Important note: Information in this article was accurate in 2004. The state of the art may have changed since the publication date.
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UN Integrated Regional Information Networks - October 26, 2004
JOHANNESBURG, 26 October (PLUSNEWS) - Incidences of convicts seeking pardon from courts by faking or disclosing their HIV status during litigations is on the rise in Malawi.
However, Magistrate Kitty Nkhono said while the pandemic has reached alarming proportions in the country, courts had no mandate to apply leniency when passing sentence on HIV-positive convicts.
The Malawi Standard newspaper quoted Nkhono as saying: "There is no such provision in Malawi's penal code ... law breakers shall be treated the same every time, until laws are changed."
Malawi's national AIDS Commission estimates more than 14 percent of adults between the age of 15 and 49 are living with HIV/AIDS.
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