Africa / Middle East / North Africa

Tunisia: Protests against anal exam, sodomy sentence

Human Rights Watch (HRW) and the Tunisian LGBTIQ rights group Without Restrictions today protested the prison sentence and forced anal examination of a Tunisian man charged with sodomy after his telephone number was found on the phone of a murder victim. First, the statement from HRW:

Location of Tunisia (Map courtesy of Human Rights Watch)

Location of Tunisia (Map courtesy of Human Rights Watch)

Tunisia: One-Year Sentence for Homosexuality
Suspect Subjected to Forced Anal Examination

(Tunis, September 28, 2015) – A 22-year-old Tunisian man accused of engaging in homosexual acts was sentenced to a year in prison on September 22, 2015, in violation of Tunisia’s constitution and international law, Human Rights Watch said today. Tunisian authorities forced him to undergo an anal examination, ostensibly to use as evidence in the case.

Tunisian authorities should immediately revoke the man’s prison term and release him, Human Rights Watch said. Tunisia’s parliament should repeal penal code article 230, which criminalizes sodomy and punishes it with three years in prison. Police should also cease forensic anal examinations of people suspected of homosexual acts. Such examinations are intrusive, invasive, and amount to cruel, inhuman, and degrading treatment that violates international law. State-sponsored forcible anal exams violate medical ethics and have been recognized as torture by the United Nations Committee Against Torture.

Eric Goldstein, deputy Middle East and North Africa director for Human Rights Watch (Photo courtesy of HRW)

Eric Goldstein, deputy Middle East and North Africa director for Human Rights Watch (Photo courtesy of HRW)

“The Tunisian government should not be prosecuting people for private and consensual sexual acts,” said Eric Goldstein, deputy Middle East and North Africa director at Human Rights Watch. “If Tunisia truly aspires to be a regional leader on human rights, it should lead the way in decriminalizing homosexual conduct,” Goldstein said.

Police in Hammam Sousse, a town 120 kilometers south of Tunis, arrested the man, whose name is being withheld to protect him, on September 6. His lawyer, Fadoua Braham, said that police summoned the man for questioning as a witness after they found his telephone number on the phone of a man murdered a week earlier. The lawyer said the man summoned for questioning was then questioned about his homosexuality. He confessed to committing sodomy because, he told the lawyer, the police threatened him to bring a murder charge against him unless he did.

Hamman Sousse is on the coast south of Tunis. (Map courtesy of Weather-Forecast.com)

Hamman Sousse is on the coast south of Tunis. (Map courtesy of Weather-Forecast.com)

The police then opened a separate investigation for alleged homosexuality and required the man to undergo an anal examination by a forensic medical doctor at the Sahloul Hospital in Sousse on September 9, the lawyer said. The prosecutor of the Sousse First Instance Tribunal then charged the man with “homosexual acts” under article 230 of the penal code, which calls for prison terms of up to three years. The prosecution introduced the results of the anal exams as evidence. The man is being held in jail pending the appeal of his conviction.

Tunisia’s constitution, as well as international law, obligates the government to respect the privacy and personal liberty of everyone in Tunisia, and to cease prosecuting people for consensual adult sex, Human Rights Watch said. The Ministries of Interior, Justice, and Health should immediately order an end to the use of forced anal examinations by police investigating consensual sexual conduct.

Authorities in a number of countries subject suspected gay and bisexual men to forensic anal examinations as part of their effort to “prove” that they have engaged in “habitual” anal penetration, Human Rights Watch said. Such examinations are grossly intrusive, invasive, and abusive, violating the individual’s rights to integrity, dignity, and privacy. They constitute cruel, inhuman, and degrading treatment that may amount to torture, violating the African Charter on Human and Peoples’ Rights, the Convention Against Torture, and the International Covenant on Civil and Political Rights, all of which Tunisia has ratified.

Forced forensic anal examinations are also contrary to medical ethics, according to the World Medical Association and the UN Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

Principle 4 of the UN principles states, “it is a contravention of medical ethics for health personnel, particularly physicians … to apply their knowledge and skills in order to assist in the interrogation of prisoners and detainees in a manner that may adversely affect the physical or mental health or condition of such prisoners or detainees and which is not in accordance with the relevant international instruments.”

“Medical professionals who participate in forced anal examinations of people suspected of homosexuality violate medical ethics and facilitate serious miscarriages of justice,” Goldstein said.

This is the statement from Without Restrictions:

Statement

Logo of the Tunisian LGBTIQ rights organization Without Restrictions

Logo of the Tunisian LGBTIQ rights organization Without Restrictions

Following the arrest of a 22-year-old student by police over doubts concerning his sexual orientation, the student was condemned of one year of jail after being forced to undergo an anal test.

The association Without Restrictions is strongly denouncing these practices which represent a clear and outright violation of basic human rights and physical dignity of a Tunisian citizen whose rights are supposedly guaranteed and protected under articles 23 and 24 of the Tunisian Constitution.

We do not only condemn these medieval practices and affirm our solidarity with the victim, but also call for a total overhaul of these outdated laws of the Penal Code that contradicts the Constitution.

We therefore demand the immediate repeal of Article 230 of the Penal Code due to its obvious threat to personal freedoms and individuals’ privacy.

Without Restrictions also wishes to highlight the negative and devastating psychological consequences of this anal test which undoubtedly represents a dangerous method of torture inevitably leading to trauma and irreversible damage.

The Tunisian Constitution which calls for the protection of Tunisian citizens’ rights and freedoms, and provides for the equal treatment of all citizens without discrimination, is consequently subject to a serious violation by these bestial and inhuman practices.

Without Restrictions also calls on the civil society and everyone who believes in human rights to denounce these barbaric practices.

 

36 thoughts on “Tunisia: Protests against anal exam, sodomy sentence

  1. My Comment That i worte a letter to the human rights Watch New York around 8 years ago what’s happening to Gays in Tunisia i told them That Gays here facing always homophobic attacks and the laws against them i want to tell You now That a hundreds of people are jailed for manu years in the Tunisian jails i ask human rights Watch to free them and to change Tunisian laws against Gays

    Like

  2. Pingback: Tunisian justice minister seeks repeal of gay sex ban | 76 CRIMES

  3. Pingback: Orgullo por el mundo: El Papa recibe, y premia, la homofobia de la funcionaria de Kentucky

  4. Pingback: Cristianos Gays » Sentenciado a un año de prisión un joven tunecino por mantener relaciones homosexuales

  5. Pingback: Tunisian justice minister seeks repeal of gay sex ban | MAN ON

  6. Pingback: Tunisian LGBT rights group under attack | 76 CRIMES

  7. Pingback: Human rights advocates decry 3-year sentences in Tunisia | 76 CRIMES

  8. Pingback: Tunisian court cuts off student’s homosexuality sentence | 76 CRIMES

  9. Pingback: Tunisia orders 30-day suspension for pro-LGBT group | 76 CRIMES

  10. Pingback: Tunisian LGBT rights group will appeal 30-day suspension | 76 CRIMES

  11. Pingback: Advocates urge pressure on Tunisia to spare LGBT group | 76 CRIMES

  12. Pingback: Menaced with dissolution, Tunisian LGBT group seeks help | 76 CRIMES

  13. Pingback: Here’s why Tunisian LGBT group should not be suspended | 76 CRIMES

  14. Pingback: Call to action for Tunisia — petitions backing LGBT rights | 76 CRIMES

  15. Pingback: Amnesty plea: Six men free on bail, but in grave danger | 76 CRIMES

  16. Pingback: Victory in Tunisia: Activist group Shams wins in court | 76 CRIMES

  17. Pingback: 6 Tunisians’ prison time reduced to time already served | 76 CRIMES

  18. Pingback: Appeal for an end to anti-LGBT campaign in Tunisia | 76 CRIMES

  19. Pingback: Tunisia: Attack targets LGBTQ activist from Shams | 76 CRIMES

  20. Pingback: Forced anti-gay anal tests face legal challenge in Kenya | 76 CRIMES

  21. Pingback: Abusive anal exams get a thumbs-up from Kenyan judge | 76 CRIMES

  22. Pingback: Tunisia: What are you doing to your youth? | 76 CRIMES

  23. Pingback: Homophobic attack on LGBTI rights defender in Tunisia | 76 CRIMES

  24. Pingback: Amid democratic reforms, deeper troubles for LGBT Tunisians | 76 CRIMES

  25. Pingback: Tunisian police arrest and humiliate trans youth | 76 CRIMES

  26. Pingback: 2 arrests in Tunisia; protests block anal tests | 76 CRIMES

  27. Pingback: Jan. 6 trial in Tunisia for being gay on the street | 76 CRIMES

  28. Pingback: Kenya petition seeks halt to abusive anal testing | 76 CRIMES

  29. Pingback: Tunisian judge jails trans woman pending indecency trial | 76 CRIMES

  30. Pingback: New coalition in Tunisia fights for LGBTQI rights | 76 CRIMES

  31. Pingback: 2 young Tunisians sentenced to 8 months for gay sex | 76 CRIMES

  32. Pingback: Tunisia: 2 months in jail for 2 men for behaving like women | 76 CRIMES

  33. Pingback: Tunisian filmmaker, student jailed on gay-sex charges | 76 CRIMES

  34. Pingback: Tunisian police make LGBT arrests based on Facebook | 76 CRIMES

  35. Pingback: Q. Can Tunisia’s only queer shelter be saved? A. Yes | 76 CRIMES

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s