Date: Thu, 13 Jan 1994 17:27:19 -0800 From: Meg Satterthwaite AMNESTY INTERNATIONAL MEMBERS FOR LESBIAN AND GAY CONCERNS Newsletter Volume 3, 1993 Issue #11 AIMLGC P.O. Box 8293 Santa Cruz, CA 95061-8293 email: aimlgc@igc.apc.org Editor: Meg Satterthwaite 408-427-0710 Typesetting and Design: Kristen Ochoa GAY BRAZILIAN IS GRANTED POLITICAL ASYLUM By Michelle Mohr For the first time in the United States a gay man has been granted political asylum because he has a well founded fear of persecution in Brazil based on his sexual orientation. The decision was issued on July 26 by Judge Philip Leadbetter in San Francisco. He ruled that Marcelo Tenorio was eligible for asylum based on a well founded fear as a result of membership in a particular social group. During TenorioUs trial he cited fear of persecution in Brazil because in 1989 he was stabbed and beaten outside of a gay disco in Rio de Janeiro. The people who attacked Tenorio threatened that if they ever saw him again in that gay neighborhood they would kill him. Tenorio stated that he does not feel safe in Brazil because he looks and acts openly gay. In the 18 page ruling issued by the court, the judge stated that RSexual orientation is arguably an immutable characteristic, and one which an asylum applicant should not be compelled to change. Thus, homosexuals are considered to be members of a particular social group.S Dr. Luiz Mott, the President of Grupo Gay da Bahia in Brazil, testified at TenorioUs trial that there are twelve paramilitary organizations in Brazil that have publicly declared a goal of murdering homosexuals and transvestites. According to statistics compiled by Grupo Gay da Bahia, as many as 1200 gay men, lesbians and transvestites have already been killed by these paramilitary death squads over the last ten years. These groups kill on average one gay person every 5 days. After the decision was made to grant Tenorio asylum, the Immigration and Naturalization Service (INS) had the option of appealing the decision. The INS has since decided to appeal, thus TenorioUs case must be tried again. TenorioUs attorney, Tania Alvarez stated that RI think the INS will appeal, but it will be really hard for them to crack this one.S Even if the Tenorio case is denied during the appeals process this case will make it easier for the next judge to grant political asylum to a gay person because the judge will not have to be the first to do so. There are currently at least fourteen pending cases of gays and lesbians who wish to receive political asylum based on their sexual orientation. If TenorioUs case is not denied during the appeals process, the United States will join Canada, Finland, Germany, Australia, Sweden, Denmark, New Zealand, the Netherlands and Austria in interpreting Rsocial groupS to include persecuted sexual minorities. Julie Dorf, the Executive Director of the International Gay and Lesbian Human Rights Commission said, RBy ruling to grant asylum, Judge Leadbetter has asserted that the United States must become a place of refuge to persecuted gay men and lesbians, just as it can be to other persecuted people. We hope that this ruling is the first of many to grant sexual minorities equal protection under U.S. immigration law.S Gay and Lesbian Human Rights Newsclips The following accounts are not from Amnesty reports; they were culled from various different sources, including the gay press and gay and lesbian organizations. They are included here for informational purposes, and represent the range of situations gay men and lesbians face. The presence of a story here does not indicate that AI is or is not currently investigating the situation. Sources follow each account. Croatia: Bosnian gays fleeing that country will soon have a place to go in Croatia: a Croatian gay group is setting up an emergency center in Zagreb. According to the group, Lesbians and Gay Men in Action, many Croatian gays are also fleeing to the capital because they are resisting the draft. Many of these fleeing gays do not have proper identification and therefore cannot claim Red Cross aid and other help. The center will provide shelter, counseling, and humanitarian aid. (Washington Blade , 7/23/93) Lithuania: On June 10, 1993, the parliament of Lithuania repealed its sodomy law, paragraph 120.1, which had punished homosexual acts between consenting adults. According to reports, the last remaining person imprisoned under paragraph 120.1 was released recently. (Washington Blade , 8/13/93) New Zealand: On July 28, 1993, the parliament of New Zealand accepted a civil rights law which protects gays and people with HIV/AIDS against discrimination. New Zealand repealed its sodomy law in 1986. (Washington Blade , 8/6/93) Norway: Immigration officials rejected an asylum application made by a gay man who was fleeing Cuba, where he said he had been detained three times under that country's sodomy law. He also testified that gays are often raped by police officers. The refugee appealed the decision. (Washington Blade , 5/21/93) Turkey: The Governor of Istanbul banned at the last minute the first Congress of Homosexual Solidarity, which was to be held July 2-6, 1993. Delegates held a press conference to protest the ban on July 3, before which 28 foreign delegates and three Turkish delegates were detained by the police. The foreign detainees were held in a bus for a day and then deported to Germany after having refused an HIV test, requested by the Turkish authorities. The three Turkish detainees were released after facing ill-treatment. International gay and lesbian organizations, as well as Amnesty International, protested the Turkish authorities' actions. (ILGA Press Release, 7/7/93, UA 221/93) United Kingdom: Three young British gay men have petitioned the European Court of Human Rights charging the U.K. with discrimination. Under British law, homosexual acts are prohibited for men under the age of 21, while the age of consent for heterosexuals (and all women) is 16. In 1991, 213 young men under 21 were prosecuted for homosexual acts in private between consenting adults. (ILGA Bulletin , 3/93) AIMLGC Costa Rica Formed A group of AI members in Costa Rica has formed a network there similar to AIMLGC here in the US. The group is called Amnista Internacional - Miembros por los Derechos Humanos de Gays y Lesbianas. The group publishes a newsletter with information about AI's work on behalf of gay and lesbian rights, and sends out information on abuses and actions. This is the first official AIMLGC group in Latin America, and we welcome their work. Congratulations! GAYS SPEAK OUT AT WORLD CONFERENCE At the United Nations World Conference on Human Rights in June 1993, gay men and lesbians had official representation for the first time ever at a U.N. meeting. Three gay organizations were officially represented as non-governmental organizations at the conference: the International Lesbian and Gay Association (ILGA), the Australian Council for Lesbian and Gay Rights, and a Canadian group called Equality for Gays and Lesbians Everywhere. ILGA reported that the gay representatives were not met with much overt homophobia, and they felt their presence was an important, historic step. The official representatives of five nations expressed support for the human rights of gays and lesbians. These countries were: Australia, Austria, Canada, Germany, and the Netherlands. In addition, other non-governmental organizations expressed concern about gay and lesbian oppression and victimization. Amnesty International included concerns about this area, saying in its conference document that gays and lesbians have been overlooked in human rights work around the world. The conference delegates drafted a document of common ground during the proceedings. Canada attempted to add "sexual orientation" to a discussion of discrimination in the document, but the words were not included in the final version. Although the results of gay and lesbian visibility were not concrete in any direct sense, gay activists felt their presence was a major step forward in the struggle for gay and lesbian human rights. (Washington Blade , 7/9/93) Gay and Lesbian Concerns in 1993 Report Amnesty International's 1993 Report on human rights achievements and violations discusses gay and lesbian human rights concerns in several countries. The report discusses anti-gay legislation in Australia, Nicaragua, and the United Kingdom. It mentions new, positive legislative reform in Estonia and Latvia, where sodomy laws were struck down during the last year. Possible gay prisoners of conscience were held in Lithuania and Russia. In addition, the report discusses police abuse in Costa Rica, where gays and transvestites have been subject to torture or cruel, inhuman or degrading treatment, including rape. Gays have been executed in Iran for their homosexuality, and they face extra judicial executions and "disappearances" by death squads in Colombia. The Annual Report is available through the New York office for $16.95/copy. Write: AIUSA, 322 Eighth Avenue, New York, NY 10001. UN FINALIZES RECOGNITION OF FIRST GAY AND LESBIAN ORGANIZATION By Michelle Mohr On July 30, 1993 the United Nations Economic and Social Council (ECOSOC) gave permanent Rnon governmental organizationS status to an organization representing Lesbians and Gay men. This action finalized the recommendation that was handed down by the UN Committee on Non-Governmental Organizations on March 31 (see story, AIMLGC issue #10). The International Gay and Lesbian Association (ILGA) was supported by 22 States. Four states voted against and 17 States abstained. ILGA can now participate in UN human rights meetings. The following States voted in favor of ILGA: Argentina, Australia, Austria, Belarus, Belgium, Brazil, Canada, Chile, Cuba, Denmark, France, Germany, Italy, Japan, Mexico, Norway, Peru, Russian Federation, Spain, Ukraine, The United Kingdom, and the United States. The following States voted against ILGA: Malaysia, Swaziland, Syria, and Togo. Major Countries abstaining were China, Colombia, India and Nigeria. Morocco, unsure of what to do, announced that it was Rabsent." This provoked laughter throughout the room. Cuba, often criticized for its policies on homosexuals, told ILGA it had Rlearned from its mistakes.S France came out in strong support of ILGA, stating that ILGAUs Robjective of fighting discrimination should have the support of the Economic and Social Council.S Malaysia said it opposed the R ethical and moral values represented by this organization.S India abstained because it preferred unanimous decisions on the accreditation of new non governmental organizations. The International Gay and Lesbian Human Rights Commission (IGLHRC) in San Francisco acts as the Action Secretariat for ILGA and will thus have the opportunity to help lobby the UN on behalf of gay and lesbian human rights. In addition, the Center ILGA Committee, based in New York, will step up its work to ensure that ILGA's voice is heard at the United Nations. Amnesty International has Rconsultative statusS within the United Nations as well. This is a unique opportunity for human rights organizations and gay and lesbian organizations to pull together in order to put more pressure on the UN on behalf of gay and lesbian human rights. AIUSA CAMPAIGN ON GAY AND LESBIAN HUMAN RIGHTS AIUSA will kick-off Amnesty's first-ever campaign for the human rights of gay men and lesbians. The campaign, which was mandated by a resolution passed at the 1992 Annual General Meeting, will begin in January and run through June 1994. Like other AIUSA campaigns, this one will begin with the publication of a campaign document, which will be the basis for actions and events organized by local and youth groups. This document will be very important: it will be one of the first ever published by a large human rights organization on gay and lesbian human rights. Groups are invited to sign up for the campaign by filling out a coupon that will be included in the September, October, and November Monthly Mailing and Inter-SAY mailings. Campaign materials will be sent out to groups who want to participate. The campaign will culminate with AIMLGC's participation in the Stonewall 25 March to the UN in June 1994. AIMLGC Steering Committee Action: Abe Bonowitz Meg Satterthwaite Paul Tighe Policy: Catherine DeFlorio Alice Miller Cynthia Rothschild Meg Satterthwaite Vince Steele Staff Liaison: Cary Johnson Liaison to HIV Task Force: Sofia Gruskin Officers: Chair: Meg Satterthwaite Treasurer: Paul Tighe Secretary: Neil Demers-Grey Database Coordinator: Mike Lax Submissions: We welcome submissions to the AIMLGC newsletter. Please keep articles to two pages, typed single-spaced. Submissions should address issues of gay and lesbian human rights as a facet of Amnesty International's work. Submissions will be edited by the coordinating editor. Please send submissions to AIMLGC, or call your Regional Contact for more information. Deadline for issue #12: November 15. Subscriptions: One-year, four issue subscriptions are $8.00 Please make checks payable to AIMLGC. AIMLGC is an official membership network of Amnesty International, USA. Amnesty International is an independent worldwide movement working impartially for the release of all prisoners of conscience, fair and prompt trials for political prisoners and an end to torture and executions. It is funded by members and supporters throughout the world. IRELAND PROPOSES DECRIMINALIZATION The Government of the Republic of Ireland recently published the Criminal Law (Sexual Offences ) Bill 1993, which will repeal the existing law forbidding homosexual acts and introduce provisions prohibiting such acts with persons under 17 years. Current legislation on homosexuality on the Republic of Ireland is in breach of the European Convention on Human Rights because if allows for the prosecution of consenting adults engaging in homosexual acts in private. The European Court of Human Rights ruled in the David Norris case in 1988 that Irish laws were in breach of Article 8 of the European Convention, which guarantees the right to privacy. David Norris, a senator and long-standing campaigner for gay rights in the Republic of Ireland, contested in the 1987 before the European Court of Human Rights the existence of laws which make certain homosexual practices between consenting adult men criminal offenses. Although the Irish government pleaded that the legislation had never been enforced against the applicant, and that he could not claim to be a "victim" under within the meaning of article 25/1 of the Convention, the Court held that Article 25 of the Convention "entitles individuals to contend that a law violates their rights by itself... if they run the risk of being directly affected by it." It admitted that the risk of prosecution in this case was minimal but that as long as a law remained in the Statute Book it might be applied at any time. The Court stated: "Moreover, it was found in the national proceedings that one of the effects of criminal sanctions against homosexual acts is to increase the anxiety and guilt of homosexuals leading, on occasions, to depression and the serious consequences which can follow from that unfortunate disease." It has been many years since the European Court decision, and gay and lesbian organizations both inside and outside of Ireland have been campaigning for the repeal of the law since. These organizations are now joined by Amnesty, which welcomes the proposed legislation and is pressing for its acceptance. In June, Amnesty produced a Regional Action Network action aimed at encouraging this legislative change. The action was assigned to groups in Canada, Sweden, and Germany. (AI EUR 29/05/93) LEAGUE FOR LESBIAN AND GAY PRISONERS The League for Lesbian and Gay Prisoners (LLGP) is a support and resource network of people, both in and out of prison, who are concerned about the equal rights, special problems, and issues of gay, lesbian, bisexual, and transgender prisoners. They have contacted AIMLGC, and are interested in keeping us up to date on the human rights situation for gay people in American prisons. In addition, they will alert us if they have cases that seem relevant to our work. The League stresses the importance of including the voices of incarcerated people in our movements, and has set up a "proxy" system, whereby a person on the "outside" wears a wrist bracelet with a prisoner's name, ID number, and state as a representative and link for that person across the walls. The LLGP is also working on documentation and support materials, and will make them available to people who need them. To find out more, please write: LLGP, 1202 East Pike Street, Ste. 1044, Seattle, WA 98122-3934. AIMLGC Regional Contacts SOUTH: Vince Steele 5009 T Endolwood Road Charlotte, NC 28515 Mike Lax 12514 B Esplanade Street Austin, TX 78727-4409 (512)837-1596 MID-ATLANTIC: Jacki Weber 411 Tulip Takoma Park, MD 20912 (301)270-2126 NORTHEAST: Ron Buckmire 11 Colvin Circle Troy, NY 12180-3735 (518)276-8910 email: buckmr@rpi.edu Steve Arbogast 20 Mount Vernon Street Boston, MA 02108 Dan Mullins c/o CCP 64 Main Street Cortland, NY 13045 (607)756-5540 MIDWEST: Abe Bonowitz 3150 Broadmoor Avenue Columbus, OH 43209 (614)235-6371 WEST: George Dedes Unit G 1535 N. Obispo Avenue Long Beach, CA 90804 Neil Demers-Grey 6403 Whipoorwill Street #104 Ventura, CA 93003 (805)650-9546 David Jeffries 822 S. Mill Ave. Suite 106 Tempe, AZ 85281 (602)894-5568 NORTHWEST: Scott Douglas P.O. Box 1624 Olympia, WA 98502 (206)352-0451 STONEWALL 25 By Abe Bonowitz The last weekend of July was a good one for AIMLGC Steering Committee members Catherine DeFlorio and Abe Bonowitz. In the space of three short days the two were able to network, inform, and build relationships with leaders of the gay and lesbian community both nationwide and in Chicago. DeFlorio and Bonowitz attended the national steering committee meeting of Stonewall 25 and a local event by AIUSA group #113 in Chicago, one of two AIUSA local groups with action files related to homosexual issues. Stonewall 25, in planning stages for several years, is moving into high gear as June 26, 1994 fast approaches. Stonewall 25 is an international march on the United Nations building in New York City to affirm the Universal Declaration of Human Rights (UDHR) for gays and lesbians. It is set for June 1994 in order to coincide with the 25th anniversary of the Stonewall riots in 1969, considered to be the catalyst that galvanized the modern gay rights movement. The goal of July's steering committee meeting was to confirm committee chairpeople, seat regional delegates, and get the organizing ball rolling. AIMLGC's two midwest representatives, Catherine DeFlorio from the "Policy" sub-committee and Abe Bonowitz from the "Action" sub-committee, both attended to observe the meeting and add input when appropriate. Aside from making new contacts, one key success was in pushing for the promotion of basic human rights education and casework. Surprisingly, even though the march platform is based in the UDHR, no plans had been made to include such information in Stonewall 25 materials or outreach. AIMLGC's suggestions have led to plans for the inclusion of such material, with the probability that Stonewall 25 mailings will include AI case actions from our upcoming campaign. It was also determined that an in-service will be given at the upcoming Stonewall 25 steering committee meeting to educate the delegates about human rights issues, the UDHR, and the operating structures of the United Nations. AIMLGC has been given an organizational seat on the national Stonewall 25 steering committee and has determined that Catherine DeFlorio and Abe Bonowitz will be our official representatives to Stonewall 25. The next meeting will be the weekend of October 23 in Boise, Idaho. The other main event of the weekend was an outreach event organized by AIUSA Chicago group #113 at a popular restaurant. The event was organized in order to educate and raise interest in the group's work among the Chicago gay community. Group #113 has an Action File aimed at anti-sodomy legislation in Tasmania (see Action in this issue). Group members have been writing letters to Tasmanian parliamentarians, asking them to repeal the statutes that criminalize certain consensual sexual acts. Bonowitz and DeFlorio were the featured speakers, giving information about Amnesty's history on the issue and a run-down of human rights violations against gays and lesbians worldwide. The audience, small but appreciative, asked a number of probing questions and seemed to leave contented. AIMLGC would like to thank several AIUSA entities for helping to fund our efforts for the weekend. Bonowitz and DeFlorio received subsidies of 1/2 of their travel expenses from the budget of the upcoming gay and lesbian campaign, and an additional contribution from the Midwest Regional Office Cultural Diversification fund went to help with other expenses. Still, they spent a fair amount of their own money which AIMLGC would like to be able to reimburse. If you would like to contribute to the AIMLGC travel/outreach fund to help cover similar expenses in the future, please send a check to treasurer Paul Tighe with a note saying it is for the T/O fund. Partners for Human Rights By Michelle Mohr In Iran homosexuals are stoned to death. In Colombia, Brazil and Ecuador sexual minorities are gunned down in the streets. Many countries still imprison homosexuals with repressive sodomy laws. For these reasons, Amnesty International has included sexual orientation in the AI mandate and the International Gay and Lesbian Human Rights Commission (IGLHRC) has existed for three years to document abuses in countries around the world. Both AI and the IGLHRC have unique and different roles to play in the continuing struggle for gay, lesbian and HIV-positive human rights. AI and the IGLHRC are similar in that they both seek to eradicate human rights abuses. AI operates as a large international body with extensive contacts, a large international grass-roots base, and an investigation center (the International Secretariat) in London. AI documents and researches cases based on the AI mandate which is composed of three main points. Seeking the release of Prisoners of Conscience who are held for their beliefs, color, sex, ethnic origin, language or religion, providing they have never used or advocated violence. Second, asking for fair and prompt trial for all political prisoners and third, advocating an end to torture and execution in all cases. The IGLHRC is a San Francisco-based organization that focuses on gay, lesbian, bisexual and HIV-POSITIVE human rights cases. Most of the research is done out of a 4 room office on Castro Street by 2 1/2 devoted employees and approximately 150 volunteers. All of the research for the Emergency Response bi-monthly bulletin is done by gathering information from sources around the world. Because the IGLHRC is relatively new to the human rights scene, the organization has to be particularly careful to report accurate and well-documented information in order to maintain credibility. The IGLHRC will not publish anything if they are not certain of its accuracy. The IGLHRC also documents cases of gays, lesbians, and HIV-POSITIVE people who are seeking political asylum in the United States. The Emergency Response Network serves as the avenue by which the IGLHRC mobilizes letter writing campaigns. There are currently no IGLHRC letter writing groups. The IGLHRC also functions as the Action Secretariat of the International Lesbian and Gay Association (ILGA). ILGA is a federation of over 300 gay and lesbian groups worldwide. The IGLHRC is still in its formative years and thus there is incredible opportunity and need for expansion of the organization. Amnesty International has thus far greatly benefited the gay and lesbian human rights struggle in part because AI has the reputation world-wide of being accurate and impartial. AI is the largest human rights organization in the world with the most members and the largest influence. When an AI Urgent Action is sent out it goes to local groups and student groups around the world. EverybodyUs letters together have incredible strength in influencing governments to release a prisoner or stop torture. AIUs support of gay and lesbian human rights is certainly a huge benefit to the struggle to protect all people from human rights abuses. The Secretary General of AI, Pierre San in a recent interview with the Philadelphia News , emphasized that gays and lesbians are an important part of the international struggle for human rights. While AI does help give more credibility to gay and lesbian human rights because it is a well-known international organization, there are certain areas in which the IGLHRC excels, areas that extend beyond the scope of AI's mandate. The IGLHRC communicates with gays and lesbians all over the world not only to learn about the human rights situation in a country but also to build friendships and community. Many lesbian and gay people do not have any access to gay and lesbian life. Every time I get a response from Turkey or South Africa I am reminded how universal the struggle for human rights is and how we are all a vital part of the network of people who stand up for the human rights of gays and lesbians. On the side, the IGLHRC helps to run an Eastern European pen-pal network and often sends care packages of gay and lesbian magazines, medical supplies and safer sex tools to people in other countries. The IGLHRC is in a unique position to do international outreach because it is the only international gay and lesbian organization whose mandate is to monitor, document and mobilize response to human rights violations against sexual minorities and people with HIV or AIDS. The IGLHRC is not limited to prisoners of conscience, torture and executions. They fight gay and lesbian discrimination in all forms including police extortion, lesbians in mental hospitals, police harassment of gay bars, discrimination against people with HIV or AIDS and any other human rights violation that is encountered by sexual minorities. AI works on behalf of more types of people within a more narrow mandate whereas the IGLHRC works only on sexual minorities and people with HIV or AIDS within a broad mandate. Thus both organizations contribute considerably to the human rights movement in different ways. Gay, lesbian, and HIV-POSITIVE human rights bring special concerns with them that must be understood by both the IGLHRC and AI. Often the person in jail can not be identified by name because of homophobia within their country. In other countries sexuality is a taboo subject and thus homosexuality is rarely mentioned. Some countries even deny that they have any homosexuals. A spokesman at the Chinese embassy in London said that homosexuality is Rnot a problem in China, we do not have homosexuals in China.S In the past when homosexuals have been denied their human rights there was nobody speaking up for them and no international organization to investigate the situation. This is slowly changing as more human rights groups are beginning to work on behalf of gays and lesbians. One of the most popular arguments made by those who oppose gays and lesbians is that gays and lesbians want Rspecial rightsS. The one Rspecial rightS that no one can reasonably argue against is human rights. The right to not be put in jail for being gay or lesbian or advocating on behalf of gay and lesbian human rights. The right to not be tortured or killed because you are gay or lesbian. These human rights are at the root of the gay and lesbian movement. Without them we are no longer free. Both Amnesty International and the International Gay and Lesbian Human Rights Commission are helping preserve the human rights of gays and lesbians around the world. VIOLACIONES CONTRA ACTIVISTAS GAY EN MEXICO En junio, Amnistia Internacional revelo informacion sobre el encarcelamiento de activistas de derechos gay en Mexico, quienes puedan ser prisioneros de conciencia. Los dos activistas, Gerardo Ruben Ortega Zurita, 36, y Jose Cruz Reyes Pontenciano, 23, son muy conocidos en la Ciudad de Mexico por su trabajo voluntario en la prevencion del SIDA con varones prostitutas . Como parte de su campana, los activistas han denunciado repetidamente en los medios de comunicacion mexicanos los abusos alegadamente padecidos por los prostitutas homosexuales a manos de la policia y otras autoridades, incluyendo golpes y extorcion. Fueron arrestados tres dias despues de que Gerardo Ruben Ortega Zurita fue entrevistado en la television, donde el repitio sus criticismos contra las autoridades alrededor de cuestiones de los homosexuales. Ortega Zurita y Reyes Pontenciano fueron arrestados el 16 de junio, 1992 en la Ciudad de Mexico por miembros de la policia judicial del Distrito Federal, quienes alegaron que fueron detenidos en 'flagrante delicto'. Los dos hombres fueron acusados de la violacion y el asalto sexual de un menor. Fueron transferidos a una estacion de policia donde las autoridades anunciaron su arresto a la prensa, no obstante la falta de acusaciones formales contra los dos en ese momento. Segun se informa, ambos fueron golpeados por la policia, y fueron transferidos el mismo dia a otra estacion en el vecindario de Coyoacn, donde se quedaron incomunicados hasta el dia siguiente. El 17 de junio fueron presentados ante un abogado local para sus declaraciones preliminarios, y sus acusaciones fueron confirmadas a pesar de la falta de evidencia de apoyo. (Una examinacion forense, llevado a cabo el dia del arresto de los dos hombres y de la victima alegada, segun se informa, desecho la existencia de evidencia fisica de violacion. La misma examinacion aparentemente acerto heridas en los acusados consistentes con las alegaciones de golpes por la policia.) El 18 de junio, 1992, Ortega Zurita y Reyes Pontenciano fueron transferidos al Reclusorio Preventivo Sur, una crcel en la Ciudad de Mexico, pendiente su juicio. Ambos alegadamente padecieron golpes y hostigamiento de los otros presos en los dias despues de su llegada. El 31 de marzo, 1993 ambos fueron sentenciados a 13 anos y 9 meses en la crcel. La sentencia est bajo apelacion ante la Corte de Apelacion de la Ciudad de Mexico. Amnistia Internacional est seriamente preocupado sobre el encarcelamiento y maltratamiento padecido por estos dos activistas. Informacion recientemente recibida por AI sugiere que ambos hombres fueron arrestados y acusados con ofensas que no fueron corroboradas ni por la evidencia forense inicial, ni por el testimonio de testigos confiables; y que su arresto y encarcelamiento pueden haber sido motivados por el criticismo activo y abierto de ambos sobre asuntos gay en la Ciudad de Mexico, junto con un prejuicio alegado contra los acusados por las autoridades del caso. Amnistia Internacional cree que Gerardo Ruben Ortega Zurita y Jose Cruz Reyes Pontenciano puedan ser prisioneros de conciencia. En consecuencia, la organizacion est invocando las autoridades a que tengan una investigacion completa e imparcial sobre las alegaciones de la violacion de los derechos humanos padecidos por ambos hombres, incluyendo su encarcelamiento y maltratamiento, y que lleven a la justicia los responsables. (AI AMR 41/03/93) BRASILENO GAY ESTA OTORGADO ASILO POLITICO por Michelle Mohr Por primera vez en los Estados Unidos, se ha otorgado asilo politico a un hombre gay por el miedo bien fundado de la persecucion que el tiene en Brasil, basado en su orientacion sexual. La decision fue expedida el 26 de julio por el juez Philip Leadbetter en San Francisco. El juez decidio que Marcelo Tenorio fue eligible por asilo basado en su miedo bien fundado a causa de que es miembro de un grupo social particular. Durante el juicio de Tenorio, el cito un miedo de la persecucion en Brasil por el hecho de que en 1989 fue apunalado y golpeado afuera de una discoteca gay en Rio de Janeiro. La gente que ataco a Tenorio le amenazaron diciendo que si lo vieran otra vez en ese vecindario, lo matarian. Tenorio dijo que no se siente seguro en Brasil porque el aparece y actua abiertamente gay. En la decision de 18 pginas expedida por la corte, el juez afirmo que la orientacion sexual es discutiblemente una caracteristica inmutable, algo que un aplicante de asilo no debe de estar exigido a cambiar. Asi, los homosexuales estn considerados como miembros de un grupo social particular. Dr. Luiz Mott, presidente del Grupo Gay da Bahia en Brasil, testifico en el juicio de Tenorio que hay doce organizaciones paramilitares en Brasil que han declarado publicamente su meta de asesinar a todos los homosexuales y transvestitas. Segun estadisticas compiladas por el Grupo Gay da Bahia, tantos como 1200 hombres gay, lesbianas y transvestitas han sido asesinados por estos escuadrones de la muerte paramilitares en los ultimos diez anos. Estos grupos matan a una persona gay cada 5 dias por termino medio. Despues de la decision de otorgar asilo a Tenorio, el Servicio de Inmigracion y Naturalizacion (Immigration and Naturalization Service-INS) tenia la opcion de apelar la decision. El INS ha decidido apelar, asi que tendrn que juzgar el caso otra vez. El abogado de Tenorio, Tania Alvarez, dijo que, "Creo que va a apelar el INS, pero les va a resultar muy dificil ganar este caso." Aun si est negado el caso de Tenorio durante el proceso de apelacion, este caso facilitar al promixo juez hacer la decision de otorgar asilo a una persona gay, como no ser el primero en hacerlo. Actualmente, hay al menos 14 casos pendientes de gays y lesbianas que quieren asilo politico a causa de su orientacion sexual. Si el caso de Tenorio no est negado durante el proceso de apelacion, los Estados Unidos se unir con Canada, Finlandia, Alemania, Australia, Suecia, Dinamarca, Nueva Zelanda, los Paises Bajos y Austria en incluir minorias sexuales perseguidas en la interpretacion de un 'grupo social'. Julie Dorf, Directora Ejecutiva de la Comision Internacional de Derechos Humanos de Gays y Lesbianas dijo, "En otorgar asilo, el juez Leadbetter ha afirmado que los Estados Unidos tiene que ser un sitio de refugio para los hombres gay y lesbianas perseguidos, igual como lo puede ser para otra gente perseguida. Esperamos que esta decision sea la primera de muchas en otorgar a las minorias sexuales proteccion igual bajo las leyes de inmigracion de los Estados Unidos." IRLANDA PROPONE LA DECRIMINALIZACION El gobierno de la Republica de Irlanda publico recientemente la Ley Criminal (Ofensas Sexuales) Documento1993, lo cual revocara la ley existente que prohibe actos homosexuales, e introducira provisiones que prohiben tales actos con personas bajo la edad de 17 anos. La legislacion actual sobre la homosexualidad en la Republica de Irlanda esta en violacion de la Convencion Europea sobre los Derechos Humanos porque permite la prosecucion de adultos consentidos que participan en actos homosexuales en la privacidad. La Corte Europea de Derechos Humanos decidio en el caso de David Norris en 1988 que las leyes irlandeses estaban en violacion del Articulo 8 de la Convencion Europea, lo cual garantiza el derecho a la privacidad. David Norris, un senador de la Republica de Irlanda, y proponente de derechos homosexuales por mucho tiempo, disputo en 1987, ante la Corte Europea de Derechos Humanos, la existencia de leyes que hacen criminales ciertas practicas homosexuales entre adultos consentidos masculinos. Aunque el gobierno irlandes alego que la legislacion nunca habia sido puesto en vigor contra el aplicante, y que el no pudo sostener que fue una "victima" bajo el significado del Articulo 25/1 de la Convencion, la Corte mantuvo que el Articulo 25 de la Convencion "da derecho a individuales en mantener que una ley, en si misma, viola sus derechos ... si corren el riesgo de estar directamente afectado por ella." Admitio que el riesgo del procesamiento en este caso fue minimo, pero que si se queda la ley en el Libro de Estatutos, puede ser aplicado en cualquier momento. La Corte afirmo, "Ademas, fue pronunciado en las procedencias nacionales que uno de los afectos de las sanciones criminales contra los actos homosexuales es de aumentar la ansiedad y el sentimiento de culpabilidad de homosexuales, contribuyendo, a veces, a la depresion y a las consecuencias serias que pueden resultar de esa enfermedad desafortunada." Han pasado muchos anos desde la decision de la Corte Europea, y organizaciones de gays y lesbianas adentro y afuera de Irlanda han estado haciendo campana para la revocacion de la ley desde ese principio. Amnistia ahora se une con estas organizaciones, esperando la legislacion propuesta y urgiendo su aceptacion. En junio, Amnistia produjo una accion de la Red Regional de Accion ('Regional Action Network') con el fin de apoyar este cambio legislativo. Esta accion fue designada a grupos en Canada, Suecia y Alemania. (AI EUR 29/05/93) AIMLGC URGENT ACTION APPEAL Australia: Tasmanian Sodomy Law Amnesty International is concerned that sections of the Australian state of Tasmania's Criminal Code Act 1924 (Amended 1987) criminalize all male homosexual acts between consenting adults in private. Background: Section 122 of the Tasmanian Criminal Code Act 1924 (Amended 1987) states that "Any person who (a) has sexual intercourse with any person against the order of nature;... (c) consents to a male person having sexual intercourse with him or her against the order of nature, is guilty of a crime," and could be charged with "unnatural sexual intercourse." Section 123 of the same Act states that "Any male person who, whether in public or private, commits any indecent assault upon, or other act of gross indecency with, another male person, or procures another male person to commit any act of gross indecency with himself or any other male person, is guilty of a crime," and could be charged with "indecent practice between male persons." It is clear that this law allows for the prosecution of consenting adults engaging in homosexual acts in private. All states and territories in Australia except the state of Tasmania have decriminalized male homosexual acts between consenting adults in private. AIMLGC's action comes at a crucial time for this law: in December, 1991, Mr. Nick Toonen, a gay activist from Hobart, filed a complaint with the UN Human Rights Committee, charging that anti-sodomy laws in Tasmania violate his human rights as a gay man. The laws, which have not been used against adults in ten years, provide a maximum penalty of 21 years in prison. Because Tasmanian activists have been met with harsh reactions in their area, they are looking to the UN and the international human rights community for assistance. Recommended Action: Please send courteously worded letters in English, or your own language, to the government authorities below. Points to stress in your letters are below: ---Express concern that certain sections of the Tasmanian Criminal Code Act 1924 (Amended 1987) criminalize all male homosexual acts between consenting adults in private in the state of Tasmania; ---Explain that Amnesty International will adopt as prisoners of conscience persons who might be imprisoned because of their homosexuality, and for engaging, as consenting adults, in homosexual acts in private; ---Urge authorities to decriminalize homosexual acts in private between consenting adults; ---Place your concern in a human rights context: stress that your concern is for the human rights of all people, and that the relevant articles of the Criminal Code are a human rights threat to gay men in Tasmania. Appeals to: Mr. Ray Groom MHA State Premier Department of Premier and Cabinet State of Tasmania Executive Buildings Franklin Square, Hobart 7000 GPO Box 1238, Hobart 7001 Tasmania AUSTRALIA The Attorney General 9th Floor Executive Building 15 Murray Street Hobart Tasmania 7000 AUSTRALIA If you receive a reply from the Australian government, please send one copy to AIMLGC, and one copy to Amnesty's International Secretariat at 1 Easton Street, London, WC1X 8DJ, U.K. Violations Against Gay Activists in Mexico In June, Amnesty International released information regarding the imprisonment of gay rights activists in Mexico who may be prisoners of conscience. The two gay activists, Gerardo Ruben Ortega Zurita, 36, and Jose Cruz Reyes Potenciano, 23, are both renowned in Mexico City for their AIDS-prevention voluntary work among male prostitutes in that city. As part of their campaign, they have both repeatedly denounced in the Mexican media the abuses allegedly suffered by gay prostitutes at the hands of the police and other authorities, including beatings and extortion. Their arrest took place three days after Gerardo Ruben Ortega Zurita was interviewed on television, where he repeated his criticism against the authorities regarding gay issues. Ortega Zurita and Reyes Potenciano were arrested on June 16 1992 in the streets of Mexico City by members of the Federal District judicial police who alleged they were detained in flagrante delicto. The two men were accused of the rape and sexual assault of a minor. They were both transferred to a police station where the police announced their arrest to the press, despite the lack, at the time, of formal charges against the defendants. Both were reportedly beaten by the police and transferred on the same day to another police station in the neighborhood of Coyoacn, where they remained incommunicado until the next day. On June 17 both were presented before a local attorney for their preliminary statements, and their charges were confirmed despite the lack of supporting evidence (a forensic examination carried out on the day of the arrest on both men, and of the alleged victim, reportedly dismissed the existence of physical evidence of rape. The same examination reportedly certified injuries of the defendants consistent with the allegations of beatings by the police). On June 18, 1992, Ortega Zurita and Reyes Potenciano were transferred to the Reclusorio Preventivo Sur , a prison in Mexico City, pending trial. On the days following their arrival, both reportedly suffered beatings and harassment from prison inmates. On March 31, 1993 they were both sentenced to 13 years and 9 months' imprisonment. Their sentence is presently under appeal before the Appeals Court of Mexico City. Amnesty International is seriously concerned about the imprisonment and ill-treatment suffered by these two activists. Information recently received by AI strongly suggests that both men were arrested and charged with offenses which were not corroborated by initial forensic evidence or the testimonies of reliable witnesses; that their arrest and imprisonment may have been motivated by both men's active and outspoken criticism against the authorities regarding gay issues in Mexico City, coupled with alleged prejudice against the defendants by the authorities in charge of the case. Amnesty International believes that Gerardo Ruben Ortega Zurita and Jose Cruz Reyes Potenciano may be prisoners of conscience. The organization is therefore calling on the Mexican authorities to carry out a full, prompt, and impartial investigation into the allegations of human rights violations suffered by both men, including their imprisonment and ill-treatment, and to bring those responsible to justice. (AI AMR 41/03/93)