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ANAL EXAMINATION IN KENYA AND THE HUMAN RIGHTS QUESTION
Anal examination is forcibly carried out in Kenya exclusively on men suspected of engaging in consensual homosexual anal intercourse as a means of obtaining evidence to prove that they are homosexuals. Suspects are without their consent made to lie with their legs up in the presence of police officers and metal spatulas are inserted and torches shone into their anuses to see any abnormalities are visible . The examination is performed with the presumption that there are characteristic signs that correlate with consensual anal intercourse. This practice gives rise to a number of issues. Firstly, is the examination in accordance with the Constitution of Kenya? Secondly, does the examination amount to torture, inhuman and degrading treatment? Thirdly, is there probative value in the evidence, if any, obtained through the examination and do any samples collected rightly fall within the scope of “Appropriate samples” under the Sexual Offences Act 2006 section 36?
THE CONSTITUTION OF KENYA
1. Article 25 - freedom from inhuman and degrading treatment
2. Article 49 (d) and 50, 51- the tenets of a fair trial and the right of an accused person not to incriminate themselves: …show more content…
Therefore, the perception of international law as regards what qualifies as cruel, inhuman and degrading treatment is relevant in Kenya. The International Convention on Civil and Political Rights 1966, The International Convention on Economic Social and Cultural Rights 1966, and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984 are among numerous human rights documents that provide for general principles of equality and universality under international law and are now being applied to sexual minorities, such that states have heightened obligations towards LGBT individuals in their jurisdictions

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