The two men were arrested on charges of "homosexual conduct" after one of them filed an unrelated complaint against the other. According to the men's lawyer, the police then tried to make them confess that "they are gay" by bullying, insulting and threatening to incarcerate them.
The police also tried to get the men to undergo an anal examination, to use as evidence in the lawsuit. In 2017, Tunisia accepted the United Nations' advice to stop forced anal investigations as a way to "prove" homosexuality. However, the Tunisian delegation stated that "medical examinations will be conducted on the basis of the person's consent and in the presence of a medical expert".
Prosecuting sex by mutual consent between adults violates the rights to privacy and non-discrimination guaranteed by the International Covenant on Civil and Political Rights. Tunisia is committed to respecting this treaty. Tunisian authorities should immediately overturn the two men 's conviction and release them, Human Rights Watch said.