By
Emma Gatten
BEIRUT:
The ongoing practice of performing invasive tests to determine homosexuality on
the orders of the Lebanese judiciary is in contravention of international
standards on prisoners, Human Rights Watch deputy director for the Middle East
said during a debate on the subject Wednesday.
“It’s
a violation of medical practice for medical staff to use their expertise to
take part in interrogation of prisoners or detainees that could hurt the
person’s health or mental state,” Nadim Houry said, citing the United Nations’
standards on treatment of prisoners.
“Any
physical search of detainees should be restricted to security searches and the
doctor should receive the consent of the detainee,” he added.
The
debate, organized by non-profit research organization Legal Agenda, brought
together two doctors who practice the tests, as well as Charbel Maydaa, the
executive director of gay rights organization Helem, and Houry.
During
the debate, doctors Hussein Shahrour and Sami Kawas discussed carrying out the
tests, which are ordered by the public prosecutor in cases brought under
Article 534, which outlaws “unnatural sexual activity,” including homosexual
activity.
The
tests involve invasive examinations on the genital area, without the consent of
those who are being investigated, and usually take place in police stations,
although an ISF source said the issue was one to do solely with the judiciary.
It
is not clear how frequent the tests are administered, although Kawas said he
performed such procedures four or five times a month.
Shahrour
acknowledged that the tests continue despite the fact they cannot be considered
scientifically accurate in determining homosexuality.
“The
doctor can never be that firm in determining homosexual activities,” he said,
as the evidence from such tests cannot be considered conclusive proof.
Maydaa
rejected the idea that the procedure could be deemed a medical one, and said
police often treat those undergoing the examinations poorly.
Although
a judicial source told The Daily Star that the public prosecutor had the right
to order such tests if people are performing homosexual activity in a public
place, speakers at the event gave anecdotal evidence to suggest they were being
ordered to do so without any such reasons.
Kawas
said that in his experience police officers have been known to seek the tests
on the grounds of a person’s appearance or mannerisms.
“Some
police officers over-exaggerate such incidents,” he said.
Human
rights lawyer Nizar Saghieh cited the case of three men who were arrested after
police found them playing cards in their car which was parked near Walid
Jumblatt’s residence in Beirut.
“They
became suspicious of one of the guys who looked kind of ‘soft,’ so they sent
them to Hobeish police station [where the examinations are carried out],”
Saghieh said. “The police sent them the public prosecutor, who decided to call
the doctors.” Since doctors could not be found until the next day, the men
remained in custody overnight.
Saghieh
said that when the doctor arrived, he attempted to extract a confession from
the men, by saying they would receive a harsher punishment if the test later
“proved” them to be in contravention of the law.
Saghieh
agreed that doctors performing these cases were aware such methods were
ultimately useless.
“The doctor [relied on his
professional standing] to make the men confess, because he knows the means he
would [otherwise] use are not proper,” he said. “The doctors are only being
used to grant the police information.”
http://www.dailystar.com.lb/News/Local-News/2012/May-24/174462-homosexuality-tests-on-detainees-a-violation-hrw.ashx#axzz1vhEIdAun
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