From: harelb@MATH.CORNELL.EDU (Harel Barzilai)
Newsgroups: alt.activism
Subject: Amnesty Opposes Nicaraguan Anti-Gay Law
Date: 22 Jul 92 03:47:03 GMT

...From PeaceNet's gen.gaylesbian via misc.activism.progressive...


    "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."

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Topic 200       AMNESTY OPPOSES ANTI-GAY LAW 
aimlgc  gen.gaylesbian   8:38 pm  Jul 20, 1992 
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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 
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