Tunisia:  Silent abuses

LGBTQI++ prisoners are being abused out of the public eye.

In 2011, the Tunisian Revolution (also known as the Jasmine Revolution) instilled a new sense of hope for democracy and freedom. With the change in political regime, people began to feel more comfortable talking about gender and sexual orientation. However, LGBTQI++ people were, and are still, considered criminals under Tunisian law, and they are discriminated against and stigmatised. They risk being imprisoned for their sexual orientation or gender identity, and once in detention, they are subject to all kinds of abuse.

In 2011, a group of young activists created the Tunisian Association for Justice and Equality (DAMJ).The association works to defend the rights of LGBTQI++ people, and to provide them with psychological, legal, and social support. In 2021, DAMJ and the Danish Institute against Torture (Dignity) published a report on 28 LGBTQI++ prisoners, aged 18 to 50.

Manel Chlibi works for DAMJ and she has been actively involved in improving detention conditions for members of the LGBTQI++ community. Prison Insider asked Manel three questions.

Tunisian law also penalises any act perceived by the authorities as contrary to morality and decency.

Prison Insider. Homosexuality is punishable by law in Tunisia. Is that the only reason why there are LGBTQI++ people in prison ?

Manel Chlibi. Article 230 of the penal code criminalises all homosexual acts¹. There is greater tolerance of relationships between women than between men, even though they are still subject to arbitrary arrests. The State has a responsibility to ensure the dignity and equality of all people, under international human rights law. Therefore, this legislation constitutes a direct violation of this obligation.

The police use a number of legislative pretexts (freedom of expression, public indecency, crimes against public morality or decency, expression of political opinion, participation in protests, unreasonable noise complaints, etc…) to target LGBTQI++ persons and activists. The Tunisian law also penalises all acts that the authorities consider to be immoral and indecent.

Looking “different”, as in, not behaving or dressing according to strict gender roles puts people at risk of arbitrary detention

The identity of an LGBTQI++ person, and by extension, their place of detention, is determined by the sex listed on their identity card and their physical appearance. The police report is also a factor in these arrests.

In Article 230 of the 1913 French version of the penal code, sodomy between consenting adults is punishable by up to three years’ imprisonment. The original Arabic text, specifies the concept of “sodomy”, as used in the French text, by defining male homosexuality as “al-liouat” and female homosexuality as “al-mousahaka”. ↩

Mistreatment from other prisoners is allowed, if not ordered, by prison staff.

PI. Are LGBTQI++ people safe in prison?

MC. The rights of LGBTQI++ persons are not respected, in spite of the guarantee of personal freedoms in the 2014 Constitution. Half of the transgender people interviewed for the report have experienced physical violence at least once because of their identity in prison. They are housed together with the rest of the prison population. In the case that an NGO makes a special request, a prisoner can be sent to a different ward. LGBTQI++ persons do not have access to medical care, and in particular, transgender people do not receive regular hormone treatment. Prison staff, ward managers, and officers ignore their medical needs, and psychologists sometimes refuse to give them consultations.

LGBTQI++ people encounter violence from other prisoners, the National Guard, and prison staff, who abuse their power.

There is no special protection guaranteed in prison and juvenile centres. Body searches and anal examinations are a source of humiliation, violence, and discrimination. Mistreatment from other prisoners is allowed, if not ordered, by prison staff. Said abuses can include: physical, verbal, and sexual violence, as well as theft of clothes and food. These acts are shrouded in silence, and as a result, they are justified. Prison is a living hell: these people are not treated like human beings, but instead like sub-human creatures.

Society does not yet tolerate members of the LGBTQI++ community.

Several NGO members have denounced police harassment and abuse of activists. Law enforcement officers conducted an “illegal” raid of the DAMJ offices. The association later filed a complaint.

Read it on La Croix (in French)

damj

PI. Can you see the situation improving in the near future ?

MC. Discrimination and violence against LGBTQI++ people has reached an all-time high in the past ten years. The 2011 revolution guaranteed a few freedoms, such as freedom of expression, laws to combat violence against women, and measures for arrests and police custody. Nevertheless, LGBTQI++ people are still being harassed, attacked, and persecuted on the streets and on social media. They are often disowned by their own families, vilified by public authorities (political leaders, religious leaders…). They are blamed for society’s ills. Society does not yet tolerate members of the LGBTQI++ community.

DAMJ is currently working on an advocacy campaign to improve LGBTQI++ prisoners’ detention conditions. Its main goal is to abolish Article 230 of the penal code, as well as to ban anal examinations, and the practice of shaving transgender women’s heads.

We are specifically targeting the media, that criminalises the community and downplays the violence directed at them. Many activists were arrested during protests in January and February 2021 manifestations. DAMJ activists who were clearly showing support for the LGBTQI++ community were directly targeted by the police. We will continue to protest, and we look forward to real change. We still have hope.

Interviewed by Mélissa Logéat and Camille Laassiri

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Tunisia: Silent abuses