In the spirit of GetEQUAL’s dragging of homophobic U.S. congressmembers for their unjustified, useless condolences, let’s look at the countries offering condolences to Orlando which have anti-gay sodomy laws or criminalization of freedom of expression for LGBT people.
Seriously, they range from fines to imprisonment to torture to execution. But yet, they offer condolences and absolutely DO NOT MENTION THAT QUEER FOLKS WERE TARGETED.
Some quotations are from Wikipedia unless otherwise stated.
President Ashraf Ghani condemned the shooting and said “nothing can justify killing of civilians.”
Homosexuality and cross-dressing are considered serious crimes in Afghanistan, possible punishment may include the death penalty (Article 398, 427 and 512 of Afghanistan’s 1976 Penal Code, currently in force).
Article 338 of Algerian law (English translation) reads:
“Anyone guilty of a homosexual act is punishable with imprisonment of between 2 months and two years, and with a fine of 500 to 2000 Algerian Dinars. If one of the participants is below 18 years old, the punishment for the older person can be raised to 3 years’ imprisonment and a fine of 10,000 dinars”— Article 338, (ILGA May 2008 world laws report[ref])
Article 333 of the Algerian law (English translation) reads:
“”When the outrage to public decency has consisted of an act against nature with an individual of the same sex, the penalty is imprisonment of between 6 months and 3 years, and a fine of between 1,000 and 10,000 Algerian Dinars.”— Article 333, ILGA May 2008 world laws report[ref])
377. Unnatural offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.
In a statement, Prime Minister Andrew Holness extended condolences to the people of the United States and added that “[t]he world must finally deal with terrorism and gun violence, which continues to scar our quest for peace and brotherhood among peoples. The people of the United States of America are constantly in our prayers as we have been in yours in our times of tragedy and pain. We stand together with you as brothers and sisters committed to a better world for our peoples.”
Jamaica retains the British-imposed Buggery Act 1861 on its books, criminalizing “acts of gross indecency” and “buggery [anal sex]”. In addition, the Offenses Against the Person Act (OAPA) reads the following:
Section 76. Unnatural Offences. Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years.
Section 77. Attempt. Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.
Section 79. Outrages on decency. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding two years, with or without hard labour.
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.
Article 1 of the bill amended On Protecting Children from Information Harmful to Their Health and Development with a provision classifying “propaganda of non-traditional sexual relationships” as a class of materials that must not be distributed among minors. The term is defined as materials that are “[aimed] at causing minors to form non-traditional sexual predispositions, notions of attractiveness of non-traditional sexual relationships, distorted ideas about the equal social value of traditional and non-traditional sexual relationships, or imposing information about non-traditional sexual relationships which raises interest in such relationships insofar as these acts do not amount to a criminal offence.” Article 2 makes similar amendments to “On basic guarantees for the rights of the child in the Russian Federation”, commanding the government to protect children from such material.
Article 3 of the bill amended the Code of the Russian Federation on Administrative Offenses with Article 6.21, which prescribes penalties for violations of the propaganda ban: Russian citizens found guilty can receive fines of up to 5,000 rubles, and public officials can receive fines of up to 50,000 rubles. Organizations or businesses can be fined up to 1 million rubles and be forced to cease operations for up to 90 days. Foreigners may be arrested and detained for up to 15 days then deported, or fined up to 5,000 rubles and deported. The fines for individuals are much higher if the offense was committed using mass media or internet.
Saudi Ambassador to the United States Abdullah Al-Saud released a statement saying, “The Kingdom of Saudi Arabia condemns in the strongest terms the attack on innocent people in Orlando, Florida, and sends its deepest condolences to the families and friends of the victims and to the people of the United States.”
In 1928, the Saudi judicial board advised Muslim judges to look for guidance in two books by the Hanbalite jurist Marʿī ibn Yūsuf al-Karmī al-Maqdisī (d.1033/1624). Liwat (sodomy) is to be
“treated like fornication, and must be punished in the same way. If muḥṣan [commonly translated as “adulterer” but technically meaning someone who has had legal intercourse, but who may or may not currently be married] and free [not a slave], one must be stoned to death, while a free bachelor must be whipped 100 lashes and banished for a year.”
Sodomy is proven either by the perpetrator confessing four times or by the testimony of four trustworthy Muslim men, who have been eyewitnesses to the act. If there are fewer than four witnesses, or if one of them is not upstanding, they are all to be chastised with 80 lashes for slander.
The “Rules of Apprehension, Temporary Custody & Precautionary Detention Regulation” codified the criminal code on homosexuality by listing it among the crimes that warranted arrest and detention. In addition to law enforcement, a second royal decree formally established the Committee for the Promotion of Virtue and the Prevention of Vice(CPVPV) and gave this committee the power to authority to arrest and detain people who violate the traditional teaches of Islam, including acts of homosexuality and cross-dressing.
Combating homosexuality remains one of the major goals of the CPVPV, along with its campaign against consumption of alcohol and the practice of magic.
Article 365A prohibits anyone, irrespective of gender, from engaging in “gross indecency”, which is not explicitly defined, although stiffer sanctions apply if one person is under the age of 16 or if any sort of injury was caused as a result. In 1995, the criminal law was amended to expressly prohibit “gross indecency” no matter the gender of the participants.
In a statement, President Gurbanguly Berdimuhammedow said he is “Strongly opposing any manifestations of terrorism and extremism, Turkmenistan fully supports the efforts of the international community in combating this scourge and its elimination”.
Criminal Code of 1997 (Effective 1 January 1998)
Article 135. Sodomy
“(1) Sodomy, that is the sexual relations of the man with the man, is punished by imprisonment for the term of up to two years.”
United Arab Emirates
The Ministry of Foreign Affairs of the UAE condemned the killing.
Article 354 of the Federal Penal Code states, “Whoever commits rape on a female or sodomy with a male shall be punished by death.”
The Federal Penal Code does not replace the legal system of each emirate, unless it is contrary to the federal law, and thus Sharia law remains in place. Hence a person could be charged on this federal penal code, or under a local (emirate) penal code.