Homosexuality in Iran

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Two men having sex in Safavid Iran ; Persian miniature from 1720
Protest in Oslo with the Iranian and rainbow flag against the execution of gays in Iran

Homosexuality is taboo in Iran and homosexual acts are punishable by law. Over 4,000 homosexuals have been publicly executed in Iran since the Islamic Revolution of 1979.

Legal position

In Iran , Articles 63 to 164 of the Criminal Code deal with zina , which are offenses involving unauthorized sexual intercourse that are punishable by hadd (“God's legal claims”).

  • Art. 74: The illicit sexual intercourse is proved by four righteous male witnesses or by three righteous male and two righteous female witnesses.
  • Art. 108: Homosexual intercourse is the sexual intercourse of a man with a man through penetration of the limb or sexual intercourse.
  • Art. 110: The Hadd penalty for homosexuality in the form of intercourse is the death penalty . The method of killing is at the discretion of the religious judge.
  • Art. 121: The hadd punishment for similar or comparable acts between two men without penetration of the limb consists of a hundred lashes for both parties.
  • Art. 122: If the intercourse-like or comparable acts are repeated three times, the Hadd penalty is the death penalty after the fourth repetition.
  • Art. 123: If two men who are not related by blood lie naked under the same blanket without necessity, both are punished with a Taʿzīr punishment of up to 99 lashes.
  • Art. 124: Anyone who kisses another out of lust is punished with a Taʿzīr penalty of up to 60 lashes.
  • Art. 126: If a person repents who has committed homosexual intercourse, sexual intercourse or comparable acts before the witnesses have testified, the hadd penalty does not apply; however, if she repents after the witnesses have testified, the hadd penalty does not apply.
  • Art. 129: The Hadd penalty for lesbian intercourse consists of 100 lashes.
  • Art. 131: If lesbian intercourse has been repeated three times and a hadd penalty has been imposed each time, the hadd penalty is the death penalty after the fourth repetition.

In 2005, international media reported on the execution of Iranian youths Mahmoud Asgari and Ayaz Marhoni in Mashhad , which led to criticism from Iran for failing to respect human rights . In 2005, the hanging of two other Iranian men in Gorgan also got into the media coverage of human rights groups.

It is noticeable that transsexuality is not a criminal offense in Iran due to a fatwa by Ayatollah Khomeini . If one of the parties involved has a gender reassignment operation carried out, so that supposedly heterosexuality is preserved, both will remain unpunished.

Social situation

Because of the illegality, there are no LGBT communities in Iran. Homosexual people are pushed into the social underground. In general, social life is severely restricted due to strict religious regulations and state surveillance by the police and the secret service. In 2008 the film director Tanaz Eshaghian released the documentary Be Like Others , which deals with the social pressure and state repression against Iranian transsexual and homosexual people. The LGBT organization Iranian Railroad for Queer Refugees was founded in Canada .

Not least because of the reprisals, Iranian President Mahmoud Ahmadinejad was able to claim that there are no homosexuals in Iran. The age of consent for marriage - in addition to the fatwa - is 14 years for boys and 9 years for girls.

See also

literature

  • Penal laws of the Islamic Republic of Iran (=  collection of extra-German penal codes in German translation , vol. 106). Translated and introduced by Silvia Tellenbach. Ed. A. Eser, H.-H. Jescheck, G. Kaiser. Walter de Gruyter, Berlin / New York 1996, ISBN 3-11-014884-6 (also published in: Der Prophet des Islam ( Memento from May 9, 2012 in the Internet Archive ) (www.derprophet.info), Working Group on Religion and Human Rights ).

Web links

Individual evidence

  1. Homosexuality under penalty: Iran wants to execute 18-year-olds despite false accusations , SPON of August 8, 2010
  2. Quoted from: Criminal Laws of the Islamic Republic of Iran ( Memento of May 9, 2012 in the Internet Archive ), Collection of Extra-German Criminal Laws in German Translation, Vol. 106, Berlin 1995.
  3. Amnesty International: Iran continues to execute minors and juvenile offenders
  4. Human Rights Watch: Iran: Two More Executions for Homosexual Conduct (English)
  5. Queer: Iran: Homosexuality is a disease
  6. Amnesty USA: Amnesty International Calls on Iran to Explain Arrests of 17 Men Who Were Reportedly Beaten and Held for “Homosexual Conduct”, Saying They May Have Been Tortured in Prison ( Memento of the original from February 21, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (English) @1@ 2Template: Webachiv / IABot / www.amnestyusa.org
  7. Human Rights Watch: Iran Private Homes Raided for Immorality (English)
  8. ^ Iranian Railroad for Queer Refugees
  9. Antonia Rados : Gay? Doesn't exist here ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , in: Cicero , November 2007. @1@ 2Template: Webachiv / IABot / www.cicero.de
  10. Tahrirolvasyleh , 4th edition, Qom 1990.