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Law Enforcement PracticesState agents' behavior with LGBT individuals in Lebanon is also flawed by a string of human rights violations as well as by frequent violations of Lebanese law. Police records of LGBT citizens The same security official mentions the only available annual statistics of arrests based on article 534: "68 homosexuals/sodomites were arrested in 1993, including 20 minors." Arbitrary arrests The law requires security forces to obtain warrants before making any arrests, except in cases of "flagrante delicto"; however, state agents carried out arbitrary arrests and detention targeting individuals for their perceived sexual orientation, especially when targeting night clubs and cruising areas. Corrupt state agents In one case at least, it has been reported that a gay man paid a bribe to have any mention of his sexual orientation erased from his criminal record. Extortion of gay men by security agents has also occurred, especially in cruising areas. Moreover, state agents are only lenient with an LGBT person if he or she has connections or if his or her family has a certain social status. Moral and physical torture Methods of torture reportedly included, verbal insults, beatings, blackmail by threatening suspects to prosecute them or to disclose their sexual orientation to the press or to third parties if they do not report on other gays, and humiliation by forcing suspects to take the degrading 'medical' anal examination. On the 18th of July 2001, the Justice Minister publicly confirmed that "torture in Lebanese prisons is real, and mainly occurs during preliminary investigations." The Minister also added that the Government would adopt measures to eliminate the use of torture. By January 2004, no measures had been taken. Lack of police protection As a result of this lack of protection, LGBT individuals are more prawn to be targeted by criminals who know that these vulnerable victims won't venture to the police and report a robbery without forced entry, or a mugging in a renowned gay cruising area, or rape during a date that turned ugly. If these LGBT victims do report what happened to them, they would end up being themselves prosecuted. Not only do Lebanese Law enforcement agents deny LGBT individuals any form of protection, but they even came up with new creative ways to prosecute LGBT people: they recently accused gay and lesbian clubbers of devil worship. On the 30th of March 2003, they raided the Acid Night club, known to offer a gay friendly environment, and arbitrarily arrested 10 people on devil worshiping allegations. They confiscated identification cards from almost 50 people and many individuals reported physical violence when simply asking about what was happening. Censorship State agents have banned the "gaylebanon.com" website in 2000. They have raided the premises of a major Beirut Internet service provider, detaining and harassing its personnel as well as summoning its general manager for interrogation and subsequently prosecuting him as well as a human rights activist who took up his defense, all in an attempt to extract the identities of persons who run the gay Lebanese website. Moreover, they have banned a book in Arabic on homosexuality in the Arab world in 2000. They have also continued to confiscate personal LGBT publications from their owners at the Beirut International Airport. They even scrutinize private mail entering or exiting the country, confiscating LGBT books, magazines and films. In violation of the Lebanese constitution and international treaties In the preamble of the Lebanese constitution - added in 1990 - paragraph (b) states that Lebanon "will uphold the Universal Declaration of Human Rights (UDHR). The state represents these principles in all areas without exception". As such, the state must forbid torture and degrading treatments (UDHR, article 5), protect against discrimination (UDHR, article 7), refrain from interfering into private lives and residences (UDHR, article 12), guarantee freedom of opinion, expression and information (UDHR, article 19), guarantee freedom of association (UDHR, article 20). These same rights are also guaranteed in the International Covenant on Civil and Political Rights Pact as well as the International Covenant on Economic, Social and Cultural Rights. Lebanon has ratified both covenants. Lebanon has also adhered to the Convention Against Torture. Moreover, Lebanon agreed to respect the European Convention on Human Rights, including the requirement of not prosecuting LGBT people, by signing the European Union/Lebanon Association Agreement late 2002. None of these treaties is implemented in Lebanon, neither for LGBT individuals nor for other Lebanese citizens for that matter. |
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