Mombasa High Court: Kenya to declare anal examinations unconstitutional


Two men who were subjected to anal examinations to see if they had been involved in gay sex, have launched a case before the Mombasa High Court, calling for such tests to be declared unconstitutional.

Allegedly, following their arrest by Kenyan police in February 2015, the two men were also forced to take HIV and hepatitis tests on suspicion of homosexual activity. Like many African nations, homosexual activity is illegal in Kenya and is punishable by up to 14 years in prison, although violations are rarely prosecuted.

The two men stated that they  had been inserted with a tube-like object, yet the doctors claim they only had “their private parts observed” while lying down. Neela Ghoshal a senior LGBT researcher spoke of her view of the treatment saying that;

“Anal examinations prove nothing, and they accomplish nothing, other than humiliating and demeaning people who are considered moral outcasts.”

The Independent supports such views, reporting that ,the use of anal examinations to uncover homosexual activity is medically useless.  Moreover, The Human Rights Watch addressed the issue by condemning the treatment as not only degrading, but that it could also amount to torture under international law.

A UN special rapporteur stated in a report this year that “In States where homosexuality is criminalized, men suspected of same-sex conduct are subject to non-consensual anal examinations intended to obtain physical evidence of homosexuality, a practice that is medically worthless and amounts to torture or ill-treatment.”

In accordance with international law, the Human Rights Watch report that such treatment violates Human Rights under the UN Covenant on Civil and Political Rights, the Un Convention Against Torture as well as  African Convention on Human and People’s rights. All in which are signed and adopted by the state of Kenya.

Nevertheless, many other Sub-Saharan countries, like Kenya, have also implemented strict policies. For many countries in this region homosexuality is more than just a subject of taboo. In fact, it  is illegal in 37 African countries (see map at the end of the article).

Last year Gambian president Yahya Jammeh declared: “We will fight these vermis called homosexuals or gays the same way we are fighting malaria-causing mosquitoes, if not more aggressively.” Whilst in 2013, Uganda’s Parliament even passed an anti-homosexuality bill.

This topic seems to touch the entire African continent. Indeed, just last March, The Human Rights Watch claimed that Tunisia had prosecuted seven men for consensual same-sex intercourse and forcing some to undergo anal examinations

One of the seven students confessed: “ I felt like I was an animal, because I felt like I didn’t have any respect. I felt like they were violating me. I feel that even now. It’s very hard for me”.Human Rights Watch have called on the Tunisian parliament to cease using anal examinations as forensic evidence and to urgently decriminalize homosexuality.

Thus , to conclude,  the condemning of such acts  by many officials including the Human Rights Watch, despite the underlying issue of homophobic legislation throughout large parts of Africa, provides a strong case for the Mombasa High Court to declare such acts unconstitutional.

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Image retrieved from Washington Post

 

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