Government Should Abandon Abusive ‘Homosexuality Test’
A Kenyan Court has ruled that forced anal examinations and forced HIV and Hepatitis B tests of men suspected of homosexual conduct are constitutional, the National Gay and Lesbian Human Rights Commission (NGLHRC) and Human Rights Watch said today. The deeply disappointing ruling would allow the government to continue these abusive practices and to use the test results as “evidence” in criminal prosecutions for consensual same-sex conduct.
The ruling, by the Mombasa High Court, is a blow to petitioners who rightly argued that the forced anal examinations they were forced to endure are a form of cruel, inhuman, and degrading treatment that can often amount to torture. The case was brought by two men who were subjected to forced anal exams, HIV tests, and Hepatitis B tests at Mombasa’s Madaraka Hospital in February 2015.