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 10th 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]
