Egypt: Release Child Imprisoned for Alleged Sexual Orientation
Amnesty International, Defence for Children International, Human Rights
Watch and International Federation for Human Rights deplored the conviction
and jailing of a 16-year-old Egyptian boy on charges of "obscene
behaviour". The four international human rights organizations urged for
his immediate and unconditional release.
Take Action Now: http://www.amnestyusa.org/action/egypt10302001.html
On 31 October Cairo Juvenile Court will hear the appeal case of 16-year-old
Mahmud. He was sentenced to three years’ imprisonment on 18 September
following his arrest in May for alleged homosexual behaviour. During the
initial two weeks of detention he was denied the fundamental right to meet his
family or be seen by a lawyer. Confessions extracted from Mahmud during that
period were used as evidence in a trial leading to his conviction. His lawyer
claims that these confessions were extracted under pressure and they were
later withdrawn.
"We are extremely concerned about the conviction and harsh sentencing
of a child for his alleged sexual orientation", Amnesty International,
Defence for Children International, Human Rights Watch and International
Federation for Human Rights said today. The organizations said that disregard
for basic safeguards in detention is extremely dangerous and put Mahmud at
serious risk of human rights violations.
"We are seriously concerned that this child was interrogated in
violation of international standards. Such confessions should not have been
allowed as evidence before the court."
According to Article 37 (d) of the UN Convention on the Rights of the Child
to which Egypt is a State Party: "Every child deprived of his or her
liberty shall have the right to prompt access to legal and other appropriate
assistance ...".
The case of Mahmud is related to the trial of 52 alleged gay men on charges
of "obscene behaviour". They are being tried before an exceptional
court - based on the emergency legislation - which does not allow for the
right to an appeal in violation of international human rights law. The men
reported during sessions at the State Security Prosecution Office in May that
they had been subjected to torture and ill-treatment during pre-trial
detention, in particular during the first days after their arrest. No thorough
and impartial investigation is known to having been conducted into these
allegations.
Amnesty International, Defence for Children International, Human Rights
Watch and International Federation for Human Rights have sent a trial observer
to Egypt who will attend the hearing before Cairo Juvenile Court on 31 October
2001.
Background
Mahmud was reportedly arrested on 10 May at about 11pm on Ramsis Street in
the center of Cairo. He was first held at al-Azbekiya police station, before
being transferred to the State Security Intelligence Department in the Misr
al-Gadida district of Cairo. There he was questioned in connection with
investigations against a group of more than 50 other detainees suspected of
consensual sexual activities with persons of the same sex. On 12 May Mahmud
and the others were brought before the State Security Prosecution that ordered
their detention pending investigations. For more than four months Mahmud was
detained at Tora Prison together with adults. Following his conviction on 18
September he was transferred to a Juvenile Punitive Institution in al-Marg
near Cairo.
The UN Convention on the Rights of the Child (CRC) provides clear
guidelines for the protection of children in detention.
Article 37 (c): "Every child deprived of liberty shall be treated with
humanity and respect for the inherent dignity of the human person, and in a
manner which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from adults
unless it is considered in the child’s best interest not to do so ...".
International standards give clear guidelines for proceedings in connection
with juveniles in pre-trial detention. According to Article 37 (d) of the CRC:
"Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well as the right
to challenge the legality of the deprivation of his or her liberty before a
court or other competent, independent and impartial authority, and to a prompt
decision on any such action."
According to Article 15 of the UN Standard Minimum Rules for the
Administration of Juvenile Justice ("The Beijing Rules"):
"(15.2.) The parents or the guardian shall be entitled to participate
in the proceedings and may be required by the competent authority to attend
them in the interest of the juvenile...".
Article 40.2 b (iv) of the CRC stipulates that no child shall "be
compelled to give testimony or to confess guilt".
Mahmud spent over four months in pre-trial detention, although Article 37
(b) of the CRC stresses that deprivation of the liberty of a child should
"be used only as a measure of last resort and for the shortest
appropriate period of time". Similar provisions are included in the UN
Standard Minimum Rules for the Administration of Juvenile Justice and the UN
Rules for the Protection of Juveniles Deprived of their Liberty.
On 18 July 2001 the Emergency State Security Court for Misdemeanours opened
trial against 52 alleged gay. This is an exceptional court based on emergency
legislation which does not allow for the right to appeal in violation of
international human rights law. All defendants are charged with "obscene
behaviour" and two are facing additional charges of expressing
"contempt for religion". The verdict in this case has been scheduled
for 14 November 2001. (For further background on this case please refer to
previous statements: Amnesty International: Egypt: Concerns over detention of
alleged gays, 8 June 2001, AI Index: MDE 12/015/2001; Human Rights Watch:
Egypt: Emergency Court Trials for Homosexuality Suspects, 4 July 2001)
Basic international safeguards for the protection of detainees, including
children, are frequently violated in Egypt.
About Outfront
Around the world, the human rights of lesbians, gay men, bisexuals and
transgender people are violated daily. Not only are people beaten, imprisoned
and killed by their own governments for engaging in homosexual acts, but those
suspected of being lesbian, gay, bisexual or transgender (LGBT) are routinely
the victims of harassment, discrimination and violence. Many of those who
speak up for lesbian and gay rights - regardless of their sexual identity -
are themselves persecuted with impunity.
OUTfront, Amnesty International USA’s Program on Human Rights and Sexual
Identity, joins in this response. OUTfront is part of an international network
of Amnesty activists. Around the world, in over twenty countries, Amnesty
International activists are organized to confront these violations and protect
the rights of lesbian, gay, bisexual and transgender people.
http://www.amnestyusa.org/outfront/
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