A Kenyan court has upheld the use of anal examinations in attempts to determine a suspect’s sexual orientation. Homosexual acts are a crime in Kenya, bringing possible prison sentences of up to 14 years.
Some might find the terms anal examination and/or anal probe graphic enough, but, to be clear, some consider it a form of torture. In fact, a U.N. special rapporteur on torture wrote this in a report in January: “In states where homosexuality is criminalized, men suspected of same-sex conduct are subject to non-consensual anal examinations intended to obtain physical evidence of homosexuality, a practice that is medically worthless and amounts to torture or ill-treatment.”
In other words, the “examination” is intended to humiliate, not obtain evidence, critics say.
The high court in the coastal Kenyan city of Mombasa made the decision after reviewing the case of two men who were arrested in a bar in February 2015 on suspicions of engaging in gay sex. The two men were subjected to the procedure, as well as mandatory HIV and hepatitis B testing, and subsequently protested their treatment as degrading and abusive.
A judge on Thursday dismissed their petition.
Other countries that still use “anal examinations” to determine homosexuality include Cameroon, Egypt, Tunisia, Turkmenistan, Uganda and Zambia.