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I know the Senegalese justice system from the inside. You have to understand that we are a country with a particularly tolerant form of Islam. While incarcerated, the nine were held in special quarters because of threats from other inmates. And that is why we must avoid, we must avoid the development of fundamentalism. I would ask you to understand the social realities of our country. Translated in English, Article states the following:
The women were held in detention and released on bail several days later but were never formally charged with a crime. Senegal people are not prosecuted for their sexual orientation. We are all struggling for the independence of our judges, for the independence of our justice system. Over those years there have been three cases where homosexuals were brought before the courts. No one was shocked when the president authorized the man to adopt the woman's name. You have to understand that we are a country with a particularly tolerant form of Islam. Without prejudice to the more serious penalties provided for in the preceding paragraphs or by articles and of this Code, whoever will have committed an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years and by a fine of , to 1,, francs. For many years now, we have seen homosexuality in our country and that has never led to situations where homosexuals are harassed, persecuted, or prosecuted. In January two women were arrested following the circulation of a cell phone video that showed them kissing. Senegalese law does not specifically make LGBT persons ineligible to adopt. While the cases cited in the report were from and earlier, non-governmental organization observers speculated that the drop in cases reported during the year was due to several factors. Translated in English, Article states the following: Department of State 's Human Rights Report found that, In the recent past[,] gays, lesbians, bisexual, and transgender LGBT persons often faced criminal prosecution and widespread discrimination, social intolerance, and acts of violence. The incident was widely covered in local print and online media. The prosecutions referred to occurred only when the homosexual relations took place in public and were of an obtrusive nature, therefore placing them in conflict with morality and religion. Sexual orientation in Senegal is a purely private matter. This has already been tried in the first instance, and an appeal has been made against that judgment, and the justice system is now dealing with this case independently on appeal. Finally, successful legal challenges to the law used to prosecute gays and lesbians for consensual sexual activity may have helped curtail its use by prosecutors. Laws regarding same-sex sexual activity[ edit ] Same-sex sexual activity is illegal in Senegal. It is a private matter, nothing more. I know the Senegalese justice system from the inside. Article talks about acts contrary to nature. That is why I ask you to bear in mind our society, our sociological realities. First, violence against gay men and lesbians might have caused many LGBT persons in the country to go underground. In response to the statements relating to prosecutions of persons because of their sexual orientation, the head of the delegation said that homosexuality is a purely private matter, with a long history in Senegal, and is not in itself a cause for prosecution. And that is what the courts did in the case of the trials of these homosexuals. This is a perfectly complicated issue for us where there are some problems but we are aware of them.
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