The provision makes homosexuality a criminal offense with up to three years in  prison and heavy fines. It has the backing of President Pierre Nkurunziza, who said Monday he will sign the legislation as soon as it reaches his desk this week.

The bill is part of a sweeping reform of the country’s criminal code that also bans capital punishment, protects women and children from all forms of violence – especially sexual violence – and toughens laws on genocide.

The legislation passed Burundi’s House last year, but the Senate removed the ban on homosexuality. The ban was quietly reinstated last week and passed the upper house. Amnesty International’s Africa program director Erwin van der Borght welcomed the abolition of the death penalty in Burundi, saying that it “further strengthens the international trend towards abolition.” Burundi has now become the 93rd country in the world to abolish the death penalty for all crimes.

But he said in a statement, “this good news is undermined by the government’s decision to criminalize homosexuality, in violation of Burundi’s obligations under international and regional human rights law. It also flies in the face of Burundi’s constitution, which guarantees the right to privacy.”

Amnesty warned that the provision could result in the imprisonment of people solely for their actual or imputed sexual orientation, including private sexual relations between consenting adults.

Health organizations in Burundi have said that the new law may also limit the effectiveness of their work to curb HIV/AIDS. They have stated that the current amendment undermines attempts to ensure that people have access to voluntary counseling and testing, to information about prevention of infection and access to treatment where needed.

The Groningen District Court found the two guilty of severe assault for injecting semiconscious men with HIV-infected blood at sex parties between January 2006 and May 2007.

Peter M., 49, who was also convicted of rape, was sentenced to nine years in prison and Hans J., 39, received a five-year sentence. Under Dutch privacy laws, the surnames of convicted criminals are not released.

Prosecutors said they would appeal for higher sentences.

“By committing these acts, (Peter M.) has shown himself to have a serious lack of respect for the rights of others,” the three-judge panel’s written ruling said. “While he knew from his own experience what far-reaching consequences are tied to an infection with HIV, he repeatedly attempted to bring this same hurt to others.”

Prosecutors had argued that the two men, along with a third who was acquitted of major charges, had drugged the 14 victims and intentionally infected them.

But in Wednesday’s ruling, judges said while the victims all had HIV, it could not be proven that they were infected by the injections because they willingly took part in orgies where gay men unprotected sex.

The judges also said allegations the victims were given GHB, known as a “date rape” drug, were also unproven.

The suspects were not charged with attempted murder since Dutch courts have held that HIV is a chronic illness rather than an inevitably fatal one.