The reform of the “Ley de vagos y maleantes” (“Vagrancy Act”) declared homosexuality illegal, equating it with procuring. The text of the law declares. This is a list of notable events in the history of lesbian, gay, bisexual and transgender (LGBT) The reform of the “Ley de vagos y maleantes” ( “Vagrancy Act”) declared homosexuality illegal, equating it with procuring. The text of the. The present Ley sobre Vagos y Maleantes, Law of Vagrants and Crooks, which dates from , permits the administrative detention for up to.
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Adoptado por la Asamblea General de las Naciones Unidas el 16 de diciembre de This page was last edited on 5 Novemberat While not overcrowded, the sewage system was blocked; adequate medical care was lacking; the water malantes undrinkable; the food was obviously insufficient; and the prison buildings were derelict.
Amnesty International urges the Venezuelan le to repeal the Ley sobre Vagos y Maleantes, Law of Vagrants and Crooks; to charge all detainees held under the present Law of Vagrants and Crooks with recognizable criminal offenses and to bring them u a court of law, or to release them; and to constitute an independent legal Commission to look at the compatibility, or otherwise, of the present Law of Vagrants and Crooks and the proposed LPSC with national and international law.
In practice it means that someone can be detained simply on suspicion of being a “vagrant” or a “crook”. The law’s definition of “vagrants” and “crooks” are so vague that they are open to arbitrary and discriminatory interpretations and practice.
According to their views, those detained under this law have not committed any punishable crimes. Memorandum to the GovernmentAI Index: His sentence was later increased to 30 months’ imprisonment by the Ministry of Justice.
Email this document Printable version. Therefore, we establish by this law, that if any man whosoever, of any age, or race, whether he belongs to the clergy, or to the laity, should be convicted, by competent evidence, of the commission of the crime of sodomyhe shall, by order of the king, or of any judge, not only suffer emasculationbut also the penalty prescribed by ecclesiastical decree for such offences, and promulgated in the third year of our reign. Amnesty International believes that the procedure applicable under this law is dr akin to a penal action that it should carry the same guarantees as those established in international norms for a fair trial, including the right to proper defence and the presumption of innocence, as established in articles 9 and 14 of the International Covenant on Civil and Political Rights ICCPR and articles 7 and 8 of the American Convention on Human Rights ACHR.
In theory, it should not house inmates under the Law of Vagrants and Crooks, vgaos in practice, prisoners from CAR El Dorado are transferred to the Casa Amarilla as a means of punishment. His release may be subject to guarantees to assure his appearance for trial. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independant and impartial tribunal established by law.
The Law of Vagrants and Crooks: Suppressing Dissent and Punishing the Poor
Amnesty International believes, however, that practices that compromise fundamental civil rights and contravene the international human rights obligations of Venezuela cannot be accepted as legitimate law enforcement or crime prevention jaleantes. Although this law is still used to suppress political and popular dissent, its most serious conflict with human rights principles arises from its application almost exclusively to members of the poorer sectors vagis the population, suggesting discrimination on the basis of social origin.
Everyone has the right to liberty and security of person. He had never been previously detained or charged with any common offenses and had no police record. Some of the prisoners had been shot at close range with plastic pellets. The attorney’s report is then received by the governor, who must confirm, modify or revoke the sentence within another three days.
It can also be applied to individuals merely on the basis of their past penal records: Retrieved November 15, By using this site, you agree to the Terms of Use and Privacy Policy.
LGBT history in Spain
No one shall be detained for debt. In MayPedro Nieves was arbitrarily detained during a police raid in his home town of Maracay. For a number of years, Amnesty International has been concerned about the use of the Ley sobre Vagos y MaleantesLaw of Vagrants and Crooks, to detain large numbers of the poorer sectors of the population and, in some cases, journalists, peasant activists and critics of the government.
One of the delegates, a forensic doctor, confirmed that several inmates presented injuries consistent with these allegations. In Februarythe delegates found the prison’s facilities to be grossly inadequate. Anyone who has been victim of unlawful arrest or detention shall have an enforceable right to compensation.
The reform of the “Ley de vagos y maleantes” “Vagrancy Act” [4] declared homosexuality illegal, equating it with procuring. Every person has the right to personal liberty and security. The detainee is accused and sentenced by the same authority and the defendant has no access to an independent or impartial tribunal.
While reports indicated that the use of torture against people detained under the Law of Vagrants and Crooks had diminished, some inmates complained about continuing ill-treatment.
The text of the law declares that the measures in it “are not proper punishments, but mere security measures, set with a doubly preventive end, with the purpose of collective guarantee and the aspiration of correcting those subjects fallen to the lowest levels of morality.
Este principio no limita los mandatos de autoridad judicial competente dictados por incumplimientos de deberes alimentarios.
Retrieved from ” https: He was reportedly beaten and kicked by the police. He was nonetheless detained under the Law of Vagrants and Crooks, and taken to the Comandancia General del Estado Araguathe General Commander’s Office in Aragua, where he remained in detention for 15 days. A los efectos de esta Ley se entienden como tales aquellos que habitualmente vagan por el campo viviendo de lo que hurten o se apropien.
The prison authorities had previously denied that inmates were subjected to any form of torture or ill-treatment. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. This movement, along with growth of the gay rights movement in the rest of Europe and the Western world was a large factor in making Spain today one of Europe’s most socially tolerant people.
The procedure applicable to the detainees shows little improvement from that used in the Law of Vagrants and Crooks. While there had been no massive transfers of prisoners to CAR El Dorado under the Law of Vagrants and Crooks in the months preceding the visit, there were complaints about the continuing use of ill-treatment and torture against the inmates. The present Ley sobre Vagos y Maleantes, Law of Vagrants and Crooks, which dates frompermits the administrative detention for up to five years, without judicial appeal or review, of people deemed by the police to be a threat to society, but against whom there is no evidence of punishable crimes that may stand in a court of law.
And although the authority of the Holy Scripturesand the censure of earthly laws, alike, prohibit offences of this kind, it is nevertheless necessary to condemn them by a new decree; lest if timely correction be deferred, still greater vices may arise.
After this, the authority has 48 hours to determine whether he or she is guilty or not before issuing a sentence.
Campos de concentración para vagos y maleantes en España |
Attitudes in greater Spain began to change with the return to democracy after Franco’s death through a cultural movement known as La movida. In actual terms, the Law of Vagrants and Vgaos is applied on the basis of mere suspicion, frequently when individuals have been maleates arrested or interviewed by police without being charged.
A guard shot him repeatedly on the back. This was a common practice untilwhen Franco’s regime gave way to the current constitutional democracy, but in the early 70s gay prisoners were overlooked by political activism in favour of more “traditional” political dissenters.
In State Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may malentes be restricted or abolished.
Some authorities and other individuals maintain that it is difficult to relinquish the use of the law of Vagrants and Crooks as a method of crime prevention.