January 10, 2012

Key Recommendations

To the Police

  • Investigate all allegations of torture, sexual assault, and ill-treatment of detainees and prosecute those responsible in accordance with the law.
  • Put in place workable mechanisms to ensure the protection of detainees and other individuals who wish to file a complaint against the police for abuse or mistreatment.
  • Investigate all arrests under the amendment to article 198 for procedural violations, including arrests in the absence of evidence, arrests without warrants, and forced confessions; and prosecute those responsible in accordance with the law.

To the Ministry of Justice

  • Investigate all convictions under article 198 for procedural violations, including convictions in the absence of evidence, arrests without warrants, and forced confessions; and overturn all convictions that do not fulfill procedural requirements.

To the Ministry of Interior

  • Issue a directive at all levels of the police force to refrain from active investigation or pursuit of charges against transsexuals for “imitating the opposite sex.”

To the Ministry of Health

  • Seek assurances from the Ministry of Interior that would ensure that, until its repeal, amended article 198 is not applied to anyone who has been diagnosed with gender identity disorder.
  • Issue official cards for transgender individuals identifying them as such that prevent arrest by the police.
  • Adopt internationally recognized standards of health care for transgenders such as the World Professional Association for Transgender Health’s Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People.
  • Ensure that training in accordance with recognized international standards of health care and human rights is available to health service professionals, including psychologists, psychiatrists and general practitioners, as well as social workers, with regard to the specific needs and rights of transgender persons and the requirement to respect their dignity.
  • Ensure that transgender people have access to the medical and psychological assistance and support they require, and that such support and assistance is available to transgender individuals within a reasonable time.

To the National Assembly

  • Instate an immediate moratorium on arrests of individuals under the amendment to article 198 of the Penal Code, which criminalizes “imitating the opposite sex.”
  • End discrimination against transgender individuals by repealing the amendment to article 198.
  • Allow individuals diagnosed with Gender Identity Disorder (GID) to undergo sex reassignment surgery.
  • Allow individuals diagnosed with GID to change their gender in all legal documents.