Responding to charges against eight men for offences including committing “acts of gross indecency with another person”, Rachel Chhoa-Howard, a regional researcher at Amnesty International, said: “Charges for engaging in consensual relations are deeply discriminatory and an appalling violation of the right to privacy.
“They must be dropped immediately and unconditionally.
“Laws against consensual, same-sex relations, including Section 377 of the Penal Code, must be repealed,” she said. “Government agencies and police must end harassment and attacks against people who engage in consensual, same-sex relations and LGBTI people in Malaysia more broadly.
All people should be protected from arrest, violence and acts of discrimination based on their perceived sexual orientation and gender identity, she added. “Everyone has the right to privacy, including against intrusive surveillance and public disclosure of their health status, sexual orientation or gender identity.
“All investigations against other men arrested in the 29 November raid for the same offences must end.”
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On 5 December, eight men were reportedly charged with various offences following a raid at a health and wellness facility in Perai, Penang, on 29 November that police alleged was being used as a venue for same-sex sexual activities. They were among the 13 individuals arrested during the raid.
Of the eight, four were charged for allegedly committing “acts of gross indecency” under Section 377D of the Penal Code, which carries a sentence of imprisonment for up to 20 years and whipping, upon conviction.
Three were charged for possessing obscene materials on their mobile phones, under Section 292(a) of the Penal Code. They pleaded not guilty and were released on bail while awaiting trial.
Three others pleaded guilty to possessing obscene materials and were fined RM5,000 each.
One was also fined a total of RM8,000 by a court for allegedly endangering others by exposing them to HIV under Section 12(1) of the Prevention and Control of Infectious Diseases Act 1988 and for possessing obscene materials. – Amnesty International Malaysia
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