Arrests on suspicion of homosexuality: letter to the UN Special Procedures

Arrests on suspicion of homosexuality: letter to the UN Special Procedures

The ICJ brought the attention of UN Special Procedures to the recent arrest in Cameroon of two men for suspected homosexuality.

Bruno Afaaba (DOB 26/10/1984) and Marc-Henri Batta (DOB 3/9/1982) were arrested 27 September, 2010 by officers of the First Squadron of the Gendarmerie in Yaoundé.

The arrest came after a search of their house revealed a large batch of condoms and lubricant. The two men were detained and on 4 October 2010 they were forced to undergo anal exams to confirm, in the words of the commander of the gendarmerie, their suspected sexual activity.

According to one of their lawyers, Maître André Nlend, Mr. Afaaba and Mr. Batta were not advised of their right to remain silent or to counsel, and were in fact handcuffed during the medical exam. They are currently being held in Kodengui Prison.

Cameroon-Special Procedures-open letter-2010 (full text in English, PDF)

Case of Schalk and Kopf v. Austria

Case of Schalk and Kopf v. Austria

The ICJ and other human rights groups submitted an intervention in Schalk & Kopf v. Austria case.

In Schalk & Kopf v. Austria, the European Court of Human Rights held that the denial of a marriage license to a same-sex couple did not run counter to Austria’s obligations under Article 12 of the European Convention, but the Court did hold for the first time that an unmarried same-sex couple without children constituted a family for the purposes of privacy under Article 8.  Moreover, three of the judges held that there was a violation of Article 8 in conjunction with Article 14.

Austria-case Schalk Kopf-judgement-2010 (full text in English, PDF)

Austria-written comment-legal submission-2010 (full text in English, PDF)

Russia: ICJ legal opinion on section 3.10 of the Ryazan Oblast Law

Russia: ICJ legal opinion on section 3.10 of the Ryazan Oblast Law

Irina Fedotova was convicted under a law that criminalizes propaganda of homosexuality among minors.  She was holding a sign near a school that declared she was proud of her homosexuality. The ICJ’s submission to the Human Rights Committee analyses limitations on freedom of expression in light of the requirement of non-discrimination under the International Covenant on Civil and Political Rights.

Russian Federation-ICJ opinion Oblast law-legal submission-2010 (full text in English, PDF)

Written submission of the International Commission of Jurists and ILGA-Europe

Written submission of the International Commission of Jurists and ILGA-Europe

This present case concerns the Government of Moldova’s denial of permission to GenderDoc-M, an NGO representing LGBT individuals, to hold a peaceful demonstration in front of the Parliament in May 2005.

In both domestic litigation and submissions to this Court, the Government alleged that the refusal was based on “public order” and “public morality.” The Court’s Questions to the Parties concerned Articles 11 and 14 of the Convention.

Maldova-written submission-legal submission-2010 (full text in English, PDF)

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