Documents related Javed Jaghai's withdrawal from his case against Jamaica

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Material Information

Title:
Documents related Javed Jaghai's withdrawal from his case against Jamaica
Physical Description:
Digital documents
Language:
English
Creator:
J-FLAG
Publication Date:

Subjects

Subjects / Keywords:
Caribbean Area   ( lcsh )

Notes

Abstract:
Javed Jaghai, a gay man who brought a legal challenge to Jamaica’s anti-buggery laws in the country’s Supreme Court, discontinued his case following threats of violence. These two documents relate to that withdrawal. They are also at http://www.jflag.org

Record Information

Source Institution:
Caribbean IRN
Holding Location:
Caribbean IRN
Rights Management:
All rights reserved by the source institution.
System ID:
AA00025631:00001

Full Text

PAGE 1

29 August 2014 against anti gay laws buggery violence. rights. In a signed affidavit, a copy of which is attached to this statement, Mr Jaghai attributes his decision to personal threats, the burden that the litigation was put ting on his family, and continuing incidents bisexual and transgender (LGBT) community. In his affidavit, Mr Jaghai told the court: Though the cause and the case are noble, I am no longer willing to gamble with my life or the lives of my parents and siblings. Janet Burak of AIDS Free World, which supported Jaghai in his case from the beginning, said: "The fear that drove Javed to withdraw from the case is the same fear that keeps gay men in Jamaica unde rground, away from effective HIV testing, prevention, treatment, care, and support interventions. publicly stated that stigma and discrimination are driving the HIV epidemic among men who have sex with men. The country 's HIV prevalence rate for this at risk population is the highest in the western hemisphere (33%), and Jamaica's anti gay law is among the most severe in the Caribbean region, with sentences of up to 10 years in prison for consensual sexual relations betwe en men." J FLAG, which had brought the claim alongside Mr Jaghai, said it understood his situation and that it fully supported his decision. J FLAG has therefore consented to a Notice of Discontinuance. Dane Lewis, Executive Director of J FLAG, said: has no place in a free society that values and protects all its citizens. The existence of this law and the closely related cultural hostility experienced by LGBT Jamaic ans should be carefully considered in light of the reasons for Javed requesting that the case be discontinued. This is a live example of the ways in which the continued existence and enforcement of the anti buggery law contributes to the lack of access to

PAGE 2

Page 2 All parties involved hope that in the aftermath of this there will be an opportunity to engage in a series of consultations with multiple stakeholders, including government, geared at sensitising Jama icans about the LGBT community. AIDS Free World has been working, and will continue to work, in the Caribbean and elsewhere, to eliminate laws and policies that inhibit a more effective HIV response, including Jamaica's anti sodomy laws. J FLAG remain s committed to advocating for the rights of and will continue to support any legitimate means to effect meaningful change to improve their lives and to ensure that the community enjoys the rights afforded to all Ends Notes to editors 1. Contacts: AFW: jburak@aidsfreeworld.org +1 (212) 729 5084 J FLAG: admin@j flag.org (876) 754 2130 2. Mr Jaghai filed a co nstitutional challenge to the buggery laws against the Attorney General on 6 February 2013. On 3 September 2013, J FLAG was added to the action as a claimant. 3. AIDS Free World is an international advocacy organization working for more urgent and effective global responses to HIV and AIDS. To learn more, visit www.aidsfreeworld.org 4. J FLAG is the foremost organisation in Jamaica advocating for the rights of LGBT people, and is committed to promoting social change, empowering the LGBT community, and building tolerance for, and acceptance of LGBT people. Through our programmes we seek t o foster the acceptance and enrichment of the lives of same gender loving persons who have been, and continue to be an integral part of society. To find out more, please visit http://jflag.org/







PAGE 1

29 August 2014 against anti gay laws buggery violence. rights. In a signed affidavit, a copy of which is attached to this statement, Mr Jaghai attributes his decision to personal threats, the burden that the litigation was put ting on his family, and continuing incidents bisexual and transgender (LGBT) community. In his affidavit, Mr Jaghai told the court: Though the cause and the case are noble, I am no longer willing to gamble with my life or the lives of my parents and siblings. Janet Burak of AIDS Free World, which supported Jaghai in his case from the beginning, said: "The fear that drove Javed to withdraw from the case is the same fear that keeps gay men in Jamaica unde rground, away from effective HIV testing, prevention, treatment, care, and support interventions. publicly stated that stigma and discrimination are driving the HIV epidemic among men who have sex with men. The country 's HIV prevalence rate for this at risk population is the highest in the western hemisphere (33%), and Jamaica's anti gay law is among the most severe in the Caribbean region, with sentences of up to 10 years in prison for consensual sexual relations betwe en men." J FLAG, which had brought the claim alongside Mr Jaghai, said it understood his situation and that it fully supported his decision. J FLAG has therefore consented to a Notice of Discontinuance. Dane Lewis, Executive Director of J FLAG, said: has no place in a free society that values and protects all its citizens. The existence of this law and the closely related cultural hostility experienced by LGBT Jamaic ans should be carefully considered in light of the reasons for Javed requesting that the case be discontinued. This is a live example of the ways in which the continued existence and enforcement of the anti buggery law contributes to the lack of access to

PAGE 2

Page 2 All parties involved hope that in the aftermath of this there will be an opportunity to engage in a series of consultations with multiple stakeholders, including government, geared at sensitising Jama icans about the LGBT community. AIDS Free World has been working, and will continue to work, in the Caribbean and elsewhere, to eliminate laws and policies that inhibit a more effective HIV response, including Jamaica's anti sodomy laws. J FLAG remain s committed to advocating for the rights of and will continue to support any legitimate means to effect meaningful change to improve their lives and to ensure that the community enjoys the rights afforded to all Ends Notes to editors 1. Contacts: AFW: jburak@aidsfreeworld.org +1 (212) 729 5084 J FLAG: admin@j flag.org (876) 754 2130 2. Mr Jaghai filed a co nstitutional challenge to the buggery laws against the Attorney General on 6 February 2013. On 3 September 2013, J FLAG was added to the action as a claimant. 3. AIDS Free World is an international advocacy organization working for more urgent and effective global responses to HIV and AIDS. To learn more, visit www.aidsfreeworld.org 4. J FLAG is the foremost organisation in Jamaica advocating for the rights of LGBT people, and is committed to promoting social change, empowering the LGBT community, and building tolerance for, and acceptance of LGBT people. Through our programmes we seek t o foster the acceptance and enrichment of the lives of same gender loving persons who have been, and continue to be an integral part of society. To find out more, please visit http://jflag.org/