Tuesday, November 6, 2007

Iran and Homosexuals.

I got this in my email. I cannot comment really. It just leaves me in tears.

Yeah, there are no homosexuals in Iran, because they have been murdered off. A genocide, because of sexuality. Indeed it is.

Iran: Stop the Execution of Child Offender Convicted of Sodomy


The International Gay and Lesbian Human Rights Commission (IGLHRC) has learned that Makvan Mouloodzadeh, a 21-year old Iranian citizen of Kurdish origin from the city of Paveh, in the Western province of Kermanshah, has been sentenced by the government to execution. Makvan has been convicted of multiple counts of anal rape and sentenced to execution for crimes allegedly committed when he was 13 years old. IGLHRC calls for an international response to stop this scheduled execution.

Imposing the death penalty for crimes committed by juveniles is prohibited under international law as well as by the Iranian legal system. In addition, IGLHRC calls on the international community to condemn the use of the death penalty as a punishment for any sex or morality-related crime, whether consensual or non-consensual, as unnecessarily extreme. In this case, since none of the alleged victims ever claimed to have been raped, and all of them admitted to the court that their initial accounts of sexual intercourse with Makvan were false and had been acquired under coercion, the imposition of the death penalty is especially objectionable.

As an organization dedicated to defending the rights of sexual minorities worldwide, the International Gay and Lesbian Human Rights Commission (IGLHRC) objects to any law, policy or ruling that penalizes consensual homosexual relationships among adults.


IGLHRC requests that you send letters in English or Persian to the following Iranian officials, demanding that the order of execution in the case of Makvan Mouloodzadeh be withdrawn:

  1. Please also email a copy of your correspondence to IGLHRC at: halizadeh@iglhrc.org

    Sample Letter

    His Eminence Ayatollah Seyed Ali Khamenei, Supreme Leader of the Islamic Republic of Iran,

    Your Eminence,

    I am writing with regard to reports of the pending execution of Mr. Makvan Mouloodzadeh, a 21-year old Iranian citizen from the city of Paveh in Kermanshah Province. On June 7, 2007, Mr. Mouloodzadeh was found guilty of multiple counts of anal rape (ighab), allegedly committed as a minor when he was 13 years old. The Seventh District Criminal Court of Kermanshah sentenced him to death. Despite his lawyer’s appeal, the Supreme Court has upheld his death sentence.

    Mr. Mouloodzadeh’s sentence violates international law, as well as various legal codes of the Islamic Republic of Iran. According to Article 6(5) of the International Covenant on Civil and Political Rights and Articles 49 and 111 of the Islamic Penal Code, crimes committed by minors cannot be punished by death.

    Moreover, although no one ever accused Mr. Mouloodzadeh of rape, the judge used a principle known as “Knowledge of the Judge” to issue a ruling finding the defendant guilty. This is a violation of Article 120 of the Islamic Penal Code, which clearly states that the knowledge of the judge should be obtained through “conventional methods.” All parties involved in this case told the court that their statements made during the investigation were either untruthful or coerced, facts that make the court ruling invalid under Article 116 of the Islamic Penal Code.

    Furthermore, unlawful techniques and procedures were used to gather evidence for this case, which according to the Section 3 of Article 3 of the Legal Amendment of the Laws Governing Public and Revolutionary Courts, puts into question the legality of the court ruling.

    As the highest-ranking religious and political authority in the Islamic Republic of Iran, it is within your legal and constitutional power to order the postponement or the cancellation of the execution, request a reexamination of the case, and even grant amnesty to Mr. Mouloodzadeh. I plead with you to use your authority to save the life of this innocent citizen.

    I would like to thank you in advance for your kind attention to this important legal case, and potentially for saving the life of Mr. Makvan Mouloodzadeh.


    ( Name, address. Organization)

    Background information

    The District Attorney’s office issued an order for Makvan’s arrest on October 1, 2006, after the local office of the Intelligence Service received a complaint from Makvan’s cousin claiming, in rather vague language, that Makvan had “victimized” him when both were minors. During subsequent investigations, the cousin also claimed that Makvan had engaged in homosexual sex with other people when he was aged 13. These individuals were brought in for questioning and each confessed to having had homosexual sex with Makvan. But according to media reports, none of these individuals claimed to be a victim of rape. During the interrogation process, Makvan was forced to confess to one case of sodomy while he was a middle school student.

    Makvan’s trial took place at the local branch of the Criminal Court in Kermanshah City. However, several key witnesses refused to appear in court, and the three witnesses who did appear before the judge each retracted their earlier testimony, claiming to have lied to the authorities under duress. Makvin also told the court that his confession was made under coercion and pleaded not guilty. But the judge refused to accept the witnesses’ retractions. Although it is standard practice in the Iranian legal system to send alleged rape victims for a medical examination to check for evidence of sexual crimes, including sodomy, the judge did not require this procedure in this case, which could have potentially proved the innocence of the defendant.

    In the absence of adequate evidence, the judge used an Iranian legal principle known as “Knowledge of the Judge,” to declare that he was certain Makvan had raped his victims. According to the Iranian legal code, when there is not enough evidence to convict a defendant of sexual crimes, 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.

    The judge found Makvan guilty of full penetrative homosexual sex (ighab) and sentenced him to death on June 7, 2007. The following month, Makvan’s lawyer lodged an appeal with the Iranian Supreme Court. In a ruling on August 1, 2007, the Supreme Court upheld the lower court’s decision.

    Makvan is currently in Kermanshah’s city’s jail. Since the execution order has already been issued by the Attorney General’s office, he is in danger of being the victim of a public hanging at any time.


ssB! said...

crying is ok...u cry.. but 4 God's sake dont b too overly dramatic!! Genocide???? pliz, u dont kno the 1st thing abt genocide!!...1,2,3 cases of segregation IN COURT &u call that genocide??..go to rwanda and ask the hutus how many wer killed after court hearings, then ask the jews the same afterwards??...

ssB! said...

missed out a vital word..ask hutus how many tutsis wer killed after court hearings (beta still,ask e tutsis themselves)...

gayuganda said...

Ok brother, let me stop the tears a moment.

What is genocide? My dictionary here says ‘the murder of a whole group of people.’ I respect my brothers in Rwanda. That was a genocide aimed at the Tutsi. And for the Jews, I am no holocaust denier.
Now sir, or madam. I have it from a very good authority, The President of the Islamic Republic of Iran that there are no homosexuals in Iran.

Now, we take it for granted that Iranians are human beings. And the rate of homosexuals is a minority of about 3% of the general population. So, how does the population of Iran happen to have no homosexuals?

How long has the Islamic Republic been hanging homosexuals? Since the revolution definitely, that was 1975 isn’t it? We do not have any figures on how many have been killed. We know very little from within the country.
The world laughed when His Excellency Dr. Mahmood Ahmadinejad, the Iranian President stated that there were no homosexuals in Iran. But why not? How many have been hanged for being homosexual? For how long? What if they have really killed off the 3% of the population which is homosexual?
And since they are still killing them, why, oh, why do you say that this is not a genocide?
Arent homosexuals people? Or is the death of a group apart from homosexuals qualify as genocide but not homosexuals?

ssB, the ball is in your court. Convince me that it is not genocide. I am willing to listen. Please, I am willing to be convinced.

Does genocide not have to be in court? Or are you talking about some other country? The law that mandates death for being a homosexual is a genocidal law, to all intents and purposes.

Why, oh, why do you say this is not genocide?


Anonymous said...

I don't think it's a genocide either, and I am pretty sure there are many homosexuals in Iran, and known to be that. Iran is a big and complex society, with many nasty aspects, no doubt, but things aren't as simple as human rights campaigners present them. I remember having read an article where it is said also that the law accepts that you change your gender in Iran (I guess rather than being a full homosexual man, so it IS a sick law). In societies with homophobic laws, it's usually the poor that suffer from the law, and so I'd be curious to know the social background of this guy. It's probably more about that than about sexuality. What I also find interesting is this legal system, quite contrived in fact, even when compared to others in Muslim countries that applies religious jurisprudence.
But genocide... Nah.
I just concur that if this guy is killed on such ridiculous basis, then it is a legal crime. Alas! So many of them are committed throughout the world everyday. I am gay like you and understand your emotion, but ssb is right that we should have a sense of proportion, otherwise people won't listen to us.

gayuganda said...

Iran does kill its homosexuals.Check out this

Iranian Official Confirms Gay Executions

gayuganda said...

Great news. The execution was stayed!!! It may sound crazy but I do know that this kind of pressure does work. Even in holes like my dear country.

Here is the IGLHRC Press release

Execution in Iran Halted: IGLHRC Cites Global Protest as Central

Contact: Hossein Alizadeh, IGLHRC Communications Coordinator, 212-430-6016

(New York, Wednesday November 14, 2007) - The International Gay and Lesbian Human Rights Commission (IGLHRC) has learned that the Iranian Chief Justice, Ayatollah Seyed Mahmoud Hashemi Shahrudi, has nullified the impending death sentence of Mr. Makvan Mouloodzadeh, a 21-year old Iranian citizen found guilty of multiple counts of anal rape (ighab), allegedly committed when he was 13 years old. The Iranian Chief Justice described the death sentence to be in violation of Islamic teachings, the religious decrees of high-ranking Shiite clerics, and the law of the land.

"This is a stunning victory for human rights and a reminder of the power of global protest," said Paula Ettelbrick, IGLHRC's executive director, who on November 5 sent a letter in Persian and English asking that Iranian authorities intervene to halt the execution.

The verdict in Mr. Mouloodzadeh's case was questionable from the outset. Although no one ever accused him of rape, the court declared otherwise. All parties involved in the case told the court that their statements during the investigation were either untruthful or coerced. The investigation was also riddled with procedural irregularities.

Recognizing that the death sentence in this case violated both international law and the Penal Code of the Islamic Republic of Iran, IGLHRC took action. In addition to writing letters to the Iranian authorities, IGLHRC issued an action alert on November 5, 2007, which prompted other human rights advocates to similarly object. Activists from around the world responded by sending over 100 emails demanding an immediate halt to Makvan's execution. Other human rights organizations, including Amnesty International, Human Rights Watch, and the Iranian Queer Organization issued action alerts of their own.

"It is absolutely imperative that we halt the deplorable use of the death penalty to force social conformity," said Ettelbrick. "We hope that Makvan's case and the profound rejection of the death penalty by the Iranian Chief Justice sets the course for the future in Iran."

After a designated group of judges from the Chief Justice's office formally nullifies the court's decision, the case will be sent to a local court for retrial.

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