Equal Protection

Man In Turkmenistan Is Missing After Revealing Sexual Orientation

By: Melissa Berouty

Journal of Global Rights and Organizations, Associate Articles Editor

ASHGABAT, Turkmenistan — According to Freedom House’s index of basic freedoms, Turkmenistan is rated below North Korea and only above Syria. Under Turkmen law, the government has the authority to regulate behavior in an attempt to “construct the model Turkmen citizen.” Turkmen authorities exercise its control by brutally punishing any form of religious or political expression that does not align with the Turkmen government. Additionally, the Turkmen government limits the nature of print and electronic media available to its citizens.

The Turkmen government has a long history of enforced disappearances, where individuals’ whereabouts or fates serving long sentences in Turkmenistan are unknown. For more than ten years, the Turkmen government has prohibited loved ones, lawyers, and the outside world access to the imprisoned. Prove They Are Alive, a campaign committed to ending enforced disappearances in Turkmenistan, has reported at least 121 cases of enforced disappearances. Of these 121 cases, many are suspected to be detained in the Ovadanepe prison, which has a reputation for extreme conditions.

On October 24, 2019, it was reported that Kasymberdy Garayev was feared to be missing after allegedly revealing his sexual orientation, under a pseudonym, on Radio Free Europe/Radio Liberty. In Turkmenistan, homosexual conduct is a criminal act that can result in up to a two-year prison sentence. Today, approximately sixty-eight countries have laws that criminalize homosexual conduct between consenting adults. According to Human Rights Watch, sentencing in these sixty-eight countries “range from fines to life imprisonment and even the death penalty.” Rachel Denber, the deputy Europe and Central Asia director at Human Rights Watch, expressed her extreme concern for Garayev stating that “given Turkmenistan’s appalling human rights record, including enforced disappearances, we have every reason to fear for his safety and well-being.”

Kasymberdy Garayev is a 24-year-old cardiologist, who was employed at an elite clinic in Turkmenistan. On October 21, 2019, Radio Free Europe/Radio Liberty released a narrative, where Garayev allegedly reflected on his life in Turkmenistan stating that “since childhood, I knew that I was gay and it was hard for me to accept.” In 2018, Garayev was allegedly detained by Turkmen authorities upon a scheduled meeting with an online male love interest, which turned out to be a police officer. Here, Garayev allegedly stated that on the way to the police station, officers beat him, used a stun gun, and demanded that he make a statement on camera confirming his sexual orientation.

On October 24, 2019, Turkmen authorities allegedly requested Garayev’s presence for a background check.  From October 24, 2019 to November 6, 2019, Garayev’s whereabouts were unknown. Radio Free Europe/Radio Liberty was also unable to locate Garayev’s family. According to Human Rights Watch, when an individual summoned by Turkmen authorities goes missing, “there is a real risk they could be the victim of an enforced disappearance.”

On October 31, 2019, Radio Free Europe/Radio Liberty released a video recording of Garayev2 speaking, where he disclosed his real name, expressed his fear of going missing, and begged for his family’s forgiveness.

During the time Garayev was feared to be missing, Gurbanguly Berdymukhamedov, the president of Turkmenistan, visited Rome. During Berdymukhamedov’s visit, several Italian LGBTQ+ activist groups urged Rome to speak out on Garayev’s disappearance. On November 6th, Italian Senator Monica Cirinna released a statement demanding the government press Berdymukhamedov on the details of Garayev’s disappearance. Later that day, Garayev returned home.

Since then, Garayev denies any communication with Free Europe/Radio Liberty. Garayev claims that the video farewell was recorded for a different purpose and sent mistakenly to Radio Free Europe/Radio Liberty. Additionally, after the release of Radio Free Europe/Radio Free Liberty’s narrative, Garayev is no longer employed by the prestigious clinic in Turkmenistan where he once worked. Since Garayev’s alleged return home, several LGBTQ+ activist groups have started campaigns seeking to protect Garayev.

For further information, please see:

Human Rights Watch – Turkmenistan: Gay Man Missing After Coming Out Online – 1 Nov. 2019

Radio Free Europe/Radio Free Liberty – ‘If I Disappear, Forgive Me’: Missing Gay Turkmen’s Plea – 31 Oct. 2019

Radio Free Europe/Radio Free Liberty – Gay man from Turkmenistan wants to make a statement to start a discussion – 21 Oct. 2019

Radio Free Europe/Radio Free Liberty – The Turkmen President Is Alive, But What About His Prisoners? –  20 Aug. 2019

Human Rights Watch – Turkmenistan Events of 2018

Human Rights Watch –#OUTLAWED “THE LOVE THAT DARE NOT SPEAK ITS NAME”

African Court on Human And People’s Rights Strikes down Mali’s Family Code

By: Jordan Broadbent

Impunity Watch Staff Writer 

BAMAKO, Mali — In March 2018, the African Court on Human and Peoples’ Rights issued a ruling striking down Mali’s Family Code affirming their commitment to advancing women’s rights. 

Judges for the African Court on Human and Peoples’ Rights. Photo Courtesy of AfCHPR on Flickr.

The Association for the Advancement and Defense of Women’s Rights, a Malian organization dedication to the fight for equal rights, along with the Institute for Human Rights and Development in Africa, brought the Mali government to court over the implementation of the Family Code. The Applicants stated that the Code violated the African Charter on Human and Peoples’ Rights, to which Mali became a party in 1986.

The Family Code implemented several harsh laws including lowering the minimum age of marriage to 16 for females, or 15 with the consent of their fathers. The law does not require ministers to obtain consent from both parties, rather just the husband. Nor do both parties need to be present at the ceremony for the marriage to take place. Additionally, the Family Code implemented harsh inheritance laws where women could only receive half of the inheritance men in their family could receive. The applications claimed that implementations of these laws would violate Mali’s obligation under the Maputo Protocol, which lays out fundamental rights for women.

The Maputo Protocol states that the age of marriage for both genders is 18, requires consent for marriage, and mandates equal inheritance laws for both genders in countries which have ratified the Protocol.

Mali argued that the Family Code reflected the social and religious reality within the country and that the flexibility within the law respects religious rules throughout the region. The Court rejected both of these arguments.

The Court adopted the Applicants stance that the Family Code policies laid out above violate Mali’s responsibility under the Charter and thus, struck down the code. The Court’s ruling marks the first time the Court has found that a country’s statute constituted a violation of the Protocol on the Rights of Women, a major win for women’s equality in Africa.

However, the Court also reached into a country in a major way because the legislation at issue concerned a country’s social and cultural practices. This demonstrates the Court’s willingness to construe a country’s social practices in order to uphold human rights.

Since this decision, there has been little action by the Mali government to implement this ruling. The Islamic community within Mali has called to keep these laws intact, despite the Court’s ruling. Their statement stated that the Muslim community will “take any action to save the country from danger.” The government’s reluctance to overturn the Family Code in compliance with the Court’s ruling could stem from the current climate within the country.

For further information, please see:

Cambridge Core – APDF & IHRDA vs. Republic of Mali – 2 Jan. 2019

EJIL: Talk – African Court on Human and People’s Rights Delivers Landmark Ruling on Women’s Rights and the Rights of the Child in Mali – 27 July 2018

International Justice Resource Center – African Court Finds Mali’s Family Laws Violates Human Rights Obligations – 29 May 2018

African Court on Human And Peoples’ Rights – Judgement – 11 May 2018