By DIVINE NTARYIKE and *ROBBIE COREY-BOULET-AP
DOUALA, Cameroon -- An appeals
court on Monday upheld a three-year sentence against a man found guilty of
homosexual conduct for sending a text message to another man saying: "I'm
very much in love with you."
Activists said the court's ruling
in Yaounde, the capital, marked yet another setback for gays and lesbians in
Cameroon, widely viewed as the most repressive country in Africa when it comes
to prosecuting same-sex couples.
Jean-Claude Roger Mbede, 32, had
been provisionally released on bail in July after serving a year and a half in
prison. His lawyer has 10 days now to file an appeal to the country's Supreme
Court.
Holding back tears Monday, he
said he wasn't sure whether he could withstand more jail time given the
conditions he faced there.
"I am going back to the
dismal conditions that got me critically ill before I was temporarily released
for medical reasons," he told The Associated Press by telephone. "I
am not sure I can put up with the anti-gay attacks and harassment I underwent
at the hands of fellow inmates and prison authorities on account of my
perceived and unproven sexual orientation. The justice system in this country
is just so unfair."
Mbede's provisional release
earlier this year followed pressure from rights activists over his
deteriorating health aggravated by malnutrition and repeated assaults.
Homosexuality is illegal in many
African countries, and lawmakers in Liberia, Nigeria and Uganda have recently
presented legislation that would strengthen anti-gay laws that are already on
the books.
But even in those countries,
prosecutions are rare or nonexistent, said Neela Ghoshal, a researcher in the
LGBT Rights Program at Human Rights Watch.
Cameroon's penal code calls for
sentences ranging from six months to five years for people found guilty of
"sexual relations with a person of the same sex." And last year, 14
people were prosecuted for homosexuality and 12 were convicted, according to
Justice Ministry records cited by Human Rights Watch.
"It's the country that
arrests, prosecutes and convicts more people than any other country that we
know of in Africa for consensual same-sex adult conduct," Ghoshal said.
"In most of these cases
there is little or no evidence. Usually people are convicted on the basis of
allegations or denunciations from people who have claimed to law enforcement
officials that they are gay."
She said many suspects were
tortured or otherwise treated poorly in custody until they gave confessions,
which were then used as evidence against them.
In October, two men were
convicted of homosexuality because of their "effeminate" appearance
and because they were drinking Bailey's Irish Cream, which was viewed as a
drink favored by gay men, according to a statement issued Nov. 16 by the Office
of the U.N. High Commissioner for Human Rights.
Andre Banks, executive director
of All Out, said Mbede had already been significantly harmed by the case
against him because of pervasive anti-gay stigma in Cameroon.
"Roger said he had to leave
the university where he was studying because of the attention from the case and
because of the mounting threats and fear of violence that have been very
concerning to him," Banks said. "He's worried that he won't be able
to have a normal life in Cameroon because of the amount of attention it's
brought to him."
Lawyers defending those accused
of homosexuality also have faced death threats including Mbede's attorney,
Alice Nkom.
A text message sent in October to
Yaounde-based lawyer Michel Togue, who has also defended people accused of
homosexuality, similarly threatened his children. Attached to the message were
photos of the children leaving school.
-
Corey-Boulet reported from
Abidjan, Ivory Coast
Courtesy: Huffingtonpost
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