United Nations Independent Expert on Protection against violence and discrimination, Chilean Víctor Madrigal-Borloz, has criticised Brunei's anti-gay laws despite an assurance from Brunei's sultan that a moratorium on capital punishment will also extend to sharia laws that include stoning to death for gay sex and adultery.
It was the first time Sultan Hassanal Bolkiah had commented publicly on the new penal code since it entered force in April, and his remarks appeared aimed at assuaging worldwide criticism.
The laws, which also include amputation of hands and feet for thieves in the tiny sultanate on Borneo island, sparked fury from celebrities, including actor George Clooney, the United Nations and rights groups.
Mr Madrigal-Borloz, who is also the secretary general of the International Council of Rehabilitation for Victims of Torture, said despite the assurance, the laws "demonstrate a degree of cruelty that normalises torture".
Brunei's Sultan Hassanal Bolkiah at a procession as part of the Golden Jubilee celebrations in Brunei in October 2017. Source: EPA
"That is, imposing extreme pain on others with the support of the state to the end of breaking them,” he told SBS Spanish.
“There is a solid body of evidence to conclude that the criminalisation of same-sex consensual relations between adults is contrary to international human rights law. Detention on that basis is arbitrary, and imposing the death penalty is, similarly, an arbitrary killing.”
In a televised speech on Sunday, the sultan said: "I am aware that there are many questions and misperceptions with regard to the implementation of the (sharia penal code)."
Victor Madrigal-Borloz Source: Supplied
"There should not be any concern on the sharia law as it is full of Allah's mercy and blessings," he said, according to an official translation of his address.
"As evident for more than two decades, we have practised a de facto moratorium on the execution of death penalty for cases under the common law.
"This will also be applied to cases under the (sharia penal code), which provides a wider scope for remission."
The sultan also vowed Brunei would ratify the United Nations convention against torture which it signed several years ago.
Brunei is not the only country that discriminates against LGTBI communities. Being gay is illegal in 77 countries and punishable by death in seven.
The UNHCR says that over the past decade, there has been a significant increase in refugees from nations which discriminate against people with diverse sexual orientations.
Mr Madrigal-Borloz said the plight of members of LGTBI communities was the same as other asylum seekers, which was to seek to exercise their right to live without fear of persecution.
"In this world, there are millions of people who seek to protect families from conflict, from violence ... they are people who belong to all social, educational strata, are people of different sexual orientations, gender identities, are people who live with disabilities," he said.
"It is important that the systems [of countries] have no preconceptions about the reasons why people seek asylum... The only common thing is that they seek to live a dignified and secure life, as well as to protect their families from violence and certain death."
- With AFP
