CAIRO: Human Rights Watch has condemned the decision taken by the Cairo Appeals court to uphold the sentencing of five men diagnosed with the HIV/AIDS virus to three-year prison terms, labeling it, “inhuman and unjust.
In a press release issued by the organization, a torrent of criticism has also been directed at the ‘months-long campaign’ launched by Egyptian authorities that target men carrying HIV/AIDS.
“To send these men to prison because of their HIV status is inhuman and unjust, said Joe Amon, director of the HIV/AIDS program at Human Rights Watch. “Police, prosecutors and doctors have already abused them and violated their most basic rights, and now fear has trumped justice in a court of law.
The decision, which came on May 28, upholds the May 7 ruling of the Court of First Instance, which handed out maximum prison terms for the crime of “habitual practice of debauchery referring to consensual sexual acts between men.
Human Rights Watch reports that even before their first trial, the prosecutor branded them a “danger to public health, telling their lawyer that they should not be allowed to “roam the streets freely.
Four other men are already serving sentences of one year for “debauchery, having been sentenced on Jan. 14, 2008. An appeals court upheld these sentences on Feb. 2.
Three other men were released without charge after testing negative for HIV.
Human Rights Watch noted that both men, whilst being held in detention, were subject to “inhumane treatment by authorities, both medical and security-related, including beatings by police.
All twelve, it states, were forced to undergo invasive anal examinations to prove they had engaged in male sexual activity. They were also subjected to HIV tests without consent.
According to Human Rights Watch, “such examinations conducted in detention constitute torture.
Human Rights Watch also reports that prisoners that tested positive for HIV were handcuffed to hospital beds for some months, eventually unchained as a result of local and international pressure.
Representatives for the Egyptian Initiative for Personal Rights (EIPR), which has been closely monitoring the case as well as representing the convicted, labeled the court decision a “travesty of justice.
“The arrests, prosecutions and convictions were based from beginning to end on fear and ignorance of the basic facts of HIV transmission, Hossam Baghat of EIPR told Daily News Egypt.
“The police, prosecution and judges think they are acting in the interests of public health, when in reality they jeopardizing all the good work that is being done to respond to the AIDS Epidemic.
Other Human Rights groups also support the stance of Human Rights watch.
“We disagree entirely with the decision to imprison these men. It is shameful that the government treats them in these way, nor is it a viable solution to deal with people carrying HIV, Gamal Eid, lawyer with the Arabic Network for Human Rights Information, told Daily News Egypt.
“The government needs to be clear in their actions, and act as a democracy would act. What they are doing, in imprisoning men on the basis of homosexuality, is against international law.
“We will make a further appeal to the Court of Cassation, Baghat continued. “But the problem with this is that the Court of Cassation is a court of law, and not a court of fact. There is also a huge backlog of cases and it could take up to five years before the men see justice.
However, the EIPR continues to call on the public prosecutor to intervene.
“We will continue to demand their release, said Baghat, “as well as making sure these are the last arrests of this kind seen in Egypt. We need to do all we can to make sure this does not turn into a full-scale crackdown.
