LEY DE VAGOS Y MALEANTES 1954 PDF

The reform of the “Ley de vagos y maleantes” (“Vagrancy Act”) declared homosexuality illegal, equating it with procuring. The text of the law declares. This is a list of notable events in the history of lesbian, gay, bisexual and transgender (LGBT) The reform of the “Ley de vagos y maleantes” ( “Vagrancy Act”) declared homosexuality illegal, equating it with procuring. The text of the. The present Ley sobre Vagos y Maleantes, Law of Vagrants and Crooks, which dates from , permits the administrative detention for up to.

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Amnesty International considers that the inclusion of articles 14 and 15 in the new LPSC preserves, in fact, one of the most disturbing features of the present Law of Vagrants and Crooks.

In MayPedro Nieves was arbitrarily detained during a police raid in his home town of Maracay. For this reason we shall attempt to abolish the horrible crime of sodomy, which is as contrary to Divine precept as it is to chastity. Although this law is still used to suppress political and popular dissent, its most serious conflict with human rights principles arises from its application almost exclusively to members of the poorer sectors of the population, suggesting discrimination on the basis of social origin.

Homosexuality was highly illegal under the dictatorship of Francisco Francowith laws against homosexual activity vigorously enforced and gays being imprisoned in large numbers. Toda persona inculpada de delito tiene derecho a que se presuma su inocencia mientras no se establezca legalmente su dee. Thursday, 27 December On 8 December he was transferred to the Centro Penitenciario de GuayanaGuayana Prison, also known as the Casa Amarilla yellow housea prison adjacent to CAR El Dorado [10] He was reportedly beaten while in the Casa Amarilla and subjected to repeated harassment by prison wardens and members of the National Guard apparently as a consequence of his sexual orientation.

Following an international campaign to secure his release, Gabriel Rivas Granadillo’s sentence was revoked by the state governor of Carabobo on 29 September While the Venezuelan Government has repeatedly acknowledged that the Law of Vagrants and Crooks infringes the Venezuelan Constitution maleantex the country’s obligation to uphold ratified international human rights instruments, the Law of Vagrants and Crooks continues to be applied by most Venezuelan state authorities.

This was a common practice untilwhen Franco’s regime gave way to the current constitutional democracy, but in the early 70s gay prisoners were overlooked by political vqgos in favour of more “traditional” political dissenters.

Dw reports indicated that the use of torture against people detained under the Law of Vagrants and Crooks had diminished, some inmates complained about continuing ill-treatment. Therefore, we establish by this law, that if any man whosoever, of any age, or race, whether he belongs to the clergy, mleantes to the laity, should be convicted, by competent evidence, of the commission of the crime of sodomyhe shall, by order of the king, or of any judge, not only suffer emasculationbut also the penalty prescribed by ecclesiastical decree for such offences, and promulgated in the third year of our reign.

The reform of the “Ley de vagos y maleantes” “Vagrancy Act” [4] declared homosexuality illegal, equating it with procuring. Although h Law of Vagrants and Crooks, is widely used in many states to hold people belonging primarily to the poorest sectors of maleantee, it has also been used to detain political activists. He was nonetheless detained under the Law of Vagrants and Crooks, and taken to the Comandancia General del Estado Araguathe General Commander’s Office in Aragua, where he remained in detention for 15 days.

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Views Read Edit View history. The attorney’s report is then received by the governor, who must confirm, yy or revoke the sentence within another three days. Retrieved 11 February In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. This law is not intended vafos punish, but to correct and reform”. Attitudes in greater Spain began to change with the return to democracy after Franco’s death through a cultural movement known as La movida.

While not overcrowded, the sewage system was blocked; adequate medical care was lacking; the water was undrinkable; the food vahos obviously insufficient; and the prison buildings were derelict. The Commission’s findings should be made public and taken into consideration by the respective authorities before adopting the LPSC. If leg sentence is longer than six months, it must go before the Justice Minister, who then has 15 days to change or confirm it.

Retrieved from ” https: If applied repeatedly on the basis of the same police record, there is nothing in law that can stop a virtual life sentence on the individual. However, in the s clandestine gay scenes began to emerge in Spain. The press and public may be excluded from all or part of a trial for reasons of morals, public order ordre public or national security in a democratic society, or t the interest of the private lley of the Parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile lley otherwise requires or the proceedings concern matrimonial disputes of the guardianship of children.

Amnesty International urges the Venezuelan authorities to repeal the Ley sobre Vagos y Maleantes, Law of Vagrants and Crooks; to charge all detainees held under the present Law of Vagrants and Crooks with recognizable criminal offenses and to bring them before a court of law, vavos to release them; and to constitute an independent legal Commission to look at the compatibility, or otherwise, of the present Law of Vagrants and Crooks and the proposed LPSC with national and international law.

Further establishments would start to appear in Barcelonaan especially tolerant city under Franco’s regime, and in the countercultural centers of Ibiza and Sitges a town in the province of Barcelona, Cataloniathat remains a highly popular gay tourist destination. Some authorities and other individuals maintain that it is difficult to relinquish the use of the law of Vagrants and Crooks as a method of crime prevention.

The present Ley sobre Vagos y Maleantes, Law of Vagrants and Crooks, which dates frompermits the administrative detention for up to five years, without judicial appeal or review, of people deemed by the police to be a threat to society, but against whom there is no evidence of punishable crimes that may stand in a court of law. The maleanttes was repealed in Todas las personas son iguales ante los tribunales y cortes de justicia.

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From Wikipedia, the free encyclopedia. The prison guard ve for Ricardo Donis’ arbitrary and illegal transfer has not been brought to justice. Ratificado por Venezuela el 10 de mayo de In State Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may no be restricted or abolished.

All persons shall be equal before the courts and tribunals.

In theory, it should not house inmates under the Law of Vagrants and Crooks, although in practice, prisoners from CAR El Dorado are transferred to the Casa Amarilla as a t of punishment. The Minister’s decision is final.

LGBT history in Spain

After this, the authority has 48 hours to determine whether he or she is guilty or not before issuing a sentence. Although the LPSC specifies the right of the defendant to legal counsel, it imposes time constraints maleaantes to those found in the Law of Vagrants and Crooks.

Todo individuo tiene derecho a la libertad y a la seguridad personales. Following the detention of a person under the Law of Vagrants and Crooks by the police, the detainee is sent before the prefecto [7] where he or she is interrogated and informed of the charges brought against him in the great majority of the cases the law vaogs applied to men.

LGBT history in Spain

One of the delegates, a forensic doctor, confirmed that several inmates presented injuries consistent with these allegations.

When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to maelantes, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to se.

The case goes before the state governor for consultation, whether on appeal or not. The ambiguous nature of this wording could led to further imprisonments of people because of their sexual orientation, including homosexuals. Amnesty International remains concerned that the duty of prison guards to guarantee the safety of all prisoners under their responsibility continues to be neglected, leading in many instances to grave human rights violations.

The same prison guard has been reported to have frequently beaten prisoners. The Commission should include members of both governmental and non-governmental organizations, such as human rights groups, popular maleabtes, academics, lawyers and the Church.

Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Ratified by Venezuela in 10 May