Gay Men Sentenced to Eight Years in Prison

UNCLAS SECTION 01 OF 02 DAKAR 000059

DEPT FOR AF/W, AF/EPS, AF/RSA, DRL

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PHUM PREF PGOV SG
SUBJECT: Gay Men Sentenced to Eight Years in Prison


1. (SBU) Summary: Nine gay men - several of whom were known
anti-AIDS activists - were sentenced to eight years in prison for
criminal conspiracy and committing "unnatural acts." The sentence
is unusually harsh and has produced outrage among Senegalese human
rights NGOs and AIDS activists, as well international gay rights
organizations. The government of France has formally condemned the
convictions and sentences and called for the release of the men and
the decriminalization ofQomosexualiQ. The men's attorneys have
appealed the conviction and are working with civil society to obtain
their release. End summary.

Home of Gay Anti-AIDS Activist Raided by Police
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2. (SBU) On December 19, 2008, Senegalese police raided the
apartment of prominent homosexual and anti-AIDS activist M. Diadji
Diouf in a suburb of Dakar. Diouf heads the association AIDES
Senegal, an organization that provides HIV prevention services to
homosexual men. It is a local partner organization of the
international public health NGO Family Health International (FHI),
which is implementing a USAID-funded HIV project in Senegal. Police
arrested Diouf and his guests who were in his apartment for a
meeting to share information on AIDS prevention efforts in Senegal's
gay community. Police charged Diouf with possession of pornographic
material and paraphernalia. According to human rights activists,
the material in question was for AIDS prevention and included items
such as condoms and dildos. In addition, police also confiscated
Diouf's mobile phone, saying it contained pornographic photos. At
the time of the raid, Diouf and his friend M. Ba were arrested. The
rest of the group, who had visited Diouf's home for HIV/AIDS
counseling, were arrested later on.

Gay Men Charged with Criminal Conspiracy
--------------


3. (U) On January 6, 2009, the nine men were judged and convicted
of criminal conspiracy and engaging in "unnatural acts" and
sentenced to eight years in jail and a fine of CFA 500,000
(approximately USD 1,000) each. While the prosecutor in this case
asked for the maximum sentence for such a crime in Senegal of five
years, the judge added three years to the sentence stating that the
homosexual men were also members of a criminal group. Under Article
319 of the Senegalese penal code, homosexual acts are punishable by
imprisonment of one to five years and a fine of CFA 100,000 (USD
200) to CFA 1,500,000 (USD 3,000).

Attorneys Shocked by Severity of Sentence
--------------


4. (SBU) At the time of the arrest, only one of the accused, a
student, had an attorney (paid for by his father). After their case
received attention in the media, four attorneys, paid for by ENDA
Sante, a branch of the Dakar-based international NGO Environment and
Development Action in the Third World (ENDA-TM),took on the case.
At the start of the trial, the attorneys did not consider the
charges against their clients to be serious and were shocked by the
severity of the penalty imposed by the judge. The lawyers believe
that by entering Diouf's apartment, the police violated his right to
privacy. Moreover, they have expressed concern for what they
believe to be violations of their clients' right to a free and fair
trial and the right to freedom from discrimination. On January 12,
the attorneys filed for appeal. While their appeal is pending, they
are working closely with civil society and human rights
organizations to seek the release of the nine men, as well as to
find ways to protect gays in Senegal.

Civil Society Working Toward Release of Men
--------------


5. (SBU) On January 13, ENDA Sant organized a meeting with
Senegalese AIDS activists, international partners, and other
representatives of civil society to discuss what could be done to
bring about the release of the men. Representatives from local and
international anti-AIDS, public health and human rights NGOs,
UNAIDS, UNDP, the European Commission, as well as representatives
from the U.S., French, and Swedish embassies attended the meeting.


6. (SBU) Representatives from Enda Sant also met with officials
from the Ministries of Health, Interior, and Justice to discuss the
release of the men and also find solutions for the protection of the
Senegalese gay community. Enda Sant continues to visit the nine
men in prison and to provide them with food, and has received
assurances from prison officials that the men will be safe during
their incarceration.


Arrests Provoke International Outrage
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7. (U) The gay rights NGO International Gay and Lesbian Human
Rights Commission (IGLHRC) said it was "shocked by the ruling." On
January 14, French President Nicolas Sarkozy expressed concern over
the ruling. The French government has officially requested their
release and pleaded for the decriminalization of homosexuality in
Senegal.

Homophobia on the Rise
--------------


8. (SBU) While gay men are occasionally arrested and prosecuted,
traditionally social stigma and blackmail are the most prevalent
forms of abuse faced by homosexuals. However, anti-gay sentiment
has been on the rise across West Africa in recent years. Although
Senegal has a reputation for religious tolerance, international
human rights organizations have expressed concern recently over the
apparent rise of homophobia in the country. In February 2008, a
group of men were arrested after a magazine printed photographs of
what purported to be a gay wedding. The magazine editor received
death threats and one of the men sought and received asylum in the
United States. Representatives from the African Council of AIDS
Service Organizations (AfriCASO),told EmbOffs that while conducting
an AIDS education program recently in a Dakar suburb some people
threw rocks at them, ostensibly in protest against homosexuality.

Creeping Religious Conservatism
--------------


9. (SBU) Comment: While homophobia is reportedly on the rise
throughout West Africa, it is not clear why it is appears to be on
the rise in Senegal in particular. In spite of being more than 90
percent Muslim, Senegal does not have a history of actively
persecuting homosexuals. The particular form of Islam practiced
here has always been noted for being more tolerant than the forms of
Islam found in the Arabian peninsula and Gulf countries. However,
the country has seen religion and religious leaders take on more
prominent roles in politics since President Abdoulaye Wade was
elected in 2000. Wade broke with 40 years of tradition by
ostentatiously declaring his membership in the Mourides Muslim
brotherhood and actively courted the approval and public support of
the brotherhood's caliph-general. During the drafting of a new
constitution, he attempted to have the description of Senegal as a
secular country removed.


10. (SBU) In another recent break with the country's tradition of
tolerance, in 2008 prosecutors arrested and indicted a young woman
for obscenity for risqu dancing in a night club after a video of
the dancer and her colleagues became popular on the streets of
Dakar. These incidents coincide with a slow but perceptible
increase in the number of women wearing traditional Islamic scarves
and the small but increasing presence of Muslim fundamentalists. It
remains too early to say with any certainty, but the arrest and
sentencing of these men could be indicative of growing religious
conservatism in Senegal. End comment.
BERNICAT