He admitted having sexual relations with a man, but despite this the authorities had him sodomised against his will by getting a forensic anal probe done to test if he was gay in a local hospital (one would assume a history of constipation wouldn't be desirable in such a case). Such a thing is classified as torture by human rights organisations.
"Another statement was drawn up and my client had to undergo an anal exam against his will," Braham said. The man was then subjected to an anal probe in a nearby hospital to "verify" whether he was indeed a homosexual. Prosecutors submitted the test as evidence in the trail, and the court found the man guilty of violating article 230. He was given a one year prison sentence on September 24.
"I don't understand why I was sentenced," the accused told the AFP afterwards. "I want to get out and resume a normal life...I wonder what I'm going to do about my job and studies. I don't want to be rejected by society."
The case is currently being appealed. Guellali with Human Rights Watch says the whole affair is emblematic of "widespread arbitrary law enforcement" practices in Tunisia, and shines a light on how out of step the country's legal system is with international norms. Prosecuting people for consensual sex, Human Rights Watch says, violates Tunisia's commitments under international law. And the practice of anal-probing constitutes torture under the African Charter on Human and Peoples' Rights, the Convention Against Torture, and the International Covenant on Civil and Political Rights — all of which Tunisia has ratified. more
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