An Iranian court has sentenced four men from the town of Choram, in the Kohgiluyeh and Boyer-Ahmad Province, to death by hanging for sodomy.
The four men — identified as “Saadat Arefi,” “Vahid Akbari,” “Javid Akbari,” and “Houshmand Akbari” — were due to be executed shortly after their verdict was approved recently by high court judges, according to a report from the Human Rights Activist News Agency (HRANA) in Iran.
According to HRANA and JOOPEA, the men will be hanged for sodomy in accordance with Sharia law.
A gay activist based in Iran said, “Although being gay is not a crime based on Iranian criminal law but this is the most clear statement against same sex-acts in past months.”
He added that “there wereof our other men hanged in past five months.”
London based Iranian Human Rights Lawyer, Mehri Jafari said, “I am horrified and saddened to have heard the news about these four men. Not only with regards to the execution which is about to take place, but the fact that is beyond our control.”
“There are two important issues in this case; the location of the alleged occurrence and the interpretation of the Sharia’ law that a Hodud (strict Sharia punishment) is eminent.
“Kohgiluyeh and Boyer-Ahmad is one of the most undeveloped provinces in Iran and it is obvious that a lack of access to lawyers and fair trial can be considered a serious issue in this case. After this announcement it is very likely that the execution will be carried out soon, and the remote location makes it difficult to exert any influence on the process.”
Jafari further pleaded, “I hope international organizations act quickly and effectively on this specific case.”
Gorji Marzban, chairperson of the Austrian-based Oriental Queer Organization (ORQOA) said, “The recent death sentence for the four Iranian men is a shocking reality and demonstrates the discrepancy between Western and Islamic perception of queer life.”
“Last month the Iranian authorities hanged a young man and the local news agencies and authorities were intentionally unclear about the reason for the death penalty. In the case of these four men we have a clear text attributing the reason for hanging is sodomy,” Marzban said.
“The judicial denial of same-sex relationships in Iran stems from its relationship to Shari’a law and patriarchy. This is a warning signal not only for the queer population of Iran but also for all types of gender inclusive the heterosexuals who have sexual relations outside marriage.
“The death penalty has failed to eradicate homosexuality from Iran but it was successful to force queer people into the closets. Sooner or later any Islamic community is obliged to integrate queer people. We believe that Iranians should gain more gender equality and rights and wholly condemn such an archaic sentence to murder which is inherently unislamic!”
Human Rights Watch (HRW) in its 2011 report — We are a Buried Generation: Discrimination and Violence Against Sexual Minorities in Iran — stated that because trials on moral charges in Iran are usually held in closed sessions, it is difficult to determine what proportion of those charged and executed for same-sex conduct are gay and in what proportion the alleged offense was consensual.
Because of the lack of transparency, Human Rights Watch said, “It cannot be ruled out that Iran is sentencing sexual minorities who engage in consensual same-sex relations to death under the guise that they have committed forcible sodomy or rape.”
The issue of the death penalty for same-sex acts is further compounded by the fact that the Iranian legal code does not differentiate between rape and homosexual acts.
In many cases, it is often unclear whether the accused has actually committed a sexual act or it is a mere accusation based on some dispute. Even in the cases where the same-sex act has happened, often it is not clear whether the individuals involved are actually gay or it is an occasional act of sexual gratification.
Iranian Human Rights activists constantly note the fact that the two genders are strictly segregated increases the tendency for same-sex acts among the youth, in a phenomena that is also similarly known in single gender prisons. Indeed this phenomenon happens throughout highly segregated societies in the Middle East and North Africa.
Source: LGBTQ Nation, Dan Littauer, May 12, 2012. Mr. Littauer is an international correspondent for LGBTQ Nation, based in Glasgow, Scotland.
Iran to execute 4 men convicted of sodomy
The Iranian judiciary this week upheld the death penalty for 4 men convicted of sodomy, according to the Human Rights Activists News Agency (HRANA).
The agency distributes reports in Persian from human rights reporters throughout Iran.
According to the report, the four men – named as Saadat Arefi, Vahid Akbari, Javid Akbari, and Houshmand Akbari, all from the city of Charam in Iran’s remote southeastern province of Kohgiluyeh and Boyer-Ahmad – were convicted of sodomy (“lavat” in Farsi).
Lavat refers to male same-sex relations and in Iranian law is defined as “an act of congress between males whether in the form of penetration or the rubbing of thighs.”
Under the Iranian legal system, which is based on Shi’a Islamic law but retains aspects of civil law, eight crimes including murder, rape, drug trafficking and sodomy can be capital offenses.
Under Islamic penal law, sodomy – like rape and adultery – is a “hadd” crime (from the Arabic word meaning “limit”). In cases where penetration has occurred, and where both partners are “mature, of sound mind, and acted of free will,” lavat is punishable by death, usually hanging.
Human rights and gay activists slammed the ruling.
In an email to The Jerusalem Post on Tuesday, David Keyes, executive director of the NGO Advancing Human Rights, wrote: “When the Iranian president came to New York, he said there were no gays in Iran, but four men are about to be hung in Iran for being gay. Putting someone to death for their sexual preference tells you everything you need to know about the Iranian theocracy.”
UK gay online media outlet Pink News cited Iranian human rights lawyer Mehri Jafari as saying he was “horrified and saddened” by the events. “Not only with regards to the execution which is about to take place, but the fact that is beyond our control,” he said.
Jafari noted that the province where the 4 defendants are from, Kohgiluyeh and Boyer- Ahmad, is one of the most undeveloped in Iran.
“It is obvious that a lack of access to lawyers and a fair trial can be considered a serious issue in this case,” he said. “After this announcement it is very likely that the execution will be carried out soon, and the remote location makes it difficult to exert any influence on the process.”
Stuart Appelbaum, a leading US gay rights activists and head of the Jewish Labor Committee, called for protests against the Iranian court ruling.
“Civilized people throughout the world must stand up and let their voices be heard about this barbarism and inhumanity – regardless of their views on gay rights.
“We must demand that Iran prevent these murders from occurring. Anything less diminishes our own humanity,” Appelbaum told the Post.
Gay Israeli journalist Yoav Sivan told the Post that European countries should “show leadership” about Tehran’s treatment of homosexuals.
Jayson Littman, founder of the gay pro-Israel organization Out! for Israel called on the the international LGBT (lesbian, gay, bisexual and transgender) activist community to highlight “the persecution of LGBT people in all areas of the Middle East, specifically Iran,” and to help gay Iranians fleeing the regime find asylum in the West.
Source: Jerusalem Post, May 17, 2012
An online petition urging Iranian authorities to stop the hanging of four men for "sodomy" can be signed HERE.