9 Catalan entities denounce the detention and provisional imprisonment of two minors accused of homosexuality in Morocco
Fore more information, please contact:
Luca Gervasoni luca@antiga.novact.org
Two minors girls, B.H and C.S of 17 and 16 years respectively, were detained in Marrakech (Morocco) last October 28th accused of homosexuality. Since then, both are detained in Boulamharaz’s local prison. These detentions suppose a new escalation in the criminalization of the LGBTIQ community and the violations of human and minor’s rights in the country. The current Moroccan Penal Code foresees penalties of up to three years of jail for the people accused of homosexuality
The detention of both minors took place in Marrakech (Morocco) when one of the girl’s cousin took pictures of them kissing eachother on the rooftop then he shared a video with the rest of their family. One of them eventually called the police. As reported by ASWAT, a movement that struggles against discrimination based on the sexuality and gender, a relative of the 16-years-old minor, C.S, informed that she was scared and forced to sign a police record without checking it. A representative of the Moroccan Association of Human rights (the principal NGO defending Human Rights of the country) has declared that the minors do not have legal representation. This Friday 4th November a public hearing will be celebrated in the First Instance Court of Marrakech.
In relation to these facts, the signatory entities denounce that::
- The Moroccan Penal Code criminalizes the LGBTIQ community in the articles 489 and 490, penalizing the sexual relations out of marriage and establishing penalties of up to three years of prison and fines among 120 and 1.200 MAD (between 10 and 100 Euros) for people accused of “acts against nature”. The draft of the new Moroccan Penal Code, presented by the Department of Justice, maintains the criminalization against the community LGTBIQ in Morocco and increases the fines up to a maximum of 20.000 MAD (2.000 Euros).
- It exists a persecution policy against the LGTBIQ community. According to the information obtained by the signatory entities, during the last six months, a minimum of 10 detentions based on sexual orientation had been realized in Morocco. In March 2016, two homosexual young men were attacked in Beni Mellal and later persecuted by the justice for “acts against nature”. They were liberated 26 days after his detention after an international support campaing. In April 2016, two young men were detained in Guelmim and condemned to six months of imprisonment and a fine of 500 dirhams (50 Euros) for “acts against nature”. Last August, two young men were detained in Fez and they are still provisional arrested until the celebration of the judgment. In October 2016, two young homosexual men were detained in Casablanca for “acts against nature” and “public indecency”. Last Friday detention, with the aggravating circumstance that the persons detained are two underage girls, supposes an escalation in the persecution policies against LGTBIQ community.
According to this, the signatory entities ask:
- To the Moroccan State: The signatory entities ask to the Moroccan Government to release without charges the two arrested minors and to ensure their human security and the respect of their human and minor’s rights. They also ask Moroccan state to adapt its legislation, and concretely its Penal Code, with the aim to fulfil its international regulation commitments and the standards of Human rights, abrogating the articles that condemn the relations out of marriage and the homosexuality.
- To the international community: The signatory entities demands to the diplomatic representations of third countries in Morocco to reinforce their commitments with human rights defenders and to protect them from assaults and threats. We consider that the international community should insure an enabling environment for Human Rights Defenders. Regarding diplomatic representations of the European Union it is essential that they reinforce the implementation of the mechanisms contained in the ” Guidelines for Human Rights Defenders”, approved by the European Union, with a special attention for the activists who promote and protect the rights of the LGTBIQ community.
Signatory entities:
NOVACT
CASAL LAMBDA
(FAGC) Front d’Alliberament Gai de Catalunya
GAIS POSITIUS
Observatori contra l’Homofòbia
(FLG) Famílies de Gais i Lesbianes
(ACATHI) Associació Catalana a la Integració d’Homosexuals, Bisexuals i
Transsexuals Immigrants
(AMPGIL) Associació de Pares i Mares de Gais, Lesbianes, Bisexuals i
Transsexuals
PLATAFORMA d’Entitats LGTBI de Catalunya
