Judge upholds use of anal probes to define sexuality

Judge upholds use of anal probes to define sexuality

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According to News24,
Mombasa – A Kenyan court on Thursday upheld the use of anal examinations to determine a suspect's sexual orientation, dismissing the argument that the procedure amounts to torture and degrading treatment.

There was no violation of rights or the law, Mombasa High Court Judge Mathew Emukule said.

"I find no violation of human dignity, right to privacy and right to freedom of the petitioners," he said.

Two men had requested  a court ruling to stop the enforcement anal examinations and HIV tests of men accused of being gay after they were subjected to the procedures.

The two were picked up by the police in a bar near Ukunda along Kenya's Indian Ocean coast in February 2015 on suspicion of engaging in gay sex, which is a criminal offences in Kenya. They still served their charge, if convicted, could face 14 years in jail.

In their petition, the men said the anal examinations and HIV and hepatitis B tests they were forced to have amounted to being subjected to torture and ill treatment.

The judge said the petitioners should have used their lawyers to seek injunction orders to avoid undergoing the   tests.
 

Reported by Xenyo Eunice and Phylippa Odoi

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