The signatory organizations have made the following statement, which is addressed to the authorities, human rights organizations, associations, media and public audience:
Today, the Article 230 of the Tunisian penal code is once again violating private rights, this time by condemning a young man of 22 years old.
During his arrest since September 6, 2015, the young man has been interrogated by the police about details on his private life and his sexual orientation. The police have furthermore been violating his privacy by reading personal messages on his cell phone (sms).
The young man was forced to be subjected to an anal test in order for the police to “prove his homosexuality”. This constitutes an act of torture according to the United Nations committee against torture, and the signatory associations consider it as an act of rape.
Given that Tunisia is a signatory to the Universal Declaration of Human Rights, the Covenants on Human Rights and the Convention against torture, such practices are therefore a violation of human rights and the rights guaranteed by the Tunisian constitution .
We recall in this context articles 21, 23 and 24 of the constitution:
Article 21: All citizens, male and female, have equal rights and duties, and are equal before the law without any discrimination The state guarantees freedoms and individual and collective rights to all citizens, and provides all citizens the conditions for a dignified life.
Article 23: The state protects human dignity and physical integrity, and prohibits mental and physical torture. Crimes of torture are not subject to any statute of limitations.
Article 24: The state protects the right to privacy and the inviolability of the home, and the confidentiality of correspondence, communications, and personal information. Every citizen has the right to choose their place of residence, to free movement within the country, and the right to leave the country. ”
We strongly condemn these acts and demand the immediate release of the young man in question. We also demand the repeal of Article 230 of the Tunisian Penal Code as a provision, which is unconstitutional and inconsistent with provisions of international conventions duly ratified by Tunisia.
Mawjoudin We Exist
Tunisian association for the right to difference