Malawi drops sodomy charges against two men, announces review into anti-gay laws

Two Malawi men who were facing lengthy jail terms of up to 14 years for allegedly engaging in gay sex have since had the charges against them dropped, as the government announces a review into its criminalisation of homosexuality.

Cuthbert Kulemela and Kelvin Gonani were arrested for allegedly having sex in Gonani’s home on December 7 in the capital city of Lilongwe, reports 76crimes.

Justice-Minister-Samuel-Tembenu-and-Solister-General-Janet-Chikaya-Banda-speaking-during-the-press-briefing-at-COI-Pic-by-Stanley-Makuti

While the pair were released on bail with a pending court date, mounting pressure from Human Rights Watch, LGBT activists and government ambassadors from the US and UK has pressured the Malawi government into dropping all charges against the men on December 19.

During their arrest, 19-year-old Kulemela and 33-year-old Gonani were reportedly forced to undergo non-consensual “medical tests” by police, which was defended in a public statement issued by Malawi Justice Minister Samuel Tembenu.

“The findings of these investigations do not disclose a case of two consenting male adults indulging in consensual sex,” he said in the statement.

“Rather, the evidence indicated a case of indecent assault. Hence, the diligence on the part of the police to require medical examination in order to establish the truth. The Ministry has not detected any prejudice or malice on the part of the conduct of the Police.”

Tembenu added a “moratorium on arrests and prosecution of consensual homosexual acts” imposed during 2012 would be upheld, while acknowledging the Malawi government’s views around homosexuality were “at variance” with the international community.

“Consequently, the government has committed itself to review the penal laws on homosexuality under the Penal Code, but this has to be done in consultation with the people of Malawi as prescribed by the Constitution,” he said.

Police spokesperson Nicholas Gondwa said the men were arrested for their own protection as an angry gang began to stone one of the men’s houses, reports Gay Star News.

“We took them to our police office just for their own safety because on that day, these two people’s lives were in danger,” he said.

“People, who surrounded the suspect’s house, could have done anything because they know [him] as one of the people who sodomise young boys. That’s why we released them two days after the arrest.”’

Despite these claims, the bail document obtained by 76crimes.com shows that Malawi police made an arrest for alleged sodomy.

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