Gift Trapence, the executive director of the Malawi based human rights organization Center for the Development of People, says that Steven Monjeza and Tiwonge Chimbalanga, the two gay men convicted last week of unnatural acts and gross indecency, and subsequently sentenced to 14 years in prison with hard labour, have been separated, Monjeza moved to a different prison. It is not clear why Monjeza was transferred – the two men were being held in separate cells, but they were able to see each other from time to time, according to Trapence. The Malawi Law Society condemned the sentence, saying the prosecution of the two gay men was motivated by prejudice not jurisprudence. Trapence said while an appeal has yet to filed, “they lawyers are going to submit the papers either this week or next week. The court is going to give the dates for appeal, so we can’t speculate right now because the court has not given the date.” Attorneys are hopeful the sentence can be either reduced or discharged.
Meanwhile, the Anglican Church of South Africa is asked the president of South Africa, Jacob Zuma, to intercede on behalf of the two men, the church contending that “the sentence that been handed down is a gross violation of human rights and that they condemn such sentences.” The church also said it is concerned with the “violent language” being employed against gays and lesbians in Africa.
Also expressing concern, the head of the UNAIDS Michael Sidibe and the head of the Global Fund to Fight AIDS, TB, and Malaria, Michael Kazatchkine, who met Tuesday with Malawi President Bingu wa Mutharika. Kazatchkine said that “criminalising sexual behaviour drives people who engage in same-sex relations underground and hamper HIV-related programmes aimed at addressing their needs.” He added that “opening a societal dialogue on these sensitive and critical issues is the only way to guarantee access to health services and restore dignity to all.” Mutharika, who, during the trial of the two men, called homosexuality “evil and very bad for the eyes of God” as well as un-Malawian, reportedly said after meeting with the two that he was “confident the cultural, religious and legal dimensions of the debate generated around this case will lead to a positive outcome.”
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