CHINESE MAN IS A REFUGEE Lawyer proves gay man was persecuted From: Xtra (Toronto's Lesbian and Gay Biweekly) P.O. Box 7289, Station 'A' Toronto, ON Story by: Cindy Filipenko August 19, 1994 ------------------------------------------------------------------------------ A man has been granted refugee status in Canada because he faces persecution on the basis of his sexual orientation in his native China. The man, who does not want his name used for fear of retaliation against his family in Beijing, was granted refugee status by a Vancouver immigration and Refugee Board tribunal on July 7. Rob Hughes, lawyer for the 25-year-old refugee, says that while some 15 similar cases have been argued, this is the first victory for a Chinese citizen. The man, who has lived in Canada for nearly three years, entered the country on a student visa and had been living in Kelowna, BC before moving to Vancouver. He testified that while in Beijing he was picked up by police in a park and sexually assaulted. "There are no bars or clubs for gay men to meet in China, so they go to public cruising spots," says Hughes. "However, those areas are also known to the local police." Says Hughes: "We had no problem establishing (the) credibility of the claimant, but we had to establish that he was being persecuted." Hughes found an expert witness -- a gay Chinese lawyer who had practiced in Shanghai for seven years before moving to Canada. China's criminal code does not specifically prohibit homosexuality. It is punished under a law preventing "hooliganism." Police in China have the authority to impose sentences on citizens without going through the courts. For gay men, these arbitrary sentences can include a two-year term in a re-education camp or internment in a psychiatric hospital, according to Amnesty International's recent report, Breaking the Silence. Stays in psychiatric hospitals are indefinite. The Chinese medical community views homosexuality as an illness that can be cured with such methods as shock treatment and drug aversion therapy. The courts can impose a six-year prison sentence. The ambiguity of Chinese law and the lack of information about the persecution of gay men are not the only barriers to attaining refugee status in Canada. The inability to prove his client's homosexuality contributed to Toronto lawyer Tim Leahy losing a similar case in 1993. "Despite an affidavit from his former lover attesting to the nature of their relationship, one of the (Immigration and Refugee) board members was initially taking issue with this man to prove his sexuality," says Leahy. The claimant came out when living in Toronto. Because he had not personally experienced harassment in China, his case was rejected. Quoting Dr. Joe Baptista of Toronto: "The problem with our governments is that they have legislated away responsibility." -------------------------------------------------------------------------------- Robert Riley Telephone: (416) 588-4676 85 Dunn Avenue, Suite #2 Facsimile: (416) 588-3978 Toronto, ON M6K 2R8 Internet: rriley@gold.interlog.com --------------------------------------------------------------------------------