{"id":198,"date":"2023-06-22T20:13:18","date_gmt":"2023-06-22T18:13:18","guid":{"rendered":"https:\/\/omct-tunisie.org\/storytelling-ilamata\/time_line\/assaulted-and-prosecuted-for-her-gender-identity\/"},"modified":"2023-06-22T20:13:19","modified_gmt":"2023-06-22T18:13:19","slug":"assaulted-and-prosecuted-for-her-gender-identity","status":"publish","type":"time_line","link":"https:\/\/omct-tunisie.org\/storytelling-ilamata\/en\/time_line\/assaulted-and-prosecuted-for-her-gender-identity\/","title":{"rendered":"Assaulted and prosecuted for her gender identity"},"content":{"rendered":"\n

Maya is transgender. She was arrested on the night of December 11-12, 2022. She was in an apartment in the town of Hammamet, in the company of others, when police officers from the “brigade de l’unit\u00e9 sp\u00e9cialis\u00e9e pour la pr\u00e9vention sociale” (otherwise known as the vice police) in Tunis searched the home, without a warrant. They hoped to catch the four occupants in flagrante delicto of homosexual relations, a practice punishable under article 230 of the Tunisian Penal Code. To justify the raid, they invoked a denunciation made by an anonymous individual.<\/p>\n\n

However, no flagrante delicto of homosexuality was found, as attested by the first police report. Nevertheless, the people in the apartment were arrested and taken into custody at the Bouchoucha police station.<\/p>\n\n

Maya was beaten and humiliated during her arrest and later in police custody. She was forced to sign a confession admitting to a homosexual relationship. She was not notified of her right to a lawyer and a medical examination, in violation of article 13bis of the Tunisian code of criminal procedure.<\/p>\n\n

At the end of her police custody, Maya was brought before the prosecutor at Grombalia court. She explained that she had not been able to read the police custody report, which she had been forced to sign. At her hearing a week after her arrest, her lawyer was able to see marks on her neck.<\/p>\n\n

Maya would later explain to her lawyer that the Gorjani police officers, during interrogation, stripped her naked and sexually harassed her. Despite the allegations of violence and the denunciation of violations of procedural guarantees during police custody, the public prosecutor ordered Maya to be remanded in custody at the Mornag men’s civil prison. There, Maya had her hair forcibly shaved and was humiliated by guards.<\/p>\n\n

On December 21, Maya appeared before the correctional chamber of the Grombalia court. Despite the absence of evidence, despite a police report stating that there was no flagrante delicto, and despite Maya’s statements about signing a forced confession, the judge sentenced her to three years’ imprisonment on the basis of article 230 of the Tunisian penal code punishing sodomy, which is the maximum penalty for this offence.<\/p>\n\n

Her sentence was reduced on appeal and Maya was released. Damj and SANAD Elhaq are now \n

accompanying her in her quest for justice. In particular, the two organizations have\u00a0referred<\/span>\u00a0the case of<\/span>\u00a0Maya to several\u00a0<\/span><\/a>United\u00a0Nations special procedures.<\/span><\/a><\/p><\/p>\n\n

This case is indicative for Tunisia\u2019s policy of repression of homosexuality. Members of the LGBTIQ++ community are subject to systemic police and judicial harassment, which inhibits victims to press charges for fear of being prosecuted on the basis of article 230 of the Penal Code criminalizing homosexuality. <\/p>\n","protected":false},"excerpt":{"rendered":"

Maya, a Tunisian transgender woman, was subjected to violence and arbitrary detention on the basis of her sexual orientation and gender identity. In December 2022, Maya was arbitrarily arrested without a warrant, beaten and humiliated in police custody, then prosecuted and convicted under article 230 of the Tunisian Penal Code, which punishes homosexuality. She was again humiliated while in prison, where guards forcibly shaved her hair. At first instance, the court sentenced her to three years’ imprisonment, the maximum penalty. In partnership with Damj, SANAD Elhaq has prepared a communication to several United Nations special procedures. Her sentence was reduced on appeal and Maya is now free. DAMJ and SANAD Elhaq are supporting her in her quest for redress.<\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-198","time_line","type-time_line","status-publish","hentry"],"yoast_head":"\nAssaulted and prosecuted for her gender identity - Until when ?<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/omct-tunisie.org\/storytelling-ilamata\/en\/time_line\/assaulted-and-prosecuted-for-her-gender-identity\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Assaulted and prosecuted for her gender identity - Until when ?\" \/>\n<meta property=\"og:description\" content=\"Maya, a Tunisian transgender woman, was subjected to violence and arbitrary detention on the basis of her sexual orientation and gender identity. 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