NIGERIA: TRIAL UPDATE - BAUCHI CROSS-DRESSERS

UNCLAS ABUJA 001081 SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV KDEM NI SUBJECT: NIGERIA: TRIAL UPDATE - BAUCHI CROSS-DRESSERS THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION. ¶1. (SBU) SUMMARY: On May 22, Poloffs attended a meeting of gay, lesbian, and transgender rights organizations regarding the case of 18 young men from Bauchi State arrested in August 2007 for allegedly displaying homosexual behavior. Defense attorney Ralph Monye elaborated on the case to date, as well as the frustrations he and the 18 young men have regarding the prosecutor's handling of the case in the shari'a court, and what appears to Monye and the Bauchi 18 to be unfair, homophobic treatment. Despite attempts by homosexual rights NGOs to use the case to further their human rights agenda, the accused men maintain they are not, in fact, homosexual nor are they cross-dressers. END SUMMARY. ¶2. (SBU) On May 22, Poloffs attended an Abuja meeting of gay, lesbian, and transgender rights organizations regarding the case of 18 young men from Bauchi State arrested in 2007 for allegedly cross-dressing and attending a homosexual wedding. In attendance were representatives from The Independent Project (TIP),Global Rights, Alliance Rights Nigeria, International Gay and Lesbian Human Rights Commission, House of Rainbow, the lead defense attorney Ralpha Monye, two of the Bauchi 18, and several other interested guests. The meeting was part of a two day conference concerning the case and efforts to promote homosexual rights. ¶3. (SBU) Monye expressed frustration with the prosecutor's handling of the case, the shari'a court, and his and the Bauchi 18's declining morale due to allegedly unfair, homophobic treatment. The Bauchi 18 were initially arrested by Hisbah police and charged with being "Idle Persons and Vagabonds" for allegedly cross-dressing at what police maintain was a same-sex marriage in Bauchi State. The charges were later upgraded by the shari'a court to idleness, cross-dressing, indecent or obscene behavior, and conspiracy to commit criminal acts. Under the shari'a penal code, the punishment for these offenses is 30 cane lashes, 20 lashes, 40 lashes and 6 months imprisonment, respectively. ¶4. (SBU) The trial commenced on August 21, 2007; however, it was adjourned to September on the prosecutor's request. Monye maintains when he and the Bauchi 18 were leaving the courthouse that day, a mob of several hundred people assaulted them with rocks and vandalized their cars. According to Monye, he and the Bauchi 18 hid in the judge's chambers until the police dissipated the mob by using tear gas and firing shots in the air. There have been at least 6 scheduled court dates since the August 21st incident, each adjourned or cancelled at the last minute due to various excuses from the prosecutor. The case was most recently scheduled for hearing on June 4; however, it was once again adjourned when the prosecutor and seven of the 18 defendants failed to show up. ¶5. (SBU) According to Monye, he has become unenthusiastic about the case and oftentimes considers dropping it altogether. (NOTE: Monye has taken on the case pro bono and complains he has spent significant money traveling to Bauchi -- only to have the case repeatedly adjourned.) Many of the Bauchi 18, as well, have become disheartened, and some have stopped showing up for hearings (as evidenced by the low turnout at the June 4 hearing),risking new arrest warrants. Several of the men have to travel from hours away and overnight in Bauchi for each court date - an expense which they simply cannot afford. Also, the young men are subjected to ridicule and alienation from their families and peers, so much so that some of them have had to close down their businesses due to a lack of customers because of the case. Monye said he also falls victim to continuous ridicule from his colleagues and others, many of whom assume him to be a homosexual due to his affiliation with the Bauchi ¶18. ¶6. (SBU) COMMENT. Although same-sex marriage is outlawed throughout Nigeria, the Bauchi 18 are not being charged with this offense, but rather with a range of lesser offenses which would not even be considered illegal in non-shari'a courts. Interestingly, while the NGOs want to draw publicity to the case and use it to further their own human rights agenda, the accused continue to maintain they are not homosexual, nor were they cross-dressed, and that they were attending a graduation / wedding party for one of the men's sisters. We will continue to follow this case closely. END COMMENT. SANDERS