21 December 2022 — Trans Woman Receives Prison Sentence for Alleged Homosexuality, Tunisia

On 21 December 2022, a Tunisian trans woman and gay man were convicted of homosexuality under Article 230 of the Tunisian Penal Code and were sentenced to serve prison time of 1 year and 3 years, respectively.

Amnesty International’s Deputy Director for Middle East and North Africa, Amna Guellali said,

“It is appalling and unacceptable that Tunisia’s judiciary continues to interfere in people’s private lives by authorizing police to conduct arbitrary home raids permitting the prosecution of individuals on allegations related to their sexual orientation and identity. The Nabeul Appeal court should take this opportunity to repair the damage done by past violations, overturning the sentence and acquitting them would be a step in the right direction.

Article 230 which criminalizes same-sex activity is deeply homophobic and must be urgently removed from Tunisia’s Penal Code. The government should order an immediate halt of arrests and prosecutions in relation to this provision.”

This sentence was appealed on 20 February 2023 at the Nabeul Appeal Court in Tunisia. Read more.

Context

In Tunisia, same-sex sexual activity is prohibited under the Penal Code 1913, which criminalises acts of ‘sodomy’. The sentence for someone convicted of same-sex sexual activity is a maximum of three years’ imprisonment. (Source: Human Dignity Trust). Between September 2024 and 31 January 2025, 81 LGBTQIA+ people, mainly gay men and trans women, were arrested and unjustly prosecuted. (Source: Amnesty International).

In 2018, Heinrich-Böll-Stiftung published a report on trans rights in Tunisia by Dr Habib Nouisser, titled ‘Sex Change in Tunisia: When Law Confiscates Identities.’