From: rich@pencil.cs.missouri.edu (Rich Winkel)
Subject: Nicaragua: AI concerned at anti-gay law
Followup-To: alt.activism.d
Originator: rich@pencil.cs.missouri.edu
Organization: PACH
Date: Wed, 22 Jul 1992 03:44:47 GMT

/** reg.nicaragua: 102.0 **/
** Topic: NICARAGUA: ANTI-GAY LAW **
** Written  7:19 am  Jul 21, 1992 by hrcoord in cdp:reg.nicaragua **
From: Human Rights Coordinator <hrcoord>
Subject: NICARAGUA: ANTI-GAY LAW

/* Written  8:32 pm  Jul 20, 1992 by aimlgc in cdp:ai.general */
AMNESTY INTERNATIONAL USA
NEWS RELEASE

For Immediate Release, Friday, July 10, 1992 Contact: Lynn Nottage
(212) 633-4208

NICARAGUA: AI CONCERNED AT PROPOSED TIGHTENING OF LAWS ON
HOMOSEXUALITY

        Amnesty International has written to the government of
        Nicaragua to express its concern at proposed reforms to
        the Penal Code which AI fears could allow for the
        imprisonment of people for advocating homosexual rights or
        for homosexual acts in private with a consenting adult of
        the same sex.  On June 11, 1992 the Nicaraguan Assembly
        approved an amendment to Article 205 of the Penal Code
        which provides that "anyone who induces, promotes,
        propagandizes or practices in scandalous form sexual
        intercourse between persons of the same sex commits the
        crime of sodomy and shall incur 1 to 3 years
        imprisonment".  The approved amendment is awaiting
        ratification by the President, who has the power of veto.
        In a letter to President Violeta Barrios de Chamorro,
        Amnesty International stated its concern that, by
        extending the crime of "sodomy", as currently defined in
        Article 205, to cover the "promotion" of homosexual acts,
        the proposed amendment appeared to open the way to the
        prosecution and imprisonment of individuals for exercising
        their right to freedom of expression, for example by
        advocating homosexual rights or making available sex and
        health education information.  If imprisoned for this
        reason, such individuals would be considered by Amnesty
        International to be prisoners of conscience.  If ratified,
        the amendment to Article 205 could also allow for the
        imprisonment of individuals for consensual homosexual sex
        in private between adults.  Article 205 of the current
        penal code, which criminalizes acts of "sodomy which
        outrage public morals", includes provisions apparently
        aimed at outlawing sexual acts which are public, coercive,
        or involve minors.  The amendment approved by the Assembly
        replaces these provisions with an even broader and more
        undefined provision criminalizing homosexual sexual acts
        practiced "in scandalous form." Amnesty International is
        concerned that the amendment apparently offers no
        guarantee that Article 205 will not be applied to
        individuals engaging in freely consensual homosexual
        relations between adults and in private; if imprisoned for
        these reasons, Amnesty International would demand an
        unconditional release of such persons as prisoners of
        conscience.  Although the stated motivation for reforming
        certain articles of the penal code was to combat the
        perceived increase in sexual offences, the amendment
        extending the application of Article 205 appear intended
        to criminalize the expression of homosexual identity in a
        broad range of forms, in a way that could lead to the
        violation of fundamental human rights.  Amnesty
        International urged the President to clarify the intended
        scope and application of the proposed penal code amendment
        awaiting ratification, and to ensure that the Nicaraguan
        penal code will never permit the imprisonment of people
        for non-violent advocacy of homosexual rights or for
        consensual and private homosexual acts between adults.
        Amnesty International has for many years opposed the
        violation of human rights of homosexuals through its work
        to strop torture, the death penalty and extrajudicial
        execution, and by calling for the release as prisoners of
        conscience of people detained because of their advocacy of
        homosexual rights.  Amnesty International has recently
        expanded its mandate to include, as prisoners of
        conscience, individuals who have been imprisoned solely
        because of their practice of consensual homosexual acts
        between adults in private.

END

** End of text from cdp:reg.nicaragua **