Iranian dictatorship executed young gay. Notes on its laws.


The news shocked me, and put the google to find and work.
And I came across an obsolete and violent discrimitario legal system.
Social, reasons perhaps deserve a deeper search and another article.

Once again, Iran’s theocratic dictatorship killed a young gay on a gallows. Arrested two years ago, when I was 17 when was in high school, Hassan Afshar was after his conviction in a “trial” summary of two months. Although he was informed that he would be killed seven months later. On 18 July, finally, he was killed by the State of Iran at 19 years of age in the prison of Arak, located in the province of Markazi. The execution was carried out in secret, even though the authorities had promised to the family of the young that the sentence would be reviewed at a retrial in September of this year.

About laws

The sentence against Hassan was for the crime of lavat-e be onf (“forced anal intercourse with men”, ie, rape), but in the Islamic Republic of Iran, nothing is what it seems. The human rights organization Amnesty International, which denounced this new homophobic murder, warned for years about the use of this perverse legal mechanism – accuse gays of rapists – to disguise the anti homosexual repression terror regime of the ayatollahsa.

Book II of the Iranian Penal Code, dealing with crimes made by the “sharia” (Islamic law) defines the crime of Livat (sodomy) as “sexual intercourse with a man” (art. 108), which can be with anal penetration or “rubbing the penis between the thighs” and says that “both the active and passive subject will be condemned” (art. 109). If there is penetration, the penalty is death and the judge will decide how it is run (art. 110), as there are several ways to do this – the part of the code that describes in detail how the death penalty by stoning be executed is particularly creepy.

The law is quite detailed and thorough in describing the offenses applicable to gays and lesbians, but some clauses give rise to greater outrages. For both members of a gay male couple who practiced anal intercourse are condemned to death, the two (the active subject and liabilities) must be “mature, mentally healthy and capable of decide for themselves” (art. 111).

If a “mature and mentally healthy” man has sex with an “immature” person, he shall be sentenced to death, while the “immature” only receive 74 lashes “if it was not obliged” (art. 112); and if two people “immature” have relations with each other, they are punished with 74 lashes each of them (art. 114). However, who decides whether someone is “mature” it is the judge, allowing cases like Hassan, considered “mature” before 18.

The penalties are different when there is no penetration. For example, if “rubbing the penis between the thighs” receive 100 lashes each (art. 121), although in case of recidivism, the fourth time the punishment is death (art. 122). the death penalty also applies when the active man is not a Muslim, provided the passive yes it is.
If two men who are not family members “lie naked together under the same sheet without any necessity”, punishment may reach 99 lashes (art. 123). And if a man kisses another “lust”, not less than 60 lashes (art. 124). For women, the punishment for the crime of mosaheqeh (lesbianism) is 100 lashes for each of them (art. 129) and “no distinction shall be made between roles, or whether those involved are or are not Muslim” (art. 130). If you reoffend, the fourth time, the punishment is death (art. 131). Finally, if you find two naked women under a blanket, they give them 99 lashes each (art. 134).

All these punishments, however, depend on many factors.

First, we must see how they judge. The crime of “sodomy” could be proven if the accused confesses four times (art. 114) -most confessed under torture, but then withdraw the confession during the trial and report that he was tortured, the courts remain valid; or if four “virtuous” men testify and claim to have observed the act (art. 117). Of course, the witnesses must be male, as the testimony of a woman has no legal value (art. 119).

Another way to “prove” sodomy, following Article 120 is that the judge decides who is guilty “for their own knowledge, according to the custom-based methods.”

All this is perverse. It is against the basic right of individuals. And it’s a farce. And it is what has probably happened in the case of Hassan, as in many others.

The facts

“Hassan Afshar was 17 and studying high school when he was arrested. He had no access to a lawyer and the judicial branch was quick to investigate and prosecute, declaring him guilty and sentenced him to death two months after his arrest”, complains Magdalena Mughrabi, associate director of for the Middle East and North Africa at Amnesty International.

Worldwide, there are still 74 countries and 4 other territories where homosexual relations are considered crime. According to a report by the international human rights organization ILGA, in 13 of those countries homosexuals may be sentenced to the death penalty.

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