Iran court sentence four men from the town of Choram, in the
Kohgiluyeh and Boyer-Ahmad Province, to death by hanging for sodomy.
Four men named ‘Saadat Arefi’, ‘Vahid Akbari’, ‘Javid Akbari’ and
‘Houshmand Akbari’ are 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.
The four men are said to be from the town of Choram, in the Kohgiluyeh and Boyer-Ahmad Province of Iran.
According to HRANA and JOOPEA, these four men will be hanged for sodomy according Shari’a 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.’
Mehri further pleaded: ‘I hope international organisations 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. The rhetoric of
announcement makes the link between same-sex sexual activity, or sodomy
with corporal punishment very clear. Last month the Iranian authorities
hanged a young man and the local news agencies/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.
‘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 - 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.
Furthermore, 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.
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