Action: Cameroon Action from Headquarters

Urgent Action: Call for Release of 11 Men and Decriminalization of Homosexuality in Cameroon

January 2008

Eleven men were arrested and detained in Cameroon between 19^th July and 1^st September 2007 because they were suspected of engaging in acts of homosexuality. Sexual relations between two people of the same sex are illegal in Cameroon. The 11 men were arrested in the cities of Douala and Yaoundé where they remain in custody. Amnesty International considers the detainees to be prisoners of conscience, detained solely on account of their presumed sexual orientation, and is calling for their immediate and unconditional release as well as for the decriminalization of homosexuality in Cameroon. The continued detention of the men on this basis contravenes the rights to freedom from discrimination, privacy and freedom of assembly and association, as guaranteed by the international and regional human rights treaties to which Cameroon is a party.

Between 19 and 21 July 2007, police arrested six men at various public places in the city of Douala accusing them of engaging in acts of homosexuality. The arrests followed a woman’s allegations of theft and alleged homosexual acts against her two juvenile cousins. The two were arrested, questioned and later released. After their interrogation by the police, three other men were also arrested on suspicion of having engaged in acts of homosexuality. An additional three men were also arrested for the same reasons.

On 25 July 2007, the 6 men were transferred to Douala’s central prison. In addition to charges of homosexuality men were also accused of committing “sodomy” and “corrupting youth” in violation of the provisions of sections 344, 346 and 347 of the Cameroonian Penal code. One of the detainees was also accused of committing an indecent assault with a 16-year-old boy.

On 16 August 2007, two men were arrested in Yaoundé. According to sources, it was close to 4 am when the police broke down the door of the room where the men were sleeping. The policemen asked them to remove their clothes before telling them they were being arrested because they had been caught having sex. Their case was transferred to the Attorney General on 20 August 2007. According to their lawyer, the men were subjected to anal examinations to determine if they had engaged in sexual acts.

On 30 August 2007, at around 5:45 AM, three men were arrested by a police patrol in Douala. The men were found fighting over a TV set and a DVD player. According to the police report one of the accused had solicited sex from the other two men in exchange of 25,000CFA (equivalent of US$ 50) and a fight began after a dispute over the payment. The three men were charged with same-sex sexual relations by the Attorney General at the Douala Public Prosecutor’s Department. They appeared at Douala 1st Instance Tribunal on 7 November 2007, on 2 January and on 8 January 2008 and pleaded not guilty. On 9 January 2008, the Tribunal convicted and sentenced the three men to 6 months imprisonment with hard labor and fines ranging from US $54 to US $100.

RECOMMENDED ACTION: Please send appeals in French, English or your own language:

• expressing concern for the eleven detainees on trial in the capital, Yaoundé, on charges of practising homosexuality;
• stating that Amnesty International believes that they are prisoners of conscience, detained solely because of their alleged sexual orientation;
• asking the authorities to order an immediate halt to the trial of these detainees on charges based on their suspected or known sexual orientation;
• urging the authorities to release the detainees immediately and unconditionally and to respect their right to freedom of association in accordance with international human rights treaties, such as the International Convention on Civil and Political Rights and under the African Convention for Human and People’s Rights, to which Cameroon is a party;
• calling on the authorities to ensure that the detainees are not subjected to anal examinations or any other form of cruel, inhuman or degrading treatment;
• calling on the authorities to ensure that the detainees are allowed access to their families, lawyers and any medical attention they may require.

ADDRESS APPEALS TO:

Minister of Justice

Mr Amadou Ali

Deputy Prime Minister

Minister of Justice

Yaoundé

Cameroon

Salutation: Dear vice-Prime Minister/ Monsieur

le Vice-Premier Ministre

WITH COPIES TO :

Minister of Interior

Mr Marafa Hamidou Yaya

Minister of Territorial Administration Decentralization

Ministry of Territorial Administration Decentralization

Yaoundé

Cameroon

Salutation: Dear Minister/Monsieur le Ministre

Director of Kondengi prison

Monsieur le Directeur

Prison Centrale de Kondengui,

BP 100, Yaoundé- Province Centrale.

Cameroon

…and to diplomatic representatives of Cameroon in your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your Amnesty International section office, if sending appeals after 31 March 2008.

Action: 11 Men Arrested for Homosexual Conduct in Cameroon

FRESH OUT OF AIUSA:
Eleven men were arrested and detained in Cameroon between 19 July and 1st September 2007 allegedly because they were suspected of engaging in acts of homosexuality. Sexual relations between men are illegal in Cameroon. The 11 men were arrested in various places in the cities of Douala and Yaoundé and remain in custody at Douala’s New Bell central prison and Yaoundé’s Kondengui central prison. Amnesty International considers the detainees to be prisoners of conscience, detained solely on account of their presumed sexual orientation, and is calling for their immediate and unconditional release.

Amnesty International USA is relying on people like me and you to spread the word and take action on this case. It literally takes less than two minutes and is sure to make a difference. Countries like Cameroon often fold to international pressure so the more letters and e mails they receive will be the difference between freedom or unjust imprisonment for these 11 men.

Visit this link to take action: link

In Solidarity,
Eleazar

Action: Morocco Update

A hearing for the six men jailed in Morocco was held on Tuesday Jan 8th. The hearing last about 4 hours and no verdict was announced. The Appeal Court announced that it will issue its verdict next Tuesday, 15 January 2008. Please continue to send your appeals to the Moroccan Embassy until the 15th! -Eleazar

Continue Sending your Faxed letters to the Morocco Embassy until then!

Action: Morocco/ Western Sahara

Amnesty International: Morocco/ Western Sahara: Appeal on behalf of six men convicted of practicing homosexuality- continue action through 1/15/2008

Fax Appeals to: Moroccan Embassy - USA: Fax: (202) 265-0161.

AI CONCERN:
Prisoners of conscience; discrimination on the basis of sexual orientation; violation of the right to privacy, the right to freedom of conscience and the right to freedom of expression.
SUMMARY:
Six men found guilty of practicing homosexuality in Morocco/ Western Sahara and convicted to prison sentences ranging from four to 10 months on 10 December 2007 have their appeal trial date fixed for 8 January 2008. Amnesty International is calling for the sentences to be overturned and for the immediate and unconditional release of those convicted solely on the basis of their presumed sexual orientation.
CASE DETAILS:
Fouad Friret and five other men were arrested between 23 and 25 November 2007 in Ksar El Kebir, a small city in northern Morocco, following public denunciations that a private party held by the men on 18 and 19 November was simulating a gay marriage. A video of the party was circulated on the internet website Youtube and prompted some local newspapers and Islamist parties to denounce �perverse acts� and to call for the participants in the party to be punished. Hundreds of angry local inhabitants took to the streets and on one occasion marched to the house where the private party had been held, which led the house owner to take refuge at the local police station. The six men were charged under Article 489 of the Moroccan Penal Code, which punishes �lewd or unnatural acts with an individual of the same sex� with up to three years� imprisonment and a fine of up to 1,200 dirhams (about USD 150).

At the trial, all six men maintained their innocence of the charges. All denied that they had engaged in same-sex sexual relations during the party on 18 and 19 November. The Youtube video was broadcast at the trial but did not present any evidence of �lewd or unnatural acts with an individual of the same sex�.

Despite the lack of evidence, the men were found guilty and sentenced to prison terms and fines. Three men were sentenced to six months� imprisonment and two others to four months� imprisonment. Fouad Friret, the house owner, was sentenced to 10 months� imprisonment on account of homosexual conduct and for allegedly selling alcohol illegally.

Amnesty International considers that the use of laws to imprison individuals for same-sex relations in private is a grave violation of human rights. Article 489 of the Moroccan Penal Code contravenes Morocco�s international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), which protects the rights to freedom of expression (article 19), freedom from arbitrary interference with the right to privacy (article 17) and freedom of conscience (article 18). It affirms the equality of all people before the law and the right to freedom from discrimination (articles 2 and 26). In the landmark 1994 case of Toonen v Australia, the United Nations Human Rights Committee, which monitors states� compliance with the ICCPR, held that sexual orientation should be understood to be a status protected from discrimination under these articles. States cannot limit the enjoyment of human rights on the basis of sexual orientation. The UN Human Rights Committee has since urged states not only to repeal laws criminalizing homosexuality but also to enshrine the prohibition of discrimination based on sexual orientation into their constitutions or other fundamental laws.

Fax Appeals to: Moroccan Embassy - USA: Fax: (202) 265-0161

Cut and Paste this letter text:

[ENTER DATE HERE]

His Excellency Aziz Mekouar
Ambassador to the United Sates
Embassy of The Kingdom of Morocco
1601 21st Street, NW
Washington, DC 20009
Fax: (202) 265-0161

Dear Ambassador Mekouar,

I am writing to express my deep concern that in your country six men were convicted to prison sentences, apparently based on their alleged sexual orientation on December 10^th 2007 by the court of first instance in the city of Ksar El Kebir.

I find it reprehensible that the men were found guilty under Article 489 of the Moroccan Penal Code, which criminalizes same-sex relations, especially since these allegations were not proved conclusively in court. It may be prudent to remember that Article 489 is in direct opposition to Morocco’s international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), including the right to freedom of expression (article 19), freedom from arbitrary interference with the right to privacy (article 17) and freedom of conscience (article 18). It affirms the equality of all before the law and the right to freedom from discrimination (article 2 and 26). The conviction of the six men from Ksar El Kebir stands in direct opposition to these rights.

I therefore respectfully call for Moroccan authorities to facilitate the unconditional release of the six men from prison (including a dismissal of all charges) and to ensure their safety from public threats of violence. I also urge Moroccan authorities to align their national legislation with their international human rights obligations.

I thank you for your time and depend on your urgent attention to this matter.
Sincerely,
[your name here]