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Justice
Subverted as Seven Men Convicted on Sodomy Charges
 13
June 2006 – Cameroon- The International Gay and Lesbian Human Rights
Commission (IGLHRC) has learned that seven of the nine men who have been
on trial for homosexuality in Cameroon have been found guilty of
“sodomy” and sentenced to a 10- month jail term. Since the men have
already been detained in a Kondegui Prison in Yaoundé for more than one
year, they are expected to be released shortly for time served. One of
the men, Christian Angoula, suffered a homophobic attack by fellow
prisoners last week and had to be carried into the courtroom. Two of the
men--Ayissi Francois and Lamba Marc Lambert--were acquitted of all
charges.
“We can only begin to imagine the impact that unfair imprisonment and
now these bogus convictions has had on these men,” said Cary Alan
Johnson, IGLHRC’s Senior Coordinator for Africa. “The abuse they have
suffered is unacceptable.”
“One wonders on what basis the convictions were made as there was no
evidence presented by the prosecution of the commission of sodomy,” said
Paula Ettelbrick, IGLHRC’s executive director, explaining that
homosexuality per se is not a crime in Cameroon and conviction on sodomy
charges requires being apprehended or witnessed in the act. “These men
were railroaded and the guilty verdicts make a mockery of the
Cameroonian justice system. IGLHRC salutes the lawyers and activists who
stood by them,” she continued. “And though they may be leaving prison,
they do so under a cloud and with their lives in tatters. This verdict
does not bode well for freedom in Cameroon.”
Two other men were convicted on sodomy charges earlier this year and
sentenced to one year in prison. Four women are awaiting trial on the
same charges. The United Nations Human Rights Committee has declared
that sodomy laws are inconsistent with countries’ obligations to
non-discrimination under the International Covenant on Civil and
Political Rights. At its 39th Session in Banjul, Gambia last month, the
African Commission on Human and Peoples’ Rights also questioned the
Cameroonian government about its continued detention of the men.
The West African nation has become famous this past year for detention
of its citizens on “sodomy charges,” sanctioning the expelling of young
women from secondary schools for their stated sexual orientation, and
for “gay baiting” high level officials and public personalities with
charges of homosexuality in local papers. IGLHRC believes that in the
past year at least 30 young people, mainly girls, have been thrown out
of their academic institutions on suspicion of same-sex behavior and
identity. Two men were recently arrested in an Internet dating sting,
but then released, and four lesbian women are reportedly in police
custody.
In a communication to IGLHRC, the Minister of Justice in Cameroon, Mr.
Amadou Ali, had justified the detention of the men in Yaoundé as
ensuring “that positive African cultural values are preserved.”
According to Mr. Ali, “homosexuality is not a value accepted in the
Cameroonian society.” Section 347(bis) Ordinance No 72-16 of the 28
September 1972 penal code, makes homosexuality an offense punishable by
up to five years in prison. Public sentiment regarding gay and lesbian
identity is harsh and most same-gender loving people live lives shrouded
in secrecy and fear.
Background on the case of Yaoundé 11:
On 21 May 2005, gendarmes from the Nlongka Brigade arrested 17 men at a
nightclub believed to frequented by gays and lesbians. These arrests
were first reported by the local newspaper, Mutations, and were
confirmed by the United States Embassy in Cameroon. National television
in Cameroon and local Channel 2 broadcasted images of the young men
after their arrest. The 11 men who remained in detention were those too
poor to find a means to be released or to hire a lawyer. Many have been
abandoned by their families due to publicity related to the case.
In July 2005, IGLHRC and Behind the Mask, a South Africa-based LGBT
media outlet and human rights organization, launched a letter-writing
campaign on behalf of the detainees, but the government failed to
release the men.
In December 2005, IGLHRC delivered a letter to the Minister of Justice
of Cameroon urging him to release the 11 men detained for the last seven
months on suspicion of “sodomy” and to prevent a government-ordered
“medical examination” to determine whether the men had engaged in
homosexual conduct. Seven other human rights organizations—both American
and African—signed the letter to S.E. Monsieur Amadou Ali, entreating
the minister to prevent the medical examinations that had been ordered
by a government prosecutor.
A trial date was set for March 17, 2006. Shortly before the trial began,
two of the men were released, ostensibly due to lack of evidence.
On March 17, at the opening of the trial, the prosecution seemed ill
prepared and had no witnesses to present. Rather than dismissing the
case, the judge postponed the trial until April 21, 2006. The verdict
was announced yesterday morning in Cameroon.
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