Constitutional Chamber of the Supreme Court of Justice of the country pointed out that there was a lack of legal clarity and precision with regard to the conduct that was intended to be punished
The Supreme Court of Justice of Venezuela (TSJ) annulled this Thursday, 16, the excerpt of an article of the Organic Code of Military Justice that imposed prison sentences to military who, being of the same sex, engaged in sexual relations, after several requests made by the LGBTQIA+ population from the country. The Constitutional Chamber of the court annulled, at the request of the defender of the people, Alfredo Ruiz, the passage “because it lacks legal clarity and precision with regard to the conduct that was intended to be punished”, said the TSJ in a press release. The communiqué also states that the law imposes a sentence of one to three years in prison for soldiers who commit “unnatural sexual acts”, without defining what should be understood by “natural acts”, when constitutional principles require that the description of the crimes is clear and precise to avoid investigations and sanctions “outside what the legislator intended to punish”. “Even if sexual acts against nature were understood as those that are not intended for reproduction, such an interpretation, in the light of current scientific, social and legal conceptions, is not compatible with the Constitution or with international or validly signed instruments,” he added. . The TSJ added that this norm is contrary to the fundamental postulate of progressivity in terms of guaranteeing human rights. On February 14, LGBTQIA+ activists in Venezuela demanded that the Supreme Court give a definitive answer to claims such as marriage equality, recognition of gender identity and the annulment of this article.
*With information from EFE