Help bring justice to Maya and other LGBTQIA+ detainees in T
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Update – 18 March 2023: Maya has been released from prison after half of her sentence was served. However, a crackdown on LGBTQIA+ population, especially Sub-Saharan LGBTQIA+ refugees, has been taking place in Tunisia. Activists have started a petition with All Out to fight back. Sign here.
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Update – 27 February 2023: The Court of Appeal in Nabil sentenced Maya to 6 months in jail. She was sentenced under article 230 of the Tunisian penal code, criminalising same-sex relationships. Maya will appeal the decision again so we need to dial up the pressure to ensure her safety.
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On the night of December 11th-12th, the "Social Protection Unit" raided a private residence due to suspicion that it hosted a group of LGBTQIA++ individuals. This resulted in the arrest of 4 individuals, who despite the lack of any evidence against them were led to a detention centre, where they were "questioned," or more accurately intimidated, degraded, and subjected to countless violations of their rights as citizens.
Maya, a trans woman, had her head forcibly shaved, and continues to be detained with men.
On December 21st, 2022, the First Instance Court issued a maximum sentence verdict against her, sentencing her to three years in prison under Article 230 of the penal code. One other man who was also arrested with her was sentenced to one year under the same law, while the remaining two were acquitted.
What does Article 230 entail?
As per this article, private acts of homosexuality between consenting adults are punishable by up to three years in jail in Tunisia. One can be incriminated based on their appearance, their private messages, or confessions under duress.
This case sets precedent for people's homes to be raided on the basis of nothing but a suspicion, putting them at risk of imprisonment for just existing in their private spaces.
Damj the Tunisian Association for Justice and Equality provided lawyers for the detainees with the support of several other NGOs and associations, such as Mawjoudin, ASF, O3DT among others.
Their voices are not enough. Use your voice to help.
We urge the Tunisian justice system and its governing bodies to immediately release the detained individuals and ensure their security and safety, and to honor the treaties and conventions protecting human rights that they themselves signed, as well as the recommendations they so "graciously" received during the Universal Periodic Review.
Meanwhile, we call on them to allow the National Commission for the Prevention of Torture and the Tunisian Association for the Defense of Human Rights to reach out to the victims of this injustice in order to help guarantee humane conditions while they are detained.
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