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Jurist Tunisia intensifies crackdown on LGBTI individuals: Amnesty International

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Dadparvar

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Nov 11, 2016
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Amnesty International denounced Tunisian authorities’ increased arrests of LGBTI individuals on Thursday. The organization reported that at least 84 individuals, mostly gay men and transgender women, have been arrested since September 2024.

The wave of arrests began after a homophobic and transphobic online campaign gained traction. Many individuals involved in the campaign were supporters of Tunisian President Kais Said. President Said has historically supported the criminalization of homosexuality.

The majority of arrests were based on Article 230 of Tunisia’s Penal Code, which criminalizes “sodomy and lesbianism.” Additionally, Article 226 of the Penal Code prohibits acts that are “against good morals or public morality.” Tunisian authorities have deemed displays of non-conforming gender identity to fall under these provisions.

Arrestees have been subjected to mistreatment while in custody. Men accused of participating in same-sex relations must undergo anal examinations to test for evidence of penetration. Amnesty International considers these forced examinations to be a form of torture. According to the UN Convention Against Torture, “torture” means any official act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person to obtain information from him or for a reason based on discrimination.

Amnesty International reported that LGBTI activists have also been subject to arrest in Tunisia. Mira Ben Salah, who is a part of the LGBTI activist group Damj Association for Justice and Equality, stated that she has been repeatedly harassed by authorities due to her work. Ben Salah has filed complaints with the Public Prosecutor at the country’s Court of First Instance but told Amnesty International that the investigation has not progressed.

Amnesty International has consistently monitored the human rights situation in Tunisia. The organization’s Secretary General reported an alarming rollback of human rights protections after a visit to Tunisia in July 2024. Amnesty International now calls for Tunisian authorities to immediately release arrested LGBTI individuals.

Even though there are no international conventions with a view to eliminating discrimination on the basis of sexual orientation and gender, the UN considers Article 1 of the Universal Declaration of Human Rights as the source of state obligations to respect the human rights of LGBTI persons.

Relatedly in January 2024, Human Rights Watch called on Meta to protect LGBTQ+ people by preventing Middle Eastern countries’ security forces, including Tunisia, from using their data to prosecute sexual minorities.

The post Tunisia intensifies crackdown on LGBTI individuals: Amnesty International appeared first on JURIST - News.

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