Malawi gay wedding couple jailed 14 years
http://www.newzimbabwe.com/news-2475-Malawi+gay+couple+jailed+14+years/news.aspx
20/05/2010 00:00:00 by AFP
A MALAWI court on Thursday sentenced a gay couple who staged an illegal same-sex wedding to 14 years in prison with hard labour, the maximum term.
Tiwonge Chimbalanga and Steven Monjeza were arrested on December 28 after their symbolic wedding and accused of violating "the order of nature". They have been in jail ever since.
Homosexuality is illegal in Malawi and many other African countries.
"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 couple looked subdued when the sentence was handed down and were quickly rushed out of the packed courtroom.
As they were escorted away under heavy police guard, hundreds of curious onlookers outside the court shouted at them, with one woman yelling, "Malawi should never allow homosexuality at any cost."
The sentence could be appealed at the high court, said the judge.
The men's lawyer, Mauya Msuku, said he would consult with his clients on filing an appeal.
The judge Tuesday convicted both men of engaging in gay sex.
In unusually graphic language, Usiwa Usiwa convicted Monjeza of "having carnal knowledge of Tiwonge through the anus, which is against the order of nature."
Chimbalanga was found guilty of "permitting buggery", which the judge said was similarly contrary to the natural order.
Human rights organisations said the sentence was a blow for human rights and minority groups and the fight against HIV/AIDS.
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."
Richard Bridgen of the Southern Africa Litigation Centre said the sentencing was a "real tragedy for Malawian society."
"The deep point is that they have the right to be different... the right to live the life they choose," said Bridgen.
Malawi gay couple sentenced to 14 years in jail
http://www.reuters.com/article/idUSTRE64J7CS20100520
(Reuters) - A Malawi gay couple was sentenced on Thursday to 14 years each in jail after being convicted on sodomy and indecency charges, and Washington swiftly condemned the court decision as "unconscionable."
The couple, Steven Monjeza, 26, and 20-year-old Tiwonge Chimbalanga, were arrested after they got engaged in a traditional ceremony in late December. They were tried and found guilty earlier this week in a trial viewed as a test case for gay rights in the southern African country.
"I sentence these two ... to a maximum sentence because I want us to stop Malawian sons and daughters from copying the same sex marriages which are un-Malawian and not in our culture and religious beliefs," Chief Resident Magistrate Nyakwawa Uisiwausiwa said.
"This is the first case of its kind in Malawi ... this is the worst case of its kind," he added.
Major donors to aid-dependent Malawi have condemned what they called the abuse of human rights in the southern African nation, particularly a crackdown on gay rights, and warned that abuses could affect budget support.
"The United States strongly condemns the conviction and harsh sentencing," Robert Gibbs, U.S. President Barack Obama's press secretary said in a statement.
"The criminalization of sexual orientation and gender identity is unconscionable, and this case mars the human rights record of Malawi," he said. "We urge Malawi and all countries to stop using sexual orientation or gender identity as the basis for arrest, detention, or execution."
Rights group Amnesty International on Tuesday called for the immediate and unconditional release of the couple, saying their human rights have been flagrantly violated.
Malawi gay activist Udule Mwakasungura said the sentence may dent the country's image.
"Malawi is a signatory to treaties that protect minority rights and this sentence is unfortunate and may affect our global standing on human rights," he said.
Homosexuality in Africa has become a contentious issue in recent months after a Ugandan lawmaker proposed a bill including the death penalty for some acts, the arrest of the Malawian couple, and a police raid on a gay wedding in Kenya earlier this year.
Dozens of people packed the court to hear the sentencing. Police closed roads around the building and a nearby bank was closed as more than a thousand people descended on the court.
Tiwonge was calm as the judge pronounced the sentence, which includes hard labor, but Monjeza was visibly shaking at the prospect of going to jail. Police whisked the two away in armed vehicles shortly after the sentencing.
Mauya Msuku, the couple's lawyer said he would appeal the ruling pending a consultation with his clients.
