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- Newsgroups: misc.activism.progressive
- Path: sparky!uunet!wupost!mont!pencil.cs.missouri.edu!rich
- From: rich@pencil.cs.missouri.edu (Rich Winkel)
- Subject: AI on Nicaraguan Penal Code
- Message-ID: <1992Aug23.191346.13575@mont.cs.missouri.edu>
- Followup-To: alt.activism.d
- Originator: rich@pencil.cs.missouri.edu
- Sender: news@mont.cs.missouri.edu
- Nntp-Posting-Host: pencil.cs.missouri.edu
- Organization: PACH
- Date: Sun, 23 Aug 1992 19:13:46 GMT
- Approved: map@pencil.cs.missouri.edu
- Lines: 99
-
- /** reg.nicaragua: 111.0 **/
- ** Topic: AI on Nicaraguan Penal Code **
- ** Written 11:12 am Aug 23, 1992 by hrcoord in cdp:reg.nicaragua **
- From: Human Rights Coordinator <hrcoord>
- Subject: AI on Nicaraguan Penal Code
-
- From dbailey@cix.compulink.co.uk Sun Aug 23 05:42:51 1992
-
- Amnesty International
- International Secretariat
- 1 Easton Street
- WC1X 8DJ
- United Kingdom
-
- AMR 32/WU 04/92 EXTERNAL
-
- 14 August 1992
-
- UPDATE
- NICARAGUA: AI CONCERNED AT PROPOSED TIGHTENING OF LAWS ON
- HOMOSEXUALITY
-
- Follow-up to AMR 43/WU O2/92 and 03/92
-
- Amnesty International has recently learned that the package of
- proposed reforms to the Nicaraguan Penal Code, including an
- amendment to Article 205 concerning homosexuality, has been
- ratified by President Chamorro. Al is concerned that the
- amendment to Article 205 could lead to the prosecution and
- imprisonment of individuals for advocating homosexual rights or
- for practising homosexual acts between consenting adults in
- private.
-
- The reforms to the Penal Code were approved by the National
- Assembly on 11 June and ratified by the President on 8 July.
- However, news of the ratification was not made public, and did
- not reach sources in Nicaragua until early August. The
- legislation has not been published in the off1cial diary La
- Gaceta.
-
- Amended Article 205 (now Article 204 of the reformed Penal Code)
- provides that "anyone who induces, promotes, propagandizes or
- practices in scandalous form sexual intercourse between persons
- of the same sex commits the crime of sodomy and shall incur 1 to
- 3 years imprisonment". It also states that if one of the people
- engaging in sexual intercourse is in a position of power or
- authority over the other, even if in private, s/he will be
- punishable with 2 to 4 years in prison for unlawful seduction.
-
- In a letter to President Chamorro on 30 June, Amnesty
- International expressed its concern that the broad and undefined
- provisions of the proposed legislation could be applied in a way
- that would criminalize the expression of homosexual identity in a
- broad range of forms. Individuals detained or imprisoned solely
- on the basis of their homosexuality, including for homosexual
- acts between consenting adults in private, would be considered by
- Amnesty International to be prisoners of conscience. The
- organization would demand their unconditional release
-
- Ends
-
-
- Footnote, by Diane Bailey
-
- The secretive way in which this legislation has been handled by
- the Nicaraguan government is illustrated by the fact that,
- although the law was signed on July 8, Amnesty International
- received a fax on August 5th from the Embassy to the United
- States of the Republic of Nicaragua, dated that day, stating, in
- effect that the law had not yet been signed. The text was as
- follows:
-
-
- \\The Government of Nicaragua sympathizes with the concerns of
- the demonstrators opposing the recent initiative by the National
- Assembly to reform Article 205 of the Nicaraguan Criminal Code.
- However, the issue is more complex than it may seem at first
- glance.
-
- It is understandable that the United States and other countries
- are more open to homosexual lifestyles. But it would be unfair
- for the standards of other countries to be forced upon Nicaragua,
- a predominently Catholic country where the vast majority of its
- citizens disagree with these standards. We are merely asking that
- people demonstrating against Nicaraguan mores examine the issue
- more deeply, taking into consideration Nicaraguan culture and
- history.
-
- As of today, the Executive branch of the government has not
- ratified the reform as law. The Embassy of Nicaragua is open to
- discussion with interest groups concerned with this issue.
-
- For further information:
- Maria Teresa Nigro
- Embassy of Nicaragua
- +1 202 939 6570//
-
- ** End of text from cdp:reg.nicaragua **
-
-