( Spanish) — The Constitutional Chamber of the highest court of Venezuela annulled this Thursday the provision contained in article 565 of the Organic Code of Military Justice, arguing that it lacks sufficient clarity and legal precision with regard to the conduct that was intended to punish soldiers who committed “acts unnatural sex.”
The norm imposed a penalty of 1 to 3 years in prison and did not define which were the acts that could lead to a conviction.
The request for annulment was presented before the Supreme Court by the Ombudsman, Alfredo Ruiz Angulo.
The supreme court added in the statement that “even if unnatural sexual acts were understood to be those not intended for reproduction, said interpretation, in light of current scientific, social and legal conceptions, is not compatible with the Constitution or with international instruments validly signed and ratified by the Republic, above all, for being contrary to the fundamental postulate of progressivity in terms of guaranteeing human rights”.
The article had been questioned by organizations that defend human rights in Venezuela such as PROVEA and Acceso a la Justicia, which echoed the news, stressing that equal marriage, gender identity change and blood donation are still prohibited. for people in the LGBT+ community.
