Annual Report 2013
The state of the world's human rights

3 July 2014

Zambia: Court acquits two men accused of having sex ‘against the order of nature’

Zambia: Court acquits two men accused of having sex ‘against the order of nature’
James Mwape and Philip Mubiana, were freed today after having been held for over a year after being charged with having sex “against the order of nature”.

James Mwape and Philip Mubiana, were freed today after having been held for over a year after being charged with having sex “against the order of nature”.

© Private


It is appalling that these men have spent over a year in prison awaiting trial charged with something which should not be a crime
Source: 
Simeon Mawanza, Amnesty International’s Zambia researcher
Date: 
Thu, 03/07/2014

 

Today’s court decision to acquit two Zambian men accused of having consensual sex with each other because the case had not been proved beyond reasonable doubt is the right decision for the wrong reasons, Amnesty International said today. 

“It is appalling that these men have spent over a year in prison awaiting trial charged with something which should not be a crime,” said Simeon Mawanza, Amnesty International’s Zambia researcher. 

 

“To imprison people on the basis of their real or perceived sexual orientation is unjust and a breach of international law. Amnesty International has always regarded these men to be prisoners of conscience.” 

 

James Mwape and Philip Mubiana, were freed today after having been held for over a year after being charged with having sex “against the order of nature”. The judge said that the state had not proven its case beyond reasonable doubt.   

“Freeing the two men is the right decision, but sadly it was reached for the wrong reasons. The Zambian authorities must fulfil their obligations to respect and protect all human rights and end the persecution of individuals on the basis of their real or perceived sexual orientation or gender identity.” 

Issue

Prisoners Of Conscience 
Sexual Orientation and Gender Identity 

Country

Zambia 

Region

Africa 

@amnestyonline on twitter

News

18 September 2014

Nigeria’s police and military routinely torture women, men, and children – some as young as 12 – using a wide range of methods including beatings, shootings and rape... Read more »

25 September 2014

El Salvador has one of the most restrictive abortion laws in the world. Abortion is totally banned in all circumstances and harsh prison sentences befall those accused of... Read more »

01 October 2014

The Chinese authorities must release all those detained for peacefully showing support for pro-democracy protests in Hong Kong.

Read more »
01 October 2014

Ukrainian and rebel forces must immediately end indiscriminate attacks in residential areas, Amnesty International said after at least nine civilians were killed in... Read more »

29 September 2014

Iranian authorities have today confirmed that a woman convicted of killing a man whom she said tried to sexually abuse her will be hanged tomorrow morning at a prison... Read more »