World
Report: Brothers returned to Chechnya have been tortured
Salekh Magamadov and Ismail Isaev fled anti-LGBTQ crackdown
The lawyer who represents two brothers from Chechnya who Russia returned to their homeland from which they had fled says they have been tortured.
The Russian LGBT Network in a press release it sent to the Washington Blade said Alexander Nemov on Thursday met with Salekh Magamadov and Ismail Isaev in the jail in Grozny, the Chechen capital, where they are currently incarcerated.
“Previously the lawyer was being denied access to the facility under the pretense that the brothers had fallen ill with COVID-19 despite the fact that they were being held in solitary cells,” said the Russian LGBT Network. “The employees of the detention facility did not provide Mr. Nemov with any justification or legal basis for such non-admission.”
The Russian LGBT Network in its press release said Nemov “managed to talk to the detainees and they shared what had been happening to them, in other words — how they had been subjected to violence — and gave insight into possible reasons for the non-admission.”
Magamadov and Isaev said they were scheduled to appear in court on July 22.
“They were being brought there in the enclosed back compartment of a truck-like vehicle with no ventilation,” said the Russian LGBT Network. “Due to the heat Magamadov and Isaev felt sick, however, in response to their pleas to open the windows the employees of the detention facility escorting them started laughing and insulting the brothers because of their sexual orientation. Ismail then asked one of them to stop and that resulted in violent actions on the part of the escorting personnel.”
The Russian LGBT Network notes the brothers’ court appearance “was postponed with no explanation, although the defendants were brought to the court building and the lawyers were awaiting inside in the courtroom.”
“Magamadov and Isaev were never let out of the car and simply driven back to the detention facility,” says the Russian LGBT Network.
The Russian LGBT Network says Isaev was “put into a room with no cameras and rudely told how wrong he was, that he had no right to talk back to people who had authority over him” once he and his brother returned to the jail.
“After an hour of ‘conversations’ one of those who had been escorting us came into the room and started beating me — fists bumping into my face and body, and then, later, he tried to strangle me,” said Isaev in the Russian LGBT Network press release. “The deputy head of the detention facility who had been present during the entire ordeal only stopped him from strangling me — he dragged him away from me and I was brought back to my cell.”
The Russian LGBT Network says jail personnel earlier this month beat both brothers after they refused to shave their heads.
Magamadov claims jail personnel beat him on Aug. 11 after he refused to say “he cut himself because of a nervous breakdown, not because of violence he had experienced” when he refused to shave his head.
“They made me spread my legs as wide as possible and then were beating me for a long time,” Magamadov told the Russian LGBT Network. “I could not take it and told them that I would sign anything they wanted. After that they put me back in my cell.”
Isaev told the Russian LGBT Network he developed a fever after jail personnel attacked him on Aug. 12. Isaev says he “was visited by a case officer” on Wednesday “and it was demanded that he should not tell (sic) about the former events.”
“If he disobeyed, Ismail was told, his conditions would worsen and he would be put in solitary confinement,” notes the Russian LGBT Network.
The anti-LGBTQ crackdown in Chechnya, a semi-autonomous Russian republic in the North Caucasus has sparked outrage around the world.
The Russian LGBT Network says Chechen authorities in April 2020 arrested Magamadov and Isaev after they made a series of posts on Osal Nakh 95, a Telegram channel used by opponents of Chechen President Raman Kadyrov, who is a close ally of Russian President Vladimir Putin. Chechen authorities reportedly forced the brothers to make “apology videos” after they were tortured.
The Russian LGBT Network helped Magamadov and Isaev flee Chechnya in June 2020 after their release.
Police in the Russian city of Nizhny Novgorod on Feb. 4 arrested the brothers and transferred them to the custody of Chechen authorities.
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
Dominican Republic
Dominican court strikes down police, military sodomy ban
Nov. 18 ruling ‘a decisive step’ against discrimination
The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.
Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.
Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.
“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”
Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.
The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.
Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.
“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.
Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.
James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.
Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”
Brazil
Black transgender singer from Brazil wins three Latin Grammy Awards
Liniker performed at Las Vegas ceremony
A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.
Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”
She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.
“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”
Liniker in 2022 became the first openly trans woman to win a Latin Grammy.
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