- Update info:
- 14 Jan 2016 (Suspended)
- Latest info:
- 18 Nov 2015 (Updated)
- 15 Oct 2015
- Country:
- REPUBLIC OF TUNISIA
- Subject:
- “Marwan”
Gender m/f: m
- Period:
- 15 Feb 2016
- Distribution date:
- 15 Oct 2015
- UA No:
- 216/2015
A Tunisian student has been sentenced to one year in prison for engaging in homosexual relations. He was forced to undergo an anal examination to “prove” that he had had anal sex. He has appealed, and is awaiting the verdict.
A 22-year student known by the pseudonym “Marwan” was sentenced to one year in prison on 22 September, by the First Instance Court in Souse, under Article 230 of the Penal Code, which criminalizes same-sex relations. The judicial police in Hammam-Sousse had summoned Marwan for questioning on 6 September after officers found his number on the phone of a man who had been murdered. During interrogation, Marwan was questioned about his relationship with the murdered man. According to his lawyer, he confessed that he had engaged in homosexual relations with the man. Soon thereafter, police officers slapped him and threatened to undress and rape him, and charge him with murder if he did not confess.
At the Court’s request, Marwan was subjected to anal examination on 11 September to establish “proof” of anal sex. According to Marwan’s lawyer, he was intimidated by the presence of the police outside the examining room and was not aware that he could object to such an examination, which he found humiliating. Amnesty International believes that there is no scientific basis for such anal examinations and that they constitute a form of torture or other ill-treatment when carried out against the person’s will.
Amnesty International believes that to imprison anyone for their real or perceived sexual orientation or gender identity, or for any consensual same-sex relations between adults in private, is a grave violation of human rights. Anyone held solely on that basis is a prisoner of conscience, and must be released immediately and unconditionally.
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ADDITIONAL INFORMATION
Marwan’s case has generated unprecedented civil society mobilization in Tunisia against the criminalization of same-sex sexual relations and forced anal examinations. In a ground-breaking move, Tunisia’s Minister of Justice, Mohamed Salah Ben Aissa, acknowledged on 28 September, that Article 230 of the Penal Code violated personal freedoms and choices, including in the realm of sexuality, and the right to private life, which are guaranteed under the new Constitution adopted in January 2014. The Minister also said that Article 230 should be repealed and encouraged civil society to work towards that end.
Amnesty International has found evidence that the criminalization of same-sex sexual relations under Article 230 of the Penal Code fosters violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Tunisia. It creates an environment where homophobic and transphobic crimes can be more easily accepted, and where survivors of violence do not report crimes for fear of being prosecuted.
- Update info:
- 14 Jan 2016 (Suspended)
- Latest info:
- 18 Nov 2015 (Updated)
- 15 Oct 2015
- Country:
- REPUBLIC OF TUNISIA
- Subject:
- “Marwan”
Gender: Male
- Period:
- 15 Feb 2016
- Distribution date:
- 18 Nov 2015
- UA No:
- 216/2015
A Tunisian student who has been sentenced to one year in prison for engaging in homosexual relations was released on bail on 5 November. However, his appeal trial is ongoing and he is still at risk of being imprisoned.
A 22-year student known by the pseudonym “Marwan” was released on a bail of 500 Dinar (247USD) on 5 November. He was sentenced to one year in prison on 22 September by the First Instance Court in Sousse, under Article 230 of the Penal Code, which criminalizes same-sex sexual relations.
Marwan appealed the Court’s decision and his first appeal session was held on 5 November. According to his lawyer, the judge was receptive to Marwan’s request that he be released so he can complete his final university exams. Marwan was released later that night after the 500 Dinar bail was paid. However, his appeal is ongoing and his next court session will be held on 10 December.
Amnesty International believes that to imprison anyone for their real or perceived sexual orientation or gender identity, or for any consensual same-sex relations between adults in private, is a grave violation of human rights. Anyone held solely on that basis would be considered a prisoner of conscience, and must be released immediately and unconditionally.
As well as violating Tunisia’s Constitution, the criminalization of consensual sexual relations between adults of the same sex is discriminatory and contrary to Tunisia’s international human rights obligations under numerous treaties.
more
ADDITIONAL INFORMATION
The judicial police in Hammam-Sousse had summoned Marwan for questioning on 6 September after officers found his number on the phone of a man who had been murdered. During interrogation, Marwan was questioned about his relationship with the murdered man. According to his lawyer, he confessed that he had engaged in homosexual relations with the man. Soon thereafter, police officers slapped him and threatened to undress and rape him, and charge him with murder if he did not confess.
At the Court’s request, Marwan was subjected to an anal examination on 11 September, conducted by the forensics department in Farhat Hached Hospital in Sousse, to establish “proof” of anal sex. According to Marwan’s lawyer, he was intimidated by the presence of the police outside the examining room and was not aware that he could object to such an examination, which he found humiliating. Amnesty International believes that there is no scientific basis for such anal examinations and that they constitute a form of torture or other ill-treatment when carried out against the person’s will.
Marwan’s case has generated unprecedented civil society mobilization in Tunisia against the criminalization of same-sex sexual relations and forced anal examinations. The former Minister of Justice Mohamed Salah Ben Aissa, acknowledged on 28 September that Article 230 of the Penal Code violated personal freedoms and choices and should be repealed, and encouraged civil society to work towards that end. He has since been asked to step down from his position.
Amnesty International has found evidence that the criminalization of same-sex sexual relations under Article 230 of the Penal Code fosters violence against lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Tunisia. It creates an environment where homophobic and transphobic crimes can be more easily accepted, and where survivors of violence do not report crimes for fear of being prosecuted.
The UN Human Rights Committee (the international expert body which interprets and oversees compliance with the International Covenant on Civil and Political Rights), has confirmed that states (including Tunisia) have an obligation to prohibit discrimination based on sexual orientation and gender identity (Articles 2 and 26); and to respect freedom of expression (Article 19); freedom from arbitrary interference with the right to privacy (Article 17); and freedom of conscience (Article 18).
Further information on UA: 216/15 Index: MDE 30/2842/2015 Issue Date: 9 November 2015
- Update info:
- 14 Jan 2016 (Suspended)
- Latest info:
- 18 Nov 2015 (Updated)
- 15 Oct 2015
- Country:
- REPUBLIC OF TUNISIA
- Subject:
- “Marwan”
Gender m/f: m
- Period:
- 15 Feb 2016
- Distribution date:
- 14 Jan 2016
- UA No:
- 216/2015
Tunisian student jailed for engaging in homosexual relations free after his sentence was reduced on appeal on 17 December.
A 22-year-old Tunisian student, referred to by the pseudonym “Marwan”, was sentenced to one year in prison on 22 September 2015 by the Court of First Instance in Sousse under Article 230 of the Penal Code, which criminalizes same-sex sexual relations. He was released on a bail of 500 Dinars (247 US$) on 5 November so he could complete his final university exams, according to his lawyer.
During an appeal session held on 17 December, Marwan’s sentence was reduced to two months in prison and a 3,000 Dinar fine (1,459 US$). Having already served this time in detention, Marwan was free on 17 December.
No further action is requested from the UA network. Many thanks to all who sent appeals.
This is the second update of UA 216/15. Further information: https://www.amnesty.org/en/documents/MDE30/2842/2015/en/
Further information on UA: 216/15 Index: MDE 30/3159/2016 Issue Date: 7 January 2016
