preceding it, a total of 51 people were killed by troops or the police. Although the four members of the Commission were members of The British Establishment, its findings were highly unfavourable to the Nyasaland Government.^[1]

The Devlin Report is the only example of a British judge examining whether the actions of a colonial administration in suppressing dissent were appropriate. It can be viewed not only as an incident in British decolonization, but as an expression of the values of judicial independence and commitment to the rule of law even in emergency conditions, when they are under threat.^[2] Devlin's conclusions that excessive force was used and that Nyasaland was a "police state" caused political uproar at the time. Devlin was not the first person to use the expression "police state" about a British colony; Richard Crossman had described Cyprus as an "amiable police state" in 1955, but it was unusual for this to be said in an official report.^[3] His report was largely rejected and the State of Emergency lasted until June 1960. Although the Devlin Report was initially discredited, in the longer term it helped to convince the British Government that the Federation was not acceptable to its African majority. Dr Banda was released from detention 1960 and the Federation was dissolved in 1963.^[4]