A message from IRanian Queer Organization (Formerly Persian Gay & Lesbian Organization) in regards for the 3^rd International Congress Against Capital Punishment

1st to 3rd of February, Paris

No to Capital Punishment

Capital punishment is not a punishment, it is violence and it is violating, under the law, one’s right to live. Iran is among nine countries who carry out this law. The rate of executions in Iran is second to China’s first place. 

Queer Iranians, as the very persons condemned to death under Iran’s Islamic laws, we are keen to protect our right to live; we renounce this inhumane law.

As the 3^rd congress against capital punishment is about to be held in Paris, France’s foreign affairs minister wrote to us:

From: French Republic

26 AVR.06 007075CM Ministry of Foreign Affairs, Paris

 With the greatest attention I read your letter dated on March 15, 2006, through which you have shared significant information about the situation of homosexual people in Iran with me.  In too many countries, homosexuality is considered as a penal infringement, and as a crime.  For ten of these countries, including Iran as you have rightly mentioned it, the highest punishment that might incur is the death sentence.  France wishes the abolition of the discriminatory legislations of Iran’s government, and highly condemns the Islamic government’s rules against homosexuals.  These rules utterly violate the major human rights that are acknowledged under many international human rights agreements and Western accepted constitutions.  Strongly standing for these acknowledged human and civil rights is why, at the time of the 61éme commission of human rights, France, like many other countries, joined the declaration of denouncing discrimination on the basis of sexual orientation in any part of the world.  In addition, we supported the World Organization’s project with participation of the Economic and Social Council of the United Nations to defend the rights of homosexuals on economic and social grounds.  Among the organizations that we have been knowing and supporting in past are the International Lesbian and Gay Association (ILGA) and the Danish National Association for Gays and Lesbians.  I must include that by taking these steps, we have confronted the opposition and denial of the theocratic Iranian government along with some other ultraconservative governments. 

Due to its commitment to abolish the execution of gays and lesbians worldwide, the European Union vigorously objected the Iranian (Islamic) court’s death sentencing two young homosexuals (one of whom was a 16 years old teenager), in addition to similar cases and verdicts that took place in Nigeria and Sudan.  The fight against death penalty and all forms of discrimination constitutes one of our top priorities as a member of the Union.  France allocates huge amounts of enriched human and financial resources and receives help and cooperation of other countries, international organizations and conventions to make further and better changes in social and legal aspects of homosexuals’ life, and attempts to establish their rights in other parts of the world too.  No one should be discriminated because of his/her sexual orientation: This right belongs to each and every person on the planet, and no one person should be authorized to interfere and infringe upon the others’ private life matters based on self-judgement and self-belief. 

Sincerely yours

Philippe Douste-Blazy

France Foreign Affairs Minister

April 26, 2006

IRanian Queer Organization asks for decriminalization of homosexuality in Iran’s Islamic laws, and wishes for a day in which there are no capital punishments in the world.

Arsham Parsi

Secretary-General

IRanian Queer Organization – IRQO
Formerly Persian Gay & Lesbian Organization – PGLO

 

 Islamic Republic of Iran's punishment code on Homosexuality

Appendix
 Complete Text of the Iranian Law on Homosexuality

Part Two: The Hadd of Lavat
Chapter One: The Definition of Lavat
Article 108: Lavat is an act of congress [vati] between males whether in [the form of] penetration or of tafkhiz (the rubbing of thighs/of the penis against thighs).
Article 109: Both the active and passive partners to lavat are subject to the hadd [punishment].
Article 110: The hadd [punishment] for lavat where penetration has occurred is death and the method of execution is at the discretion of the Sharia judge.
Article 111: Lavat is punishable by death so long as both the active and passive partners are mature, of sound mind, and have acted of free will.
Article 112: If a mature man commits an act of lavat with a minor the active partner [i.e. mature man] will be executed and the passive partner will, unless he has acted under duress, receive up to 74 lashes of the whip.
Article 113: Whenever a minor commits an act of congress [vati: i.e. whether penetrative or in the form of “tafkhiz or similar acts”] with another minor [both] will receive up to 74 lashes unless one of them has acted under duress.
 

Chapter Two: Methods of Proving Lavat
Article 114: The hadd [crime] of lavat is proven by confession repeated four times before a Sharia judge.
Article 115: Less than four confessions do not incur the hadd [punishment] and the person who confesses will be subject to a discretionary punishment [ta‘zir].
Article 116: Confession is valid when the confessor is mature, of sound mind, in control, has free will and [acts with] intention.
Article 117: The hadd [crime] of lavat is proven by the witness of four just men who have observed the act.
Article 118: The hadd [crime] of lavat is not proven by the witness of fewer than four just men and the witnesses will be subject the hadd [punishment] for slander (qazaf).
Article 119: The witness of women alone, or in conjunction with men, does not prove the hadd [crime] of lavat.
 Article 120: The Shari’a judge may rule [issue a verdict] on the basis of the knowledge which he has acquired through generally accepted methods (i.e. his deductions and examinations).
Article 121: The hadd [crime] of tafkhiz and similar acts between two men, without penetration, will be punished by 100 lashes for each [party to the act].
Note to Article 121: If the active partner is non-Muslim and the passive partner is Muslim the punishment for the active partner is death.
Article 122: If tafkhiz and similar acts are repeated three times, and have each time incurred the hadd punishment on the fourth offence the hadd (punishment) will be death.
Article 123: If two men, unrelated to one another, lie, without necessity, naked under the same cover, they will each be punished by up to 99 lashes of the whip.
Article 124: If a man kisses another with lascivious intent they will be punished by up to 60 lashes of the whip.
Article 125: If a man who has committed an act of sodomy (lavat) or the rubbing of thighs (tafkhiz) or similar acts repents before witnesses have delivered their testimony he will not be subject to the hadd punishment. If the man repents after the testimonies have been delivered, he will be subject to the hadd punishment.
Article 126: If sodomy (lavat) or the rubbing of thighs (tafkhiz) or similar acts is established by confession, and the person who has confessed subsequently repents, the judge may request the Vali-ye Amr [the Supreme Leader] to exercise clemency.

Chapter Three: Lesbianism (mosaheqeh)
Article 127: Mosaheqeh is a same sex relationship between women with genital contact.
Article 128: The methods of proving mosaheqeh are the same as those for sodomy.
Article 129: The hadd punishment for mosaheqeh is 100 lashes of the whip for each party.
Article 130: The hadd crime of mosaheqeh may be proven in the case of those who are mature, of sound mind, and who have acted with intention.
Note: In the hadd crime of mosaheqeh there is no distinction between the active and passive party or between Muslim and non-Muslim parties [to the act].
Article 131: If mosaheqeh is repeated three times and the hadd has been carried out on each occasion, the hadd punishment on the fourth occasion will be death.
Article 132: If a person who has committed an act of mosaheqeh repents before witnesses have delivered their testimony she will not be subject to the hadd punishment. If the person repents after the testimonies have been delivered, she will be subject to the hadd punishment.
Article 133: If the act of mosaheqeh is established by confession, and the person who has confessed subsequently repents, the judge may request the Vali-ye Amr [the Supreme Leader] to exercise clemency.
Article 134: If two women, who are unrelated to one another, lie, without necessity, naked under the same cover, they will each be punished by less than 100 lashes of the whip. If the act is repeated and the ta‘zir punishment is in each case administered, on the third occasion the hadd punishment of 100 lashes will be incurred.