2023-08-30 13:14:00
© Amnesty International
Uganda’s Directorate of Public Prosecutions (DPP) must urgently drop charges of “aggravated homosexuality” filed on 18 August 2023 against a 20-year-old man, who is the second Ugandan person to be charged with this crime contemplated in the invasive Law against Homosexuality andpunished with death. This was stated today by Amnesty International.
“The fact that the Ugandan authorities are prosecuting people for their real or perceived sexual orientation or gender identity is very alarming. Discrimination and persecution of lesbian, gay, bisexual, transgender and intersex (LGTBI) people in this country must end,” said Tigere Chagutah, Amnesty International’s Regional Director for Eastern and Southern Africa.
Lawyers for the defendants told Amnesty International that Ugandan police officers arrested the 20-year-old along with another person, along with another person, 41, at the Soroti sports stadium in the eastern Soroti town of the same name. Uganda on August 15, 2023. The two men were arrested around midnight and taken to Soroti Police Headquarters for allegedly having homosexual sex, a claim denied by the defendant. The lawyers pointed out that the police officers told them that they had surprised the two half-naked men.
“Charging this person with a capital offense based solely on his alleged sexual orientation is a flagrant violation of international law.”
“Uganda must not only repeal the Anti-Gay Act, but also ensure accountability for the ongoing human rights violations committed against the country’s LGBTI population,” added Tigere Chagutah.
Police released the 41-year-old man on the same day as his arrest, telling lawyers that he was incapable of consenting to sexual intercourse because of his “mental state” and was therefore the victim of the situation, which constituted the “aggravating factor” of the alleged crime. However, according to a spokesperson for the Directorate of the Public Ministry, “the victim was a 41-year-old man with a disability.” The lawyers pointed out that the police had not provided any evidence to corroborate this claim.
The 20-year-old man was in police custody until August 18. He was subsequently taken to the Soroti Chief Magistrates Court, and then detained in Soroti’s main prison until 1 September, when the case will be mentioned in the same court. The defendant’s lawyers also told Amnesty International that the police had carried out anal examinations on the alleged victim on 16 August.
“Amnesty International is strongly opposed to any form of anal examination to determine whether someone has engaged in same-sex sexual relations. These tests violate the prohibition against torture and other ill-treatment established by international law.”
General information
The Law against Homosexuality, enacted in May 2023, introduced “aggravated homosexuality”, defined as sexual intercourse with a person over the age of 75 or under the age of 18, who does not consent, is incapable of consenting, or has a disability or mental illness. The maximum penalty for the crime of “aggravated homosexuality” is the death penalty.
Amnesty International opposes the death penalty in all cases without exception, regardless of who is accused, the nature or circumstances of the crime, their guilt or innocence and the method of execution.
According to the Ugandan NGO Human Rights Awareness and Advocacy Forum (HRAPF), at least five people have been charged with offenses under the LGBTI law since it was passed.
There have also been reports of a wave of violence and other human rights violations committed against LGBTI people in Uganda.
In addition, this NGO registered in June and July 2023 a total of 149 cases of violence against this population, including evictions from houses, towns and rental homes, and acts of actual or threatened violence.
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