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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Advanced Search Search Tips. The law was repealed in In another example, Article 2 vago specifies the contravening behaviours as those “acts which threaten the morals or the respectable customs [of society]” ” These people are referred to as “prisoners of conscience” POCs and Amnesty International works towards their immediate and unconditional release. 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.
The interested party or another person in his behalf is entitled to seek these remedies.
LGBT history in Spain – Wikipedia
For this reason we shall attempt to abolish the horrible crime of sodomy, which is as contrary to Divine precept as it is to chastity. In actual terms, the Law of Vagrants and Crooks is applied on the basis of mere suspicion, frequently when maaleantes have been previously arrested or interviewed by police without being charged.
He was allegedly harassed by other prisoners and had to be transferred to another annex because of this. While not overcrowded, the sewage system was blocked; adequate medical care was lacking; the water was undrinkable; the food was obviously insufficient; and the prison buildings were derelict.
In State Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to maleanhes competent court in order that it may decide on the lawfulness of such threat, this remedy may no be restricted or abolished. However, in the s clandestine gay scenes began to emerge in Spain.
No one shall be deprived of his physical liberty except for the reasons and under the conditions established ee by the constitution of the State Party concerned or a law established pursuant thereto.
The ambiguous nature of this wording could led to further imprisonments of people because of their sexual orientation, including homosexuals. Amnesty International remains concerned mwleantes the duty of prison guards to guarantee the safety of all prisoners under their responsibility continues to be neglected, leading in many instances to grave human rights violations.
Moreover, the organization has not received a reply from the Venezuelan authorities regarding this case. Anyone who is arrested shall be informed, at the time of the arrest, of he reasons for his arrest and shall be promptly informed of any charges against him.
If the detainee denies the charges, he has three days to present proof of his “innocence”: Toda persona inculpada de delito tiene derecho a que se presuma su inocencia mientras no se establezca legalmente su culpabilidad.
The law classifies as Vagos or vagrants, those out of work, or allegedly working in illicit professions “constituting a threat to society”  ; those profiting from prostitution or from illegal activities attempting against the public moral or customs; loiterers and others promoting idleness; and those begging for money under religious pretexts, employing minors and the mentally-ill for begging or pretending to be physically disabled or sick in order to beg.
The Law of Vagrants and Crooks: Suppressing Dissent and Punishing the Poor
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.
In MayPedro Nieves was arbitrarily detained during a police raid in vaagos home town of Maracay. 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 oey offences, and promulgated in the third year of our reign.
The prison authorities had previously denied that vags were subjected to any form of torture or ill-treatment.
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 of the population, suggesting discrimination on the basis of social origin.
For we counsel well for the benefit of our people and our country, when we take measures to utterly extirpate the crimes of wicked men, and put an end to the evil deeds of vice. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Ratificado por Venezuela el 10 de mayo de 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.
Ratified by Venezuela on 9 August Escovar Salom in May 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.
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. According to their views, those detained under this law have not committed any punishable crimes. Although the LPSC specifies the right of the defendant to legal counsel, it imposes time constraints similar to those found 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.
Consequently, they are entitled, without discrimination, to equal protection of the law. Following that, the judge has 48 hours to determine whether the defendant is guilty and to issue a sentence.
Refworld | The Law of Vagrants and Crooks: Suppressing Dissent and Punishing the Poor
Amnesty International is concerned that, unless the conditions in these prisons and centres are substantially improved, all complaints of torture and ill-treatment are investigated and those responsible are brought to justice, detainees under the LPSC will continue to suffer torture and ill-treatment at the hands of the security forces.
This would amount to an actual sentence of four years. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. Thursday, 27 December Email this document Printable version.
Every person shall have the right to a hearing with due guarantees and within a reasonable time, by a competent, independent and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights or obligations of a civil, labour, fiscal or any other nature.
Retrieved 20 January Some gay activists deplore the fact that, even today, reparations have not been made. The guards reportedly started beating him near other prisoners, but he managed to break away and ran towards the director’s office, crying for help.