If homosexuality is punishable by imprisonment in the country of origin, the foreigner is entitled to protection in Italy

Judge ruling: Cassazione Civile, Sezione Sesta, ordinanza del 20 settembre 2012, n. 15981

Contrary to what the Court of Appeal has done, it should be recognized that the penalty for homosexual acts in art. 319 of the Penal Code of Senegal is in itself a general condition of deprivation of the fundamental right to live their sexual and emotional lives freely. As a result the people of homosexual orientation are forced to violate the criminal law of Senegal and to be subject to severe penalties in order to live their sexuality freely. This constitutes a serious breach in the private lives of homosexual Senegalese citizens and which greatly compromises their personal freedom. Such a violation of a fundamental right, enshrined in the Constitution of the ECHR and the Charter of Fundamental Rights of the European Union, which is binding in this matter, is reflected automatically on the individual condition of homosexual persons by placing them in an objective situation of persecution such as to justify the granting of the protection being sought.

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