Dr Jane Ansah - Attorney General
Attorney General
Ministry of Justice and Constitutional Affairs
Private Bag 333
Dear Attorney General,
I am writing to you to
urge you to immediately and unconditionally release Steven Monjeza and Tiwonge
Chimbalanga, two men on trial in
Malawi being charged with “unnatural
offences” and “indecent practices between males” under sections 153 and 156 of the Penal Code.
The arrest of the
two men solely for their real or
perceived sexual orientation amounts to discrimination and it is in
violation of their rights to freedom
of conscience, freedom of expression, and privacy.
Laws criminalizing homosexuality criminalize the legitimate exercise of these human rights, which
are protected in treaties ratified
by Malawi, including the International Covenant on Civil
and Political Rights and the
African Charter on Human and
Peoples’ Rights which oblige Malawi
to respect and protect the
right to freedom of conscience, freedom of expression and the right
to privacy, without discrimination on the grounds
of sexual orientation.
I call on you to investigate allegations that the men were beaten
while in police custody and urging you
to bring the perpetrators to justice.
I am further concerned that Tiwonge Chimbalanga was subjected to
forcible anal examination in hospital to establish
whether or not he had had
sexual relations with men, which contravenes the absolute prohibition of torture and other
cruel, inhuman and degrading treatment
or punishment.
Sincerely,
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