A Monitoring Guide
109
and discriminatory laws. When trials for homosexuality are based on
confessions, police investigators may resort to ill-treatment to obtain
“proof”. In addition to using the threat of “outing” the detainee, police
also resort to methods of torture or other ill-treatment that include
beatings with truncheons, threats of murder or rape, being forced to
sleep naked on the floor, and being filmed with mobile phones. In some
countries, there is evidence that sexual violence is systematically used
against LGBT detainees. LGBT detainees are also extremely vulnerable
to police extortion, and not being able to pay bribes may lead to prosecution under laws criminalizing homosexuality.
!
In States where homosexuality is criminalized, men suspected of samesex conduct might be subject to non-consensual anal examinations intended to obtain physical “proof” of same-sex relationships upon arrest.
Such examinations are typically performed by forensic medical experts
and the “evidence” is then used in court. In 2016, Human Rights Watch80 compiled evidence of the use of forced anal exams in at least eight countries (Cameroon, Egypt, Kenya, Lebanon, Tunisia, Turkmenistan,
Uganda, and Zambia) and documented the lasting psychological trauma
experienced by persons subjected to them.
The practice of subjecting individuals to forced anal examinations has
been denounced by the Special Rapporteur on Torture, the SPT and the
Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity as being “medically
worthless” and amounting to torture or other ill-treatment. The World
Medical Association (WMA) has adopted a resolution calling for the
prohibition of this practice81, while the conference of Criminal Justice
Sector Professionals, which includes police officers, prosecutors, judges,
and correctional officers, has called for the adoption of an official position opposing forced anal examinations as unscientific and in violation
of medical ethics and fundamental human rights82.
80
Human Rights Watch, Dignity Debased: Forced Anal Examinations in Homosexuality Prosecutions,
July 2016.
81
World Medical Association, Resolution on prohibition of forced anal examinations to substantiate
same-sex sexual activity, adopted by the 68th General Assembly, Chicago, United States, October 2017.
82
Statement of the Conference of the Criminal Justice sector Professionals, Forced Anal Exams Resolution, Amsterdam, August 2016.
Chapter IV
Forced anal examinations
Practices amounting to torture or ill-treatment
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents