July/August 1993 International Gay and Lesbian Human Rights Commission Action Alert Emergency Response Network IGLHRC is the Action Secretariat of the International Lesbian and Gay Association (ILGA) NEW: MEXICAN PRISONERS OF CONSCIENCE In June of 1992, Gerardo Ortega Zurita and Jose Reyes, respectively the president and secretary of the Cuilotzin Health Association, were arrested and later sentenced to over thirteen years in prison for allegedly raping a 14-year old boy. According to Zurita and Reyes, the boy was simply giving them directions when the police patrol pulled up. The police recognized Zurita and Reyes, who had appeared on television denouncing injustices committed by authorities against sex workers, apprehended them and brought them back to the station. According to the accused, they were submitted to a medical examination which proved that none of the three, including the boy, had had sexual relations in recent hours. However, at this point the boy was coerced through threats and abuse from police and his father to declare that he had been forcibly raped. In the words of the accused, the rape "was supposed to have taken place in a parked car on a well-lit street in front of a busy park in no more than eight minutes." Zurita and Reyes were summarily convicted and sentenced in a process which they report was "rapid and irregular." They allege that the original medical exams were replaced by fabricated evidence which matched the boy's coerced testimony, and this was the only evidence accepted by the court to prove the accusations against them. Colectivo Sol, a gay and lesbian human rights organization in Mexico City, has initiated a campaign to seek justice for Zurita and Reyes since the two men are unable to afford legal representation and are currently serving their sentences. Add your voice to those calling for an immediate investigation into the alleged police and judicial abuses. Write to the officials below and demand that a full and unbiased inquiry be carried out, ending in the release of Zurita and Reyes should they be proven innocent. Urge the government to start a campaign to instruct law enforcement and judicial officials to uphold the rights of all Mexican citizens, especially sexual minorities. Write to: 1. Secretario de Gobernacion de Mexico, Patrocinio Gonzalez Garrido, Abrhaham Gonzalez #48, Col. Juarez, 06600 Mexico, D.F. MEXICO 2. Predidente del Tribunal Superior de Justicia del Distrito Federal Saturnino Aguero., Av. Ninos Heroes #132, Col. Doctores, 06720 Mexico, D.F. MEXICO 3. Presidente de la Comision Nacional de Derechcos Humanos, Jorge Madrazo, Periferico Sur #3469, Col. San Jeronimo, Lidice, 10200, Mexico, D.F. MEXICO NEW: JAPAN'S HIV/AIDS TRAVEL EXCLUSION POLICY OCCUR, the Association for the Lesbian and Gay Movement of Japanl, reports that the Japanese government has a policy that restricts the entrance of people with HIV or AIDS into the country. Although the many exceptions to the law make it almost impossible for anyone to be denied entrance, the policy does stipulate that the entry officer has the power to judge whether the individual "will be engaged in behavior which has the possibility of infecting a number of people," and to make a decision based solely on that judgemetn. The policy can thus be selectively and arbitrarily enforced. Write to the Japanese Prime Minister and the Ministers of Welfare, Justice, and Foreign Affairs to tell them that travel restrictions based on HIV status are opposed by the World Health Organization. public health officials, civil rights organizations, and AIDS activists. Such restrictions not only impinge on the freedom of movement of people with HIV, but also promote bad public health policy by driving people underground and sending the erroneous message that the general population is safe from HIV. Remind the officials that although they have pledged to de facto lift the restrictions for the 1994 International AIDS Conference in Yokohama, the fact that the law remains on the books will not be ignored by the international community. Write to: 1. Prime Minister, Office of the Prime Minister, 1-6 Nagata-Cho, Chiyodo-Ku, Tokyo, JAPAN 2. Minister of Justice Takashi Tawara, Ministry of Justice, 1-1-1 Kasumigaseki, Chiyodo-Ku, Tokyo 100, JAPAN 3. Minister of Foreign Affairs Michio Watanabe, 2-2 Kasumigaseki, Chiyodo-Ku, Tokyo, JAPAN 4. Minister for Health and Welfare Tokuo Yamashita, 1-2-2 Kasumigaseki, Chiyodo-Ku, Tokyo 100, JAPAN NEW: PROTEST ANTI-GAY LAW IN MOLDOVA HOPE, the lesbian and gay organization of Moldova, has started a campaign for the repeal of Article 106 of the Moldovan Penal Code, which criminalizes homosexuality. Similar laws have already been repealed in Russia, Ukraine, Estonia, Latvia, and Lithuania (see updates section to follow). HOPE has already published an open letter to the Moldovan President and Chairman of Parliament, asking for a repeal fo Article 106, in the Moldovan magazine "Fortuna." Please write to the President and the Chairman, urging them to follow the examples of the Baltic countries, repeal Article 106, and bring Moldova into line with internationally accepted standards of human rights. Write to: 1. President Mirce Snegur, Parliament House, Str. Stefan Cel Mare, Kishinev, Moldova. 2. Mr. Petr Lucinski, Chairman, Parliament House, Str. Stefan Cel Mare, Kishines, Moldova NEW: ROMANIA'S MEMBERSHIP APPLICATION TO COUNCIL OF EUROPE In April 1993, three special rapporteurs of the Council of Europe (CoE) issued reports on the human rights situation in Romania, with two of the rapporteurs explicitly mentioning the existence and application of Article 200 of the Romanian penal code (anti-sodomy law for both men and women). The CoE is scheduled to review the membership application of Romania in September 1993 and an international mobilization is urgently needed to ensure that the prosecution of homosexuals for consensual relations in Romania does not get overlooked. Members of the CoE must uphold the principles of the European Convention on Human Rights. The European Court of Human Rights, charged with overseeing member states compliance with the convention, has ruled three times against member states' anti-sodomy laws (Dudgeon v. United Kingdom, 1982; Norris v. Ireland, 1988; and Modinos v. Cyprus, 1993). Please write the President of the Assembly for the Council of Europe with the following message: Basic standards of human rights are applicable to all members of society, and should not be violated based on one's sexual orientation. The admission of a country that criminalizes consensual homosexual relations into the Council of Europe would be in direct conflict with human rights standards supported by the CoE. The European Court has ruled three times against member states' anti-sodomy laws. It is clear that one requirement for CoE membership should be the absence of laws criminalizing consensual homosexual relations, and Romania does not meet this criterion. Romania should be required to abolish Article 200 of its penal code prior to membership in the Council. Write to: Mr. Miguel Angel Martinez, President of the Assembly, Council of Europe, Parliamentary Assembly, B.P. 431 R6, F-67006 Strasbourg Cedex, FRANCE, Fax: +38-88-41-27-81 UPDATES IRELAND DECRIMINALIZES SAME-SEX RELATIONS (Jan. 1993 Action) On the 24th of June, 1993, after a long struggle by Ireland's Gay and Lesbian Equality Network in which ILGA and IGLHRC took an active part, the Dail (Irish Parliament) decriminalized homosexuality. The legislation, introduced by Minister of Justice Maire Geoghegan-Quinn, legalized sex between men and introduced an age of consent for gay men which is consistent with that for heterosexuals (17 years old). There is no clause excluding members of the Irish Army. This is a huge step towards full equality for all Irish lesbian and gay citizens. Irish gay and lesbian activists ask that you write Minister Geoghegan-Quinn, "congratulating her on setting an international precedent of the greatest significance." Write to: Maire Geoghegan-Quinn, T.D., Minister of Justice, Department of Justice, Stephens Green, Dublin 2, Ireland. HARASSMENT ENDS IN COSTA RICA (March/April 1992 Action) Colectivo Gay Universatario (CGU) reports that the harassment of gays and lesbians at nightclubs by police has ended for the time being. They do report, however, that the "regular" harassment of gays in parks and other public places by police continues. The letter writing campaign, according to the CGU, was effective and played a role in ending the situation by making it highly visible. A letter from the Office of the Defender of Minority Human Rights, a branch of the Costa Rican Ministry of Justice, states that the Office has initiated a "project to eradicate...these police actions [which] have no part in the peaceful and democratic traditions of our country." The Office has started to meet with various gay and lesbian groups with the aim of creating an ongoing dialogue. The action is closed at this time, but will be monitored for new developments. NICARAGUA: STILL NO DECISION ON ANTI-SODOMY LAW (July 1992 Action) One year later, the battle against the new anti-sodomy law in Nicaragua has still not been decided. As updated in the March/April action alerts, the Nicaraguan Supreme Court has not issued a ruling on the constitutionality of Article 204 even though the court should have made a decision within 45 days of the filing of the challenge (filed November 9, 1992). The Campaign for Sexuality without Prejudices, the coalition of groups that filed the challenge with the Supreme Court, reports that it has reactivated its grassroots campaign and is currently pressuring the Supreme Court to make a ruling. If you have not already written, please do so now to ensure that this issue remains highly visible and will not be swept under the carpet. Demand a decision on the challenge, emphasizing Article 204's blatant violation of provisions of the Inter-American Convention for the right to privacy and freedoms of assembly, expression, and the press. Write to: Corte Suprema de Justicia, Plaza Espana, Managua NICARAGUA Please copy your letter to each of the following Supreme Court Justices (salutation should be "Honorable Justice"...): Dr. Orlando Trejos Somarriba, Dr. Adrian Valdivia, Dr. Santiago Rivas Haslam, Dr. Enrique Villagra, Dr. Rodrigo Reyes Portocarrero, Dr. Alba Luz Ramos, Dr. Rafael Chamorro Mora, Dr. Orlando Corrales, Dr. Ramon Romero VICTORY OVER CYPRUS' ANTI-SODOMY LAW (June 1992 Action) On April 22, the Eurpean Court of Human Rights ruled in the landmark case Modinos v. Cyprus that Cyprus' anti-sodomy law violates an individual's right to privacy as guaranteed under Article 8 of the European Convention on Human Rights. This 8-1 decision, which marks the third instance in which the European Court has ruled against a member state's laws criminalizing homosexuality, obliges Cyprus to amend the sections of its criminal code (Sections 171 and 173) which presently criminalize homosexual relations. The Liberation Movement of Homosexuals in Cyprus, led by Alecos Modinos, is currently dialoguing with the Cypriot government regarding compliance with the ruling. The government's actions will be monitored at this point and further action may be necessary in the future. RUSSIA'S ANTI-SODOMY LAW REPEALED (June 1992 Action) April 29th, 1993 marked the signing of a decree repealing Russia's law which banned consensual sex between men. The decree, signed by President Boris Yeltsin and published a month later, included a variety of unrelated changes in the laws of the Russian Federation. According to Lev Ivanov, one of the lawyers on the Parliament Legislation Committee that dealt with the legal changes, the publication of the new law means that gay men still in prison under Article 121.1 should be released immediately. Due to the chaotic prison system in Russia, it isn't clear that the government will know who or where these hundreds, perhaps thousands of prisoners are. A team of researchers made up of Russian gay and lesbian activists and two IGLHRC representatives has been organized to interview prisoners, document their sentences, and seek their immediate release. VICTORY OVER HIV DISCRIMINATION IN BELGIUM (Oct./Nov. 1992 Action) The Raad van State [State Council], Belgium's supreme judicial body, rejected a proposal by the Minister of the Interior to make HIV-seropositivity a reason for excluding applicants from the Rijkswacht, the Belgian federal police force. The decision follows loud protests last summer by human rights groups, AIDS organizations and lesbian and gay activists worldwide, condemning it as discriminatory and insulting. The Minister of the Interior, Louis Tobback, originally announced the new regulation in July 1992, following a proposal from the General Staff of the Rijkswacht regarding the selection of candidates for the force. Mr. Tobback defended this policy on economic and medical grounds, stating that it would be useless to invest in expensive training for people who "after a few years may not be able to fulfill their duties." The Raad van State's decision is significant, as Mr. Tobback had stated last summer that only a negative ruling from that body would make him change his mind. GUANTANAMO BAY: HIV+ HAITIAN REFUGEES BROUGHT TO THE U.S. (December 1992 Action) On the morning of June 8, 1993, Judge Sterling Johnson of the Federal District Court in Brooklyn, NY ordered the U.S. government to close the internment camp on Guantanamo Bay, Cuba, where HIV+ Haitian refugees and their dependent family members have been imprisoned for over 18 months. Sterling's court order requires that all the refugees be released from the camp immediately and brought into the United States to pursue their credible claims of asylum. On Monday, June 21, 1993, the last 14 Haitian refugees were flown into the U.S. adn the internment camp effectively closed. LITHUANIA DECRIMINALIZES HOMOSEXUALITY (Feb. 1992 Action) On June 11, 1993 the Lithuanian Parliament repealed Paragraph 1 of Article 122 of the Criminal Code, which outlawed consensual sex between adult men. Still in effect however is Paragraph 2, which criminalizes sex between men involving violence, a state of helplessness, or dependence of one of the individuals, as well as male homosexual sex with a minor. While these should obviously remain criminal activities, they should be applied under the same criminal codes as heterosexuals. Additionally, there are allegations that through coerced testimony, fabricated evidence, or entrapment, gay men have been punished under Paragraph 2 to lengthen their sentences. Write or fax letters to the officials below, warmly congratulating them on their furthering of human rights in Lithuania, in particular for gay and lesbian people, and urge that all prisoners still incarcerated under Article 122, Paragraph 1 be released immediately. Demand that any abuses of Paragraph 2 be investigated and stopped without furter delay. Write to: 1. Prime Minister Gediminas Bagorius, Office of the Prime Minister, Tumo-Vaivganto 2, Vilnius 232039, Lithuania, FAX +370 2 619953 2. Vytautas Pakalniskas, Minister of Justice, Lentjuviu 24, Vilnius 232755, Lithuania, FAX +370 2 353725 3. Algida Saudargas, Minister of Foreign Affairs, Tumo-Vaivganto 2, Vilnius 232034, Lithuania, FAX +370 2 620752 4. (For U.S>. ERN Participants) Ambassador Stasys Lozoraitis, Jr., Embassy of Lithuania, 2622 16th St. NW, Washington DC 20009; FAX 202-328-0466 ****** "Always be smarter than the people who hire you." Lena Horne, 1985 -----email sig of Jessea NR Greenman, crsdept@nature.berkeley.edu