International Gay and Lesbian Human Rights Commission: End executions for Sodomy Charges in Iran

From the International Gay and Lesbian Human Rights Commission:

Join the International Gay and Lesbian Human Rights Commission (IGLHRC), Iranian Queers Organization (IRQO) and COC Netherlands in calling on Iranian authorities to stop the numerous executions of minors and adults accused of sodomy. Also join us in calling on Western countries with significant diplomatic and economic ties to Iran, including Germany, France, Canada, as well as the European Union, to pursue diplomatic efforts to cease these executions.

Use our electronic system below* to send a letter in English to the foreign officials and another letter in Persian to Iranian officials.

The Issue

The Courts in Iran have sentenced a number of men to death after they were accused and convicted of sodomy. Under Iranian law, sodomy includes sexual intercourse between members of the same sex, and is illegal. The punishment for same-sex intercourse between 2 men (Lavaat) is death and between 2 women (Mosaheghe) is 100 lashes for the first 3 offenses and the death penalty for the 4th.

Most, if not all of these arbitrary executions orders follow rushed trials with little adherence to procedure. Judges overseeing sodomy cases often ignore the strict guidelines of the Iranian Penal Code, and instead use questionable investigative methods and inadmissible evidence to decide the case. Frequently, the convictions are based on forced confessions, made under extreme psychological pressure and torture. Additionally, at least 3 lawyers who have defended people accused of sodomy have expressed fear of harassment and intimidation by the government and vigilantes. The courts do not allow independent observers to examine cases. Such practices violate the defendants' human rights to a fair trial, free from torture.

In most cases, the Court convicts the defendants of sodomy charges solely on the basis of "the knowledge of the judge". According to the Iranian law, when there is not enough evidence to convict a defendant of a sexual crime, the judge may use his knowledge, in a deductive process based on the evidence that already exists, to determine whether the crime took place or not. Unfortunately, the excessive use of this principle means that rather than paying attention to evidence, the judge often sentences defendants to death based on his speculations. A number of prominent legal and religious scholars believe that such a broad application of the "the knowledge of the judge" to issue death penalty for sexual crimes is in violation of the letter and the spirit of Sharia law.

Regardless of the procedural errors of the trials, Iran's practice of punishing sexual crimes such as sodomy with the death penalty is cruel, disproportionate to the nature of the crime, and inherently arbitrary under international law. The United Nations Human Rights Committee has stated that under the International Covenant on Civil and Political Rights (ICCPR), to which Iran is a party, applying the death penalty for 'homosexual acts' violates Article 6, and that criminalization of private sexual relations between consenting adults is contrary to Article 17 and 26. Additionally, the Special Rapporteur on Extra-Judicial, Summary, and Arbitrary Executions has expressed concern numerous times about the use of the death penalty for consensual sodomy and has stated that criminalizing sodomy "increases the social stigmatization of members of sexual minorities, which in turn makes them more vulnerable to violence and human rights abuses, including violations of the right to life."

Alarmingly, some of the defendants sentenced to death were tried for sexual acts they were accused of committing as minors. Article 111 of Iran's Islamic Penal Code states that, "Sodomy is only punishable by death if both parties are adults and of sound mind" and Article 6(5) of the ICCPR states that "[A] sentence of death shall not be imposed for crimes committed by persons below eighteen years of age." Thus, neither Iranian law nor international law permits the execution of these young men.

*For petitions, see here and here.

Source: Miami Herald, November 26, 2009

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