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Mount Lebanon Appeal Court: Homosexuality is not felony

17-7-2018

The Penal Court of Appeal in Mount Lebanon, Room 12, headed by Judge Randa Kfouri, ruled on July 12 acquitting two persons indicted with same sex charges. It considered that a relationship between homosexuals is not a crime if it did not take place in a public space or did not involve a minor who requires protection. The decision supports an earlier ruling by Judge Rabi’ Maalouf in 2017. In its comment on the decision, the Legal Agenda said it is a first from an appellate court and not by single criminal judges, hoping it will expand the circle of progressive judges who keep with social and scientific developments at all times, including prosecutors, in order to end the prosecution of homosexuals which, in itself, is a breach of fundamental human rights and freedoms that are protected by the Lebanese Constitution and by international conventions. To recall, four lawyers from the Legal Agenda have pleaded before the court at June 18 session and they are, Yumna Makhlouf, Nizar Saghieh, Gida Franjieh and Karim Namour. Makhlouf has asked the reverse of the appeal in line with Article 534 of the Lebanese Penal Code which stipulates that sexual acts against nature are punishable by one month up to a year in prison and a fine ranging from LBP 200,000 and LBP one million but which does not consider sexual orientation as criminal.(The Legal Agenda, L’Orient Le Jour, July 13, 16, 2018)

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