May 20th, 2010
Declaring that he wanted to protect the public “from people like you,” Judge Nyakwawa Usiwa-Usiwa of Blantyre Magistrates Court sentenced Steven Monjeza, 26, and Tiwonge Chimbalanga, 20, to 14 years in prison with hard labor, the maximum sentence under Malawi law, after having found them found guilty of gross indecency and unnatural acts:
“I sentence you to 14 years imprisonment with hard labour each. That’s the maximum under the penal code,” magistrate Nyakwawa Usiwa Usiwa told the two men in a courtroom in the capital Blantyre.
“I will give you a scaring sentence so that the public be protected from people like you so that we are not tempted to emulate this horrendous example,” the judge added.
“Malawi is not ready to see its sons getting married to its sons.”
The BBC reports that Monjeza broke down in tears when he heard the sentence, while Chimbalanga remained calm.
As they were escorted away under heavy police guard, hundreds of onlookers outside the court shouted abuse at them,. One woman reportedly yelled, “Malawi should never allow homosexuality at any cost.”
The couple’s lawyer said that they would appeal the verdict to High Court.
Human rights groups call the ruling a significant blow:
Undule Mwakasungura, director of the Centre for Human Rights and Rehabilitation, said the sentence would drive gays into hiding. “Malawi needs to sit down and tackle the issue of gays,” he said. “We have many of them who need to publicly access information and HIV and AIDS medical care. It’s a big let-down.”
The U.S. State Department has condemned the conviction:
The United States is deeply disappointed in [the] conviction of same-sex couple Tiwonge Chimbalanga and Steven Monjeza in Malawi,” said assistant secretary Phillip J. Crowley at a press briefing Wednesday. “We view the criminalization of sexual orientation and gender identity as a step backward in the protection of human rights in Malawi. The government of Malawi must respect the human rights of all of its citizens. The United States views the decriminalization of sexual orientation and gender identity as integral to the protection of human rights in Malawi and elsewhere in the world.”
Britain has also denounced the move:
“We are deeply dismayed by the conviction for buggery and indecent practices of Mr. Tiwonge Chimbalanga and Mr. Steven Monjeza,” said a joint statement issued by the Foreign and Commonwealth Office (FCO). “We are also very concerned by the allegations of their mistreatment in police custody,” added FCO Minister Henry Bellingham, International Development Minister Stephen O’Brien and Equalities Minister Lynne Featherstone.
Three British MP’s have called for a Human Rights review in Malawi. In a press release, UK LGBT Advocate Peter Tatchell warns that a fourteen year sentence under Malawi’s harsh prison system could effectively mean the death penalty for Steven and Tiwonge:
“Fourteen years with hard labour could kill Steven and Tiwonge. Prison conditions are appallingly unhealthy,” he said.
“Detainees die in custody. Infectious diseases like TB are rife. Medical treatment is sub-standard. Food rations are very poor nutritional value; mostly maize porridge, beans and water, causing malnutrition. After only five months behind bars, Steven has been seriously ill and has not received proper medical treatment.”
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Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
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