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******************** amnesty international NICARAGUA Article 204: legalizing the repression of homosexuality


A March 1994 ruling by the Nicaraguan Supreme Court has upheld legislation introduced in 1992 to penalize homosexuality. Amnesty International (AI) believes the law could result in the prosecution and imprisonment of prisoners of conscience.

Following amendments to the Nicaraguan Penal Code in 1992, Article 204 of the Penal Code now 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". It also contains a provision criminalizing homosexual relations in private where one of the partners is in a position of responsibility over the other.

AI is concerned that the broad and undefined terms used to formulate Article 204 could permit the prosecution of individuals for activities such as advocating lesbian and gay rights, imparting health information concerning sexuality, or having homosexual relations in circumstances which are not criminal if they involve heterosexuals. People prosecuted or imprisoned for these activities, or solely for their homosexuality, would be considered by AI to be prisoners of conscience.

Article 204 came into force in September 1992, despite the serious concerns raised by Amnesty International, as well as other human rights groups in Nicaragua and abroad. An appeal challenging Article 204 as unconstitutional was presented to the Supreme Court in November 1992, but was rejected in March 1994. The Supreme Court's ruling, and the arguments used in it, have increased fears that Article 204 could allow for the imprisonment of people solely for their homosexuality or for freely expressing conscientiously held beliefs.

AI considers that Article 204 is in violation of international norms which guarantee the right to non-discrimination, freedom of expression and privacy. AI is monitoring closely the application of Article 204 and is calling on the Nicaraguan government to ensure that the Penal Code will never permit the prosecution of prisoners of conscience nor the violation of international human rights instruments which are binding on Nicaragua.






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