Egypt: Update to EGY20206.E of 24 March 1995 and EGY31079.E of 21 January 1999 on the legal status and treatment of homosexuals by the government and society

Several reports indicate that homosexuals in Egypt are targets of harassment and arrest (AI 20 Dec. 2001; BBC 14 Nov. 2001; ibid.15 Aug. 2001; The Gayteway to South Africa, 22 Nov. 2001; HRW 20 Nov. 2001; The Earth Times Service 21 Nov. 2001). Amnesty International reports that

gays in Egypt suffer discrimination, persecution and violence simply for being who they are. Those who are detained because their actual or perceived sexual orientation is deemed to threaten socially accepted norms are at particular risk of torture and ill-treatment and other human rights violations (20 Dec. 2001).

Egypt does not have a law "expressly prohibiting" homosexual acts (The Gateway to South Africa 4 July 2001). However, there is "a range of laws covering obscenity and public morality, [which] are punishable by jail terms. The debauchery offense carries a maximum prison sentence of three years" (AP 18 Dec. 2001).

In May 2001, the police raided a floating night club on the Nile and arrested 52 men whom they accused of obscene or immoral behaviour (AP 18 Dec. 2001; BBC 14 Nov. 2001; ibid. 15 Aug. 2001; The Gayteway to South Africa 22 Nov. 2001; ibid., 4 July 2001; The Guardian 21 Aug. 2001; HRW 20 Nov. 2001; M2 Press, 8 June 2001). Amnesty International reports that

On 14 November 2001 23 [of the 52] men were sentenced to prison terms of between one and five years by the (Emergency) State Security Court for Misdemeanours in Cairo; 29 others in the same trial were acquitted. Twenty one men were convicted of "habitual debauchery," one of "contempt of religion" and another of both charges. ... In a related case, on 19 September 2001, Cairo Juvenile Court handed down a three-year prison term for "habitual debauchery" to a juvenile. This was subsequently reduced by the Cairo Juvenile Appeal Court for Misdemeanours to a six-month prison sentence on 19 December 2001 ...

the term "debauchery" is applied to same sex relations in the context of prostitution of men as well as consensual sexual relations between men. Little definition is provided for "debauchery" within the law itself but it is elaborated in the deliberation accompanying the written verdict. The written verdict does not confine itself to the term "debauchery" and makes numerous references to "sexual deviancy" – a pejorative word for homosexuality. "Habitual debauchery", as defined in the verdict, can amount to merely practising consensual sexual relations between men (20 Dec. 2001).

Human Rights Watch states that

the detainees were subject to forensic examinations apparently in order to determine whether they had engaged in anal intercourse. The results of these examinations were presented at hearing before the Supreme State Security Prosecution on June 6 and 7 ... in the days following the arrests, the detainees were subjected to a campaign of villification in the Egyptian media. The names of the detainees, together with details of the profession and place of work of some of them were published in several newspapers in articles that were noticeably similar in content and style ... suggesting that this information was based on leaks from official sources (20 Nov. 2001).

UPI adds that,

although 29 of the defendants were acquitted of all charges, 23 were given one to five-year sentences [of hard labour]. The final session of the trial, known as the "Cairo 52 case" or "Queen Boat case," took place in chaos [as] many of the lawyers involved in the case were barred from entering the courtroom. ... social stigma over homosexuality may mean that, even if acquitted, many of the defendants will not be able to return to their normal lives. Since the trial took place in a State Security Court, the defendants have no right of appeal. Under Egypt's 1981 Emergency Law, State Security Court rulings must be ratified by the military governor, who is the president of the Republic. Although rights activists are appealing to Egypt's Hosni Mubarak, they think he is unlikely to pardon the Queen Boat case defendants, whom have drawn little public sympathy (UPI 16 Nov. 2001).

International human rights groups including Amnesty International, Human Rights Watch, and the International Gay and Lesbian Human Rights Commission expressed serious concern over the arrest and conviction of the gay men (AI 20 Dec. 2002; BBC News 14 Nov. 2001; Earth Times News Service 21 Nov. 2001; Reuters 17 July 2001; The Gayteway to South Africa 04 July 2001; HRW 20 Nov. 4 July 2001; M2 Presswire 8 June 2001).

In Egyptian society, " homosexuality is a major social and cultural taboo" (BBC 15 Aug. 2001), and there is little public sympathy for the accused men (ibid. 15 Aug. 2001; UPI 16 Nov. 2001).

I n December 2001 "the Boulaq misdemeanor court" reportedly convicted two Egyptian university students "of offering gay sex on the internet," and sentenced them to one year in prison (AP 18 Dec. 2001).

For additional information on the treatment of homosexuals in Egypt, please consult the attached Amnesty International Report.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Amnesty International. 20 December 2001. "Egypt: Torture and Imprisonment for Actual or Perceived Sexual Orientation."

COUNTRIES\EGYPT> [Accessed: 22 Jan. 2002]

Associated Press (AP). 18 December 2001. "Two Egyptian Students Convicted of Using Internet to Offer Gay Sex." (NEXIS)

Associated Press Online. 14 November 2001. Sarah El Deeb. "Egyptian Men Sentenced for Gay Sex." (NEXIS)

BBC News [London]. 14 November 2001. "Egypt Jails Men in Gay Sex Trial." [Accessed: 17 Jan. 2002]

_____. 15 August 2001. "Anger Over Egypt Gay Trial." [Accessed: 17 Jan. 2001]

Earth Times News Service. Dyan M. Neary. 21 November 2001. "Egypt Cracks Down on Homosexuality." [Accessed: 17 Jan. 2001]

The Gayteway to South Africa [Johannesburg]. 22 November 2001. "Homosexuality on Trial in Egypt." [Accessed: 17 Jan. 2001]

_____. 4 July 2001. " Rights Groups Slam Egypt for 'Homosexuality' Case." [Accessed: 17 Jan. 2001]

The Guardian [London]. 21 August 2001. Lucy Ward. "Gays Petition FO Over Arrests at Egyptian Disco." (NEXIS)

Human Rights Watch [New York]. 20 November 2001. "Egypt: Overturn Boy's Conviction for Homosexuality." (NEXIS)

M2 Presswire. 8 June 2001. "Amnesty International Concerns Over Detention of Alleged Gays." (NEXIS)

United Press International (UPI). 16 November 2001. "Activists: Egypt Tortures Suspected Gays." (NEXIS)

Attachment

Amnesty International. 20 December 2001. "Egypt: Torture and Imprisonment for Actual or Perceived Sexual Orientation."

COUNTRIES\EGYPT> [Accessed: 22 Jan. 2002]