Egypt
Verdict due in Egyptian "gay case"

afrol News, 12 November - On 14 November an exceptional court is scheduled to hand down its final verdict in a trial of 52 men tried for their alleged sexual orientation. International protests are getting louder.

On 18 July 2001 the Emergency State Security Court for Misdemeanours opened trial against 52 men arrested in May in connection with their alleged sexual orientation. All defendants are charged with "obscene behaviour" while two face additional charges of expressing "contempt for religion." Homosexuality is not explicitly banned by Egyptian law.

Human rights groups have widely condemned the entire case. "Amnesty International believes that the majority, if not all, of these men are facing imprisonment merely in connection with their alleged sexual orientation. If convicted solely on these grounds the organization would call for their immediate and unconditional release," the human rights group today said. "We are also extremely concerned that their trial violates some of the most basic international standards for fair trial."

- Proceedings before this court not only violate defendants' fundamental right to appeal but also contravene principles of the independence of the judiciary as its verdicts have to be submitted to the Military Governor who ultimately decides whether to uphold or quash the verdict or to order a retrial, an Amnesty statement reads. "Such interference by the executive powers constitutes a flagrant violation of the UN Basic Principles on the Independence of the Judiciary."

At pre-trial hearings before the State Security Prosecution on 23 and 24 May, several defendants reported that they had been tortured or ill-treated during the first days of their detention. The prosecution ordered the men to be medically examined in order to establish whether they had practised anal sex. During the following days, the defendants were forcibly subjected to forensic medical examinations. According to Amnesty International's information, no thorough and impartial investigations have been conducted into the torture allegations. 

Al-Fatiha, an international organisation of gay Muslims, strongly has opposed the case. Calling for immediate action, the group's leader, Faisal Alam, asks everyone to, "Contact the nearest Egyptian embassy or consulate TODAY and ask for their immediate and unconditional release. Flood the Egyptian government with phone calls, faxes, and emails and demand that freedom and justice prevail!" 

Al-Fatiha has organised a worldwide protest campaign against the detention of the 52 Egyptians. On 15 August, demonstrations were held outside Egyptian embassies and consulates in Africa, Europe and America, demanding the immediate release of the prisoners. "All Muslims are called upon to take a stand against injustice," said Faisal Alam. "Islam is a religion of peace and social justice. Islam is not homophobic and homophobia is not Islamic." 

The paradoxal situation is that Egypt is one of the few Muslim countries that doesn't outlaw homosexuality. This fact had led to the development of a national gay scene becoming more and more visible. This was however reverted by the recent wave of arrests.

The case of Mahmud
In a related case, the Cairo Juvenile Court sentenced a 16-year-old boy, Mahmud, on 18 September to three years' imprisonment for his alleged sexual orientation. He was reportedly tortured, including being beaten with a stick on the soles of his feet, following his arrest in May. During the first two weeks of his 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 duress and they were later withdrawn. Amnesty International has adopted Mahmud as a prisoner of conscience and calls for his immediate and unconditional release. 

Source: Based on Amnesty, Al-Fatiha and afrol archives

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