Saturday, June 25, 2016

This Is A Good One!

Kenya upholds use of anal exam to determine sexual orientation

Court in country where same-sex relations are a crime dismisses argument that exam is torture and degrading treatment
Kenyan protesters wear masks during a rally against Uganda’s laws on LGBT rights.


A Kenyan court has upheld the use of anal examinations to determine a suspect’s sexual orientation, dismissing the argument that the procedure amounts to torture and degrading treatment.
There was no violation of rights or the law, Mombasa high court judge Mathew Emukule said on Thursday. “I find no violation of human dignity, right to privacy and right to freedom of the petitioners,” he said.
Two men had sought a court ruling to stop enforced anal examinations and HIV tests of men accused of being gay after they were subjected to the procedures.
The two were arrested in a bar near Ukunda, a town along Kenya’s Indian Ocean coast, in February 2015 on suspicion of engaging in homosexual sex, a criminal offence in Kenya. They still face the charges and, if convicted, could be jailed for 14 years.
In their petition, the men said the anal examinations and HIV and hepatitis B tests they were forced to have amounted to torture and degrading treatment.
The judge said the petitioners should have used their lawyers to seek injunction orders to avoid undergoing the tests.
“I sat in court holding my chin in disbelief,” said Eric Gitari, the executive director of the Kenyan National Gay and Lesbian Human Rights Commission, which has supported the petition. He said the men would appeal.
“It’s so painful when we are trying to encourage the gay community to go to court to affirm their rights; the courts are instead affirming violation of their rights,” Gitari said.
The judgment means that someone can be arrested on a rumour that they are gay and subjected to these tests, he said. “Do we want to use the nation’s scarce resources on this?”
Amnesty International condemned the ruling. “Forcible anal examinations of men suspected of same-sex relationships is abhorrent, and violates the prohibition of torture and other ill-treatment under international law. They should not be allowed to continue,” said director for East Africa, Muthoni Wanyeki.
“It is also absurd as the government has no business proving or disproving consensual homosexual activity. It’s a violation of the right to privacy.”

Comment:
Perhaps I'm ignorant of what they mean by "anal exam".  If it's just a doctor looking at someone's butt, how is this torture?  It seems to me that a prostate exam is more uncomfortable, or at least about the same.
As for dignity, well they know the law there.  As I said a few days ago about Singapore:  Their country, their rules.  The same applies to Kenya.  If you don't like a law, you work to change it.  But until it's changed you obey that law or face the consequences.  Even Thoreau in his essay "Civil Disobedience" said you have to be prepare to accept the consequences of your actions.
That's something most people don't want to do.  They don't want to accept the consequences of what they've done.  No, they'd rather blame someone else.  It's never their fault, always someone else's.  That's pure bullshit.  You're responsible for your own actions and nobody else.

I wonder what Kenya's Native Son Barack Obama has to say about this?
Dan 88!

2 comments:

  1. Obama was probably first in line to have something shoved up his rear as i hear tell that he likes to dabble in that, and i just do not understand it myself

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    Replies
    1. I doubt all that "Obama is Gay" stuff is true. Maybe he tried it just once to see what it was like. But then again, who knows?

      Dan 88!

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