The United Nations Human
Rights Watch is calling on the government of
Egypt to overturn the conviction of a 16-year-old
boy sentenced to three years in prison for "abuse
of his religion" in a court appeal scheduled
for Wednesday.
The
boy, one among 52 others arrested in Cairo, was sentenced
on September 18, and did not have access to legal representation
for the first two weeks of interrogation, according
to Human Rights Watch.
The teenager's
name has not been published, the group says,
due to his status as a minor. "Initial
periods are very crucial and the [international]
standards are very clear," Clarisa Bencomo,
a researcher working the case at the Children's
Rights Division, an affiliate of Human Rights Watch,
told The Earth Times. "They are to have immediate
access to legal council."
According to Bencomo,
it was that lack of council that caused the boy
to admit guilt to the crime. "This
[Homosexuality] shouldn't be a chargeable offense
under the international standards Egypt ratified," she
said. HRW believes the boy was coerced into admission
because with legal council withheld, the child
was unaware that homosexuality was a punishable
offense. "He had no idea what he was admitting
to," Bencomo insists. "He was adamant
that he had not abused his religion, but when they
asked him if he had had sex with men, he said Oyes.'
It was by this statement that the young man was
subsequently charged with debauchery."
While Egyptian
law does not criminalize homosexual acts, the
obscenity charge is being brought under
Article 9c of Law No. 10 of 1961 on the Combat
of Prostitution. This law provides a custodial
sentence of between three months and three years
for "obscene behavior." The "contempt
for religion" charge is a more serious one,
and is punishable by six months to five years in
prison.
Due to the vagueness
of the initial charge--abusing religion--and
the loopholes HRW claims the judges
used to indict the young boy are due to Egypt's
recent crackdown on "men who appear to be
gay," Bencomo said. On November 10, four men
were arrested for the same "obscene behavior" in
Giza, a suburb of Cairo. These sentences have also
been vilified by the International Gay and Lesbian
Human Rights Commission (IGLHRC).
"This new case is eerily similar to the Cairo
52 case," said Scott Long, IGLHRC's Program
Director. "Presumed homosexuals are arrested
at random under the same law on prostitution, beaten
in prison, and vilified by the media, while the
police fabricate facts that do not add up."
On Monday, HRW
sent a letter to the Prosecutor General of the
trial that denounced the sentence
was a violation of international standards. The
sentence "was based on a confession that may
have been extracted through torture and made before
the boy was granted access to his family or an
attorney," the letter that was drafted by
Bencomo and his colleague Michael Bochenek. Torture,
according to Bencomo, included whipping the soles
of the feet with a leather strap, which often leaves
the victim unable to walk for several days.
"It is becoming clearer that persecution
of homosexuals is a major human rights issue in
Egypt," Long said. "The international
community should be clear with Egypt as well in
demanding the Egyptian Government to stop these
abuses now."
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