Tunisia: charges dropped in an emblematic trial of the LGBTQ cause

A Tunisian Court of Appeal has ruled "

" the proceedings against a queer activist in a trial emblematic of the LGBTQ cause, an NGO and a judicial spokesperson announced on Tuesday (January 3rd).

The decision in the so-called “

” case only concerns Daniel, the nickname of the activist present at the December 19 hearing, the five other Tunisian defendants having found asylum abroad.

"A victory"

"

," welcomed the Tunisian Association for Justice and Equality (Damj) in a message to AFP.

The charges were dropped due to a procedural defect "

Daniel's computer" without judicial authorization, the spokesman for the Kairouan Court of Appeal told AFP. ), Riadh Ben Halima.

About thirty activists of the LGBTQ cause had gathered on the day of the appeal trial before the Kairouan court, at the call of Damj and the Tunisian League for Human Rights (LTDH).

They had called for "

", in reference to article 230 of the penal code which punishes homosexual acts with a sentence of up to three years in prison.

Read alsoTunisia: cassation proceedings to repeal the law on homosexuality

The case dates back to 2015 when six students were arrested on charges of "

", before being sentenced to three years in prison and banned from the Kairouan region for another three years.

The following year, their sentence was reduced on appeal to 40 days in detention, but in 2018 the Court of Cassation reversed this verdict and again referred the case to appeal.

On December 19, Daniel told AFP that the hearing had "

".

Article 230 dates back to 1913, under French colonization, but was retained in the legislation after independence in 1956. This law also provides for an anal test, carried out by forensic doctors, denounced as "

" by several NGOs calling for its abolition.

“

”, according to Damj, the prosecution requested on December 19 that the results of the anal tests be excluded from the prosecution file.

Since the 2011 revolution, LGBT+ activists have emerged from the shadows in Tunisia, but their condition remains precarious, due to this repressive legislation and still violent social rejection.