A groundbreaking report by ORAM exposes the abusive practice of ‘phallometry,’ the physical testing of sexual orientation on gay and lesbian asylum seekers.

This week, the Czech Republic responded to criticism from the European Union of its use of phallometry, stating that it has not used the procedures “since 2009” and “no longer counts on their use.” However, the Czech Republic has presented no evidence that it has abolished this inhumane practice on gay asylum seekers.

Critics fear that asylum seekers who refuse the test will be denied refugee protection, and that some will “opt” for the procedure to avoid being deported to countries where they fear persecution.

The ORAM report, entitled Testing Sexual Orientation: A Scientific and Legal Analysis of Plethysmography in Asylum and Refugee Status Proceedings, is an exhaustive legal and scientific analysis of phallometry, and finds the practice to be scientifically unreliable, unacceptably invasive and contravenes Article 3 of the European Convention on Human Rights – the right to be free from inhuman or degrading treatment.

Currently 76 countries worldwide criminalize consensual same-sex relations.  Of these, 7 apply the death penalty. Hundreds of judicial and extra-judicial killings of gay men and lesbians have been reported worldwide, most notably in Iraq and Iran. Non-state persecution of sexual minorities is common in many places in the world.

Neil Grungras, Executive Director of ORAM said:

“Phallometry is an abuse of human rights.  In addition to being unreliable, the test is invasive and humiliating. Asylum decision-makers need training on appropriate interviewing techniques – not pornography and electrodes – to help them evaluate the claims of refugees fleeing persecution based on sexual orientation.”

“ORAM requested an abolition of further phallometric testing in a letter addressed to the Minister of the Interior of the Czech Republic on 22 December 2011. We still have received no response. In the name of the international community, we request an unequivocal statement from the Czech Republic that these procedures will no longer be used to determine the validity of refugees’ sexual orientation.”

(Source: Czech Position)