Brussels, 18/05/2011 (Agence Europe) - “Phallometric” tests practised by the Czech authorities on asylum seekers to see whether they are homosexual and subsequently likely to suffer from violence in their countries of origin, do not comply with European laws on asylum and fundamental rights. The European Commissioner for home affairs, Cecilia Malmström, confirmed this view on Tuesday 17 May. On 16 May, the Commissioner also sent a letter to the Czech Republic informing the latter that it would be beginning a far-reaching investigation into these practices. An initial letter requesting explanations from Prague had already been sent out on 15 December last but the explanations provided in response failed to convince the Commission.
Phallometric tests monitor blood-flow to asylum candidates' penises, when exposed to straight porn. The absence of any reaction is considered proof of the candidate's homosexuality and therefore confirms the validity of their request for asylum. Malmström considers that these tests are a breach of one's private life and human dignity and that they are also “degrading”. The Commissioner considers that these practices should not be allowed in the EU or in the rest of the world. In her letter sent to the Czech Republic, the Commission points out that asylum seekers in danger of being persecuted on the basis of their sexual orientation are therefore eligible for refugee status and that, according to the directives in force, member states must effectively ensure that all conditions are met. Nonetheless, practising these specific tests poses a problem with regard to their compatibility with the principle of proportionality, explains the Commission. The latter believes that these tests are contrary to the Charter of Fundamental Rights and the European Convention on the Protection of Human Rights and Fundamental Freedoms. According to the Commission, the use of these phallometric tests constitutes “humiliating” treatment and can create a feeling of fear, anxiety and inferiority. (S.P.trans/fl)