By Solomon Tembang Mforgham
Two alleged homosexuals have been acquitted in Cameroon after an appeals court overturned the conviction of the two men jailed in 2011 for purported homosexual acts.
Their lawyer, Barrister Alice Nkom says she is elated with the outcome because the judge who convicted them had been influenced by “stereotypes”. She adds that the judge had stated “the way the men dressed... spoke and the fact that they drank Bailey's Irish Cream proved they were gay”.
Homosexual acts are illegal in Cameroon.
It would be recalled that in November 2011, a court sentenced the two men to five years in prison after police arrested them for allegedly having oral sex in a car in the capital, Yaounde.They denied the charge. But the Court of Appeals has again ruled saying they were not guilty.
Barrister Nkom says the ruling was not surprising as the guys were doing nothing when they were arrested by police.
“Just because they were wearing women's clothes and had make-up the police said this must be a network of homosexuals and put them in jail," she said.
She said it was unclear whether the prosecution intended to challenge the verdict in the Supreme Court. Nevertheless, she said she expected the two men to be freed day.
Meanwhile, international gay rights campaign group, All Out, is reported to have welcomed the ruling.
Andre Banks, the group's executive director is quoted as saying “this case demonstrates that when courts rely on law and fairness instead of bias and stereotypes, justice is possible”.
“And while we celebrate.... we renew the call for President Paul Biya to release all other prisoners who have been prosecuted for allegedly being gay or lesbian under Cameroon's unfair anti-gay law”, he added.
In a related development, the Court of Appeals upheld the sentencing to 36 months in prison of another Cameroonian, Roger Jean-Claude Mbede, under the anti-gay legislation.
Mbede was sentenced simply for sending a text to someone to say he loves this man.
Barrister Alice Nkom says she plans to challenge the ruling in the Supreme Court.
“There was no partner. You cannot condemn someone for homosexuality made by himself,” she said.