|Courts & Tribunals
On 12 February 2019, it was reported that a 22-year old man identified only as Anas reported his being raped and assaulted by two thieves to the police in Sfax on 2 January. Following initial questioning he was subjected to a controversial enforced anal examination, the results of which was negative, charged with homosexual conduct and remanded in custody until his trial. On 11 February 2019, the men accused of attacking Anas reportedly received sentences of six months for homosexuality, with a further two months for physical assault and theft [R2.9].
On 24 June 2017, it was reported that the juvenile court judge in Sousse convicted a 16-year-old teenager of violating Article 230 of the Criminal Code sentencing hime, in absentia, to four months of imprisonment, for homosexuality. As a minor, the sentence will be served at the reform school in Sidi El-Hani [R2.8].
On 03 March 2016, the Appeals Court in Sousse reduced the sentence imposed on six students for homosexual activity from three years in jail to one month and ordered them to pay a fine of 400 dinars (180 euros, $195) each but lifted a previous five-year ban on entering the central city of Kairouan. Four of the defendants are expected to appeal to the Court of Cassation [R2.7].
On 07 January 2015, the appeal court in the coastal city of Sousse was reported to have released six students aged between 19 and 23 on bail pending a new hearing on 25 February. On 10 December 2015, the men were sentenced to three years imprisonment and banned from Kairouan for five years for homosexuality. Each man had to pay bail money of 500 dinars (€ 230, $249) [R2.6].
On 17 December 2015, an appeals court reportedly reduced the sentence imposed on the student known as Marwen for homosexual activity from one year to two months and ordered to pay a fine of 300 dinars ($140). Marwen will remain free because the revised sentence is equivalent to time he had already served. His lawyer Fadoua Braham said the ruling was ‘unjust and unacceptable’ and would be appealed [R2.5].
On 10 December 2015, the Court of First Instance in the city of Kairouan reportedly sentenced six Tunisian men under Article 230 of the Tunisian Penal Code which criminalizes ‘sodomy and lesbianism’, and carries a maximum prison term of three years. One of the men was additionally sentenced to six months in prison for ‘indecency’ after police found a pornographic video on his computer. The court is believed to have received evidence of involuntary anal examination [R2.4].
On 5 November 2015, 22-year old student Marwan was released on appeal on bail of 500 dinars (230 euros). His phone number was found on the body of a murder victim he confessed to having had sex with. Cleared of suspicion of murder, he was sentenced to a year in jail for gay sex [R2.3].
On 22 September 2015, it was reported that a court had sentenced a 22-year-old student to a year behind bars on charges of homosexuality after his having admitted to having had sexual relations with the victim of a murder. The student’s telephone number was found on the murder victim [R2.2].
On 04 February 2015, a 50-year-old Swedish man was convicted of taking part in homosexual acts and sentenced to two years in prison. In Tunisia, sexual intercourse between people of the same sex can be punishable by three years in prison [R2.1].