Section 171 of the Criminal Code of Cyprus
Encyclopedia
Section 171 of the Criminal Code of Cyprus was a section of the Cyprus
Criminal Code, which was enacted in 1929, that criminalized homosexual
acts between consenting male adults. Until 1998, the section read:
sex. Although rarely enforced, it was challenged in the European Court of Human Rights
by a Cypriot man named Alecos Modinos. The Court handed down its judgment in Modinos v. Cyprus
on April 22, 1993, and overwhelmingly ruled by eight votes to one that Section 171 violated Article 8 of the European Convention on Human Rights
, which protected people's right to privacy. The judgment followed the opinion reached by the Court in two other similar cases: Dudgeon v. the United Kingdom (1981) and Norris v. Ireland
(1988). Ironically, Section 171 had been cited by Turkish Cypriot Judge Mehmet Zeka in his dissenting opinion in the Dudgeon case to oppose the Court's invalidation of Northern Ireland
's anti-buggery
laws. Judge Zeka had argued that, as a Cypriot, he was in a "better position in forecasting the public outcry and the turmoil which would ensue if such laws are repealed or amended in favour of homosexuals either in Cyprus or in Northern Ireland. Both countries are religious-minded and adhere to moral standards which are centuries' old".
, and openly opposed by the center-right Democratic Party
. Former President George Vassiliou came out in support of the repeal, as did Foreign Minister Ioannis Kasoulides
, who argued that Cyprus "cannot ask Turkey to comply with the decisions of the Council [of Europe] regarding human rights violations [while] at the same time [refusing] to conform to such decisions."
As Judge Zeka had predicted 17 years earlier, the proposed repeal of Section 171 sparked a huge public backlash. Nearly a thousand people protested outside the House of Representatives
in Nicosia
on May 15, 1997. Known as the Committee for the Fight Against the Decriminalization of Homosexuality, the protest was led by Cypriot Orthodox Church
priests, monks and nuns, and featured signs reading "No to Sodom and Gomorrah
in Cyprus" and "Cyprus is the island of saint
s, not homosexuals." Archbishop Chrysostomos I
actively campaigned against the repeal of Section 171, and the Pancyprian Christian Orthodox Movement collected 40,000 signatures (representing nearly 5% of the island's total population) on a petition opposing the reform, and even went as far as promising to compile a "blacklist" of all MPs voting for the repeal.
made repeated warnings to Cyprus that it could face expulsion or other political sanctions if it delayed any further in complying with the Court's decision in Modinos v. Cyprus. As a result, the bill decriminalizing private homosexual acts between consenting adults was passed by the House of Representatives on May 21, 1998, just eight days prior to the May 29 deadline set by the Council. It was passed with 11 of the House's 56 members intentionally absent. 36 MPs voted for the bill, eight voted against it, and one MP chose to abstain.
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
Criminal Code, which was enacted in 1929, that criminalized homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
acts between consenting male adults. Until 1998, the section read:
"Any person who (a) has carnal knowledgeCarnal knowledgeCarnal knowledge is an archaic or legal euphemism for sexual intercourse. The term derives from the Biblical usage of the verb know/knew, as in the King James and other versions, a euphemism for sexual conduct...
of any person against the order of nature, or (b) permits a male person to have carnal knowledge of him against the order of nature is guilty of a felonyFelonyA felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and is liable to imprisonment for five years".
Court challenge
Section 171 did not apply to women and did not criminalize lesbianLesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
sex. Although rarely enforced, it was challenged in the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
by a Cypriot man named Alecos Modinos. The Court handed down its judgment in Modinos v. Cyprus
Modinos v. Cyprus
Modinos v. Cyprus is a judgment of the European Court of Human Rights concerning Article 8 of the European Convention on Human Rights- Case :...
on April 22, 1993, and overwhelmingly ruled by eight votes to one that Section 171 violated Article 8 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, which protected people's right to privacy. The judgment followed the opinion reached by the Court in two other similar cases: Dudgeon v. the United Kingdom (1981) and Norris v. Ireland
Norris v. Ireland
Norris v. Ireland was a 1988 case decided by the European Court of Human Rights. The case was brought against the Republic of Ireland by Senator David Norris, and his Senior Counsel was fellow member of the Campaign for Homosexual Law Reform, Mary Robinson, who later became the first female...
(1988). Ironically, Section 171 had been cited by Turkish Cypriot Judge Mehmet Zeka in his dissenting opinion in the Dudgeon case to oppose the Court's invalidation of Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
's anti-buggery
Buggery
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may be, also, a specific common law offence, encompassing both sodomy and bestiality.-In law:...
laws. Judge Zeka had argued that, as a Cypriot, he was in a "better position in forecasting the public outcry and the turmoil which would ensue if such laws are repealed or amended in favour of homosexuals either in Cyprus or in Northern Ireland. Both countries are religious-minded and adhere to moral standards which are centuries' old".
Opposition to repeal
Nonetheless, it was only five years after Modinos v. Cyprus was decided that the anti-sodomy provisions of Section 171 were effectively repealed. The slowness of the reform was due to the deep divisions created by such a morally charged issue. The repeal of Section 171 was openly supported by the liberal United DemocratsUnited Democrats
The United Democrats is a liberal political party in Cyprus. The party was founded by former President of Cyprus George Vasiliou in 1993 as "Kinima Eleftheron Dimokraton"...
, and openly opposed by the center-right Democratic Party
Democratic Party (Cyprus)
The Democratic Party is a centrist political party in Cyprus, founded in 1976 by Spyros Kyprianou. As it is reported in its founding statement , the Democratic Party proposes to the Cypriot society the political philosophy of "social centrism", which constitutes “a total of attributes and values...
. Former President George Vassiliou came out in support of the repeal, as did Foreign Minister Ioannis Kasoulides
Ioannis Kasoulides
Ioannis Kasoulides is a Cypriot politician and member of European Parliament.He is member of European People's Party and Democratic Rally He was elected as member of Cyprus Parliament on 1991 and also served as minister of the government of Cyprus for the period 1993-2003.Ioannis Kasoulides is...
, who argued that Cyprus "cannot ask Turkey to comply with the decisions of the Council [of Europe] regarding human rights violations [while] at the same time [refusing] to conform to such decisions."
As Judge Zeka had predicted 17 years earlier, the proposed repeal of Section 171 sparked a huge public backlash. Nearly a thousand people protested outside the House of Representatives
House of Representatives of Cyprus
The House of Representatives is the parliament of Cyprus. It has 59 members elected for a five year term, 56 members by proportional representation and 3 observer members representing the Maronite, Latin and Armenian minorities...
in Nicosia
Nicosia
Nicosia from , known locally as Lefkosia , is the capital and largest city in Cyprus, as well as its main business center. Nicosia is the only divided capital in the world, with the southern and the northern portions divided by a Green Line...
on May 15, 1997. Known as the Committee for the Fight Against the Decriminalization of Homosexuality, the protest was led by Cypriot Orthodox Church
Cypriot Orthodox Church
The Church of Cyprus is an autocephalous Greek church within the communion of Orthodox Christianity. It is one of the oldest Eastern Orthodox autocephalous churches, achieving independence from the Patriarchate of Antioch and All the East in 431...
priests, monks and nuns, and featured signs reading "No to Sodom and Gomorrah
Sodom and Gomorrah
Sodom and Gomorrah were cities mentioned in the Book of Genesis and later expounded upon throughout the Hebrew Bible, the New Testament and Deuterocanonical sources....
in Cyprus" and "Cyprus is the island of saint
Saint
A saint is a holy person. In various religions, saints are people who are believed to have exceptional holiness.In Christian usage, "saint" refers to any believer who is "in Christ", and in whom Christ dwells, whether in heaven or in earth...
s, not homosexuals." Archbishop Chrysostomos I
Archbishop Chrysostomos I
Archbishop Chrysostomos I was the Archbishop of Cyprus from 1977 to 2006. He was born in the village of Statos in Paphos, Cyprus. By the scholarship of Kykkos Monastery, where he served as a monk, he finished the Pancyprian Gymnasium in 1950 and he studied theology and literature in the...
actively campaigned against the repeal of Section 171, and the Pancyprian Christian Orthodox Movement collected 40,000 signatures (representing nearly 5% of the island's total population) on a petition opposing the reform, and even went as far as promising to compile a "blacklist" of all MPs voting for the repeal.
Repeal
The Council of EuropeCouncil of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
made repeated warnings to Cyprus that it could face expulsion or other political sanctions if it delayed any further in complying with the Court's decision in Modinos v. Cyprus. As a result, the bill decriminalizing private homosexual acts between consenting adults was passed by the House of Representatives on May 21, 1998, just eight days prior to the May 29 deadline set by the Council. It was passed with 11 of the House's 56 members intentionally absent. 36 MPs voted for the bill, eight voted against it, and one MP chose to abstain.
See also
- Article 200Article 200Article 200 was a section of the Penal Code of Romania that criminalised homosexual relationships. It was introduced in 1968, under the communist regime, during the rule Nicolae Ceauşescu, and remained in force until it was repealed by the Năstase government on 22 June 2001...
, a similar provision in the Romanian Penal Code - Paragraph 175Paragraph 175Paragraph 175 was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made homosexual acts between males a crime, and in early revisions the provision also criminalized bestiality. All in all, around 140,000 men were convicted under the law.The statute was amended several...
, a similar provision in the German Criminal Code - LGBT rights in Cyprus