J. Violations of the right to life of members of sexual minorities

54. The Special Rapporteur has continued to receive serious reports of persons having been subjected to death threats or extrajudicially killed because of their sexual orientation. It has been reported that on 4 August 1998 in Brazil, four military police officers in the city of Salvador forced two transvestite sex workers to throw themselves into the sea, after having ill-treated and humiliated them. One of the two persons, Junior da Silva Lago, reportedly drowned and his body was found three days later. Local non-governmental sources have reportedly documented the murders of 1,600 homosexuals in Brazil in the period from 1980 to 1997. It is alleged that in only 5 per cent of these cases have the perpetrators been prosecuted. The Special Rapporteur has also been informed that in the last couple of years a number of homosexual men, bisexuals and transvestites have been murdered or subjected to death threats in El Salvador.

56. During her mission to Mexico from 12 to 24 July 1999, the Special Rapporteur met with the Comisión Cuidadana contra los Crímenes de Odio por Homofobia, a non-governmental organization working against violence and so-called “hate crimes” against members of sexual minorities in Mexico. According to information provided by this organization, in the period January 1995-May 1997, at least 125 persons were murdered because of their sexual orientation, 120 of them men. It was reported that the majority of the victims had been killed in an extremely violent and brutal way: their bodies were often found naked with hands and feet tied and with signs of torture, stabbing, strangulation or mutilation. Concern was also expressed that the prejudiced attitude of the authorities, together with tendentious media reports had contributed to an atmosphere of impunity and indifference about crimes committed against members of sexual minorities. The Special Rapporteur brought these concerns to the attention of the Mexican authorities and the Human Rights Commission of the Federal District. They claimed that the authorities did not discriminate against anyone on the ground of sexual orientation, including in the sphere of criminal investigation and prosecution.^[67]

57. It is a cause for great concern that in some States homosexual relationships are still punishable by death. It must be recalled that under article 6 of the International Covenant on Civil and Political Rights death sentences may only be imposed for the most serious crimes, a stipulation which clearly excludes matters of sexual orientation. In this context, the Special Rapporteur wishes to reiterate her belief that the continuing prejudice against members of sexual minorities and especially the criminalization of matters of sexual orientation increases the social stigmatization of these persons. This in turn makes them more vulnerable to violence and human rights abuses, including death threats and violations of the right to life, which are often committed in a climate of impunity.

70. Article 6, paragraph 2, of the International Covenant on Civil and Political Rights stipulates that, “in countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes”. In its General Comment 6 on article 6 of the Covenant, the Human Rights Committee stated that the expression “most serious crimes” must be read restrictively to mean that the death penalty should be a quite exceptional measure. The Special Rapporteur shares this conclusion, and further believes that the death penalty should under no circumstances be mandatory by law, regardless of the charges involved. Paragraph 1 of the Safeguards guaranteeing protection of the rights of those facing the death penalty states that the scope of crimes subject to the death penalty should not go beyond intentional crimes with lethal or other extremely grave consequences. The Special Rapporteur is strongly of the opinion that these restrictions exclude the possibility of imposing death sentences for economic and other so-called victimless offences, or activities of a religious or political nature (…). This principle also excludes actions primarily related to prevailing moral values, such as adultery and prostitution, as well as matters of sexual orientation.

1. For further details please see the mission to Mexico report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, E/CN.4/2000/3/Add.3,  November 25, 1999, Visit to Mexico.↵