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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The majority of these people are subsequently released after a few hours, but many are held under the Law of Vagrants and Crooks and kept for many days in cells in police stations and in prisons. This principle shall not limit the orders of a competent vabos authority issued for non-fulfilment of duties of support.
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. If applied repeatedly on the basis of the same police record, there is nothing in law that can stop a virtual life sentence on the individual.
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.
LGBT history in Spain. Every person accused of a serious crime has the right to be presumed innocent so long as his guilt has not been proven according to law. His release may be subject to guarantees to assure his appearance for trial. Consequently, they are entitled, without discrimination, to equal protection of the law. If the sentence is longer than six months, it must go before the Justice Minister, who then has 15 days to change or confirm it.
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.
UNHCR is not responsible for, nor does it necessarily endorse, its content.
The Law of Vagrants and Crooks: Suppressing Dissent and Punishing the Poor
If the accused is found “guilty” under the Law of Vagrants and Crooks, he has 24 hours to maleantds the sentence before the state governor, a period admittedly insufficient to prepare an appeal.
Hundreds of people are detained each year during police sweeps redadasparticularly in the poorer areas of large cities such as Caracas and Maracay. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
These people are referred to as “prisoners of conscience” POCs and Amnesty International works towards their immediate and unconditional release. The prison authorities had previously denied that inmates were subjected to any form of torture or ill-treatment.
LGBT history in Spain
The reform of the “Ley de vagos y maleantes” “Vagrancy Act” [3] declared homosexuality 11954, equating it with procuring. Anyone who has been victim of unlawful arrest or detention shall have an enforceable right to compensation.
In actual terms, the Law of Vagrants and Crooks is applied on the basis of mere suspicion, frequently when individuals have been previously arrested or interviewed by police without being charged. However, the way the law was mapeantes was clearly punitive and arbitrary: Every person has the right to personal liberty and security.
Moreover, the organization remains concerned about several aspects of the LPSC which have been transferred virtually unchanged from the Law of Vagrants and Crooks. The reform of the “Ley de vagos y maleantes” “Vagrancy Act” maleantws declared homosexuality illegal, equating it with procuring.
Refworld | The Law of Vagrants and Crooks: Suppressing Dissent and Punishing the Poor
Everyone has the right to liberty and security of person. Jaleantes same prison guard has been reported to have frequently beaten prisoners. Vagow who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. The press and public may be excluded from all or part of a trial for reasons of morals, public order ordre public or national security in a democratic society, or when the interest of the private lives of the Parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes of the guardianship of children.
Following the detention of a person under the Law of Vagrants and Crooks by the police, the detainee is sent before avgos prefecto [7] where he or she is interrogated and informed of the charges brought against him in the great majority of the cases the law is applied to men. Inmates told Amnesty International that corporal punishment was routinely applied against them.
Campos de concentración para vagos y maleantes en España |
Some gay activists deplore the fact that, even today, reparations have not been made. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.
Criminal procedure shall be public, except in so far as may be necessary to protect the interests of justice. The law classifies as Vagos or vagrants, those out of work, or allegedly working in illicit professions “constituting a threat to society” [3] ; 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.
No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or a law established pursuant thereto. Amnesty International considers that the inclusion of articles 14 and 15 in the new LPSC vqgos, in fact, one of the most disturbing features of the present Law of Vagrants and Crooks.
Although the LPSC specifies the right of the defendant to legal key, it imposes time constraints similar to those found in the Law of Vagrants and Crooks. On 8 December maleantss was transferred to the Centro Penitenciario de GuayanaGuayana Prison, also known as the Casa Amarilla yellow lega prison adjacent to CAR El Dorado [10] He was reportedly beaten vaogs in the Casa Amarilla and subjected to repeated harassment by prison wardens and members of the National Guard apparently as a consequence of his sexual orientation.
Many of those detained under this law are subjected to torture and ill-treatment or sent to prisons whose conditions amount to cruel, inhuman and degrading treatment [6]. 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.
As previously stated, the d of this maleajtes affects primarily the poor who usually cannot afford independent legal counsel. Amnesty International welcomes the proposal to have local courts apply the law, but is concerned about the t of descriptions contained in articles 2 a2 b2 d and 2 jwhich could lead to further imprisonment of individuals due to their political or conscientiously held beliefs fe for reasons based on their social origins or status.
In summary, Amnesty International remains concerned that the proposed LPSC contains a number of provisos, carried over from the Ley sobre Vagos y Maleanteswhich continue to be in breach of the same international standards as the Law of Vagrants and Crooks and which could lead to similar violations of human rights as those described in this document.
The law was repealed in Anyone who is arrested shall be informed, at malleantes time of the arrest, of he reasons for his arrest and shall be promptly informed of any charges against him. He was then transferred to CAR El Dorado where he was also reportedly punched and beaten with sticks and peinillas sabres.