His Excellency Ayatollah Sadegh Larijani
Head of the Judiciary
His Excellency Mohammad Javad Larijani
Head of the Human Rights Council of the Judiciary
His Excellency Alireza Avai
Head of the Tehran Judiciary
His Excellency Abbas Jaafari Dolatabadi
Tehran Prosecutor
Your Excellencies:
We write this letter to request permission for a Human Rights Watch delegation to visit Iran, in order to further the research we are conducting into the human rights situation of Iranians who self-identify as gay, lesbian, bisexual and transgender (collectively referred to as "sexual minorities"), or individuals who engage in consensual same-sex conduct.
For the past five years, Human Rights Watch has been gathering information, including accounts by Iranians both inside and outside the country who allege a pattern of state-sponsored discrimination against Iran's sexual minorities. In order to complement that research we wish to conduct on-the-ground interviews in Iran, including with government officials in order to discuss the subject and ensure that government views are fully incorporated into our report. Our findings will officially be released in the form of a report in the coming months.
We hope you will grant Human Rights Watch permission to visit Iran to conduct this research. Even if you do not authorize our visit, however, we wish to solicit from you information about laws affecting the rights of sexual minorities, statistics about the number of persons prosecuted for engaging in same-sex relations, any information about the mechanisms or programs the Iranian government has in place to prevent and punish ill-treatment by the police and basij forces of members of Iran's sexual minorities, and any other observations you wish to make so that these may be reflected in our report. We will reflect in the report all pertinent information we receive from you by November 25, 2010.
As you are aware, Iranian law defines the crime of sodomy to include both consensual and coerced sexual relations, whether penetrative or not, between men. The punishment for intercourse between two men is death and for sexual relations between two women (mosaheqeh) is 100 lashes for the first three offenses and the death penalty for the fourth. Similarly, tafkhiz, or the rubbing together of thighs or buttocks (or other forms of non-penetrative "foreplay" between men) is punishable by 100 lashes for each partner. Recidivism is punishable by death on the fourth conviction. In addition, "lustful" kissing between two men (and two women) is punishable by up to 60 lashes, and "[i]f two men who are not related by blood are found naked under the same cover without any necessity," each one will receive up to 99 lashes.
HRW opposes the death penalty on principle. The International Covenant on Civil and Political Rights (ICCPR) states, in Article 6, "In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime." We cannot see how making a capital offense of consensual same-sex relations can be reconciled with this obligation.
We believe that provisions in the Iranian Penal Code that criminalize consensual same-sex relations are inconsistent with Iran's international obligations under the ICCPR. The Human Rights Committee, which interprets the ICCPR, has called on all state parties to repeal laws criminalizing homosexual conduct.
In addition, Iran allows the execution of juvenile offenders, including those alleged to have committed sodomy, even though the ICCPR and the Convention on the Rights of the Child (CRC) prohibit Iran from sentencing individuals to death for any offense committed while they were under the age of 18. Iran is a signatory to both of these international conventions.
Our preliminary findings suggest that there is a relationship between Iran's discriminatory laws against sexual minorities and alleged abuse perpetrated against them by state actors (such as security forces) and by private citizens (including family members). Iran's sexual minorities are often the targets of harassment, abuse, blackmail, extortion, and torture because of their sexual orientation or gender identity. Yet because the law criminalizes same-sex conduct, Iran's sexual minorities cannot avail themselves of the general protections afforded under the law to all Iranians because they fear further discrimination and possible prosecution. In certain instances, particularly in those where the abuse is alleged to have been perpetrated by state actors (including members of the police force or basij), Iran's sexual minorities may be targeted precisely because the perpetrators know that their victims have nowhere to turn.
Moreover, we have collected eyewitness accounts and other information suggesting that Iran's security forces (including the police and basij) rely upon these discriminatory laws to target, arrest, and detain individuals whom they suspect of being "gay" or of belonging to Iran's sexual minorities. This targeting takes place in both public and private spaces, including parks, cafes, and people's homes. We have also documented instances where security forces have targeted individuals over the internet or at private parties whom they suspect of engaging in (or intending to engage in) consensual same-sex conduct.
In addition, a number of the witnesses we contacted alleged instances of ill-treatment, verbal and psychological abuse, sexual harassment, sexual assault, rape, and torture of gays, lesbians, bisexuals or transgender Iranians (or individuals suspected of belonging to these groups). In most cases, the abusive conduct was alleged to have been committed by local police or basij forces, either in public spaces or in detention facilities. If true, these allegations amount to a series of violations of international law, and in some cases, Iran's obligations under its own domestic laws. We would welcome any information about the mechanisms or programs the Iranian government has in place to prevent and punish ill-treatment by the police and basij forces of members of Iran's sexual minorities.
Our research also suggests that at least in some cases, individuals who are arrested and charged with "homosexual crimes" receive summary trials in which judges ignore the strict evidentiary guidelines that the penal code stipulates for such cases. Instead, they rely upon evidence that should be inadmissible as evidence of guilt, including confessions extracted through the use of physical torture and extreme psychological pressure. In some cases, courts have convicted defendants of sodomy charges solely on the basis of "the knowledge of the judge," even in the absence of inculpatory evidence or in the presence of exculpatory evidence. Article 120 of the Iranian Penal Code allows a Shari'a judge to reach a verdict on sodomy based on his "knowledge" as "derived through customary methods," a method that in practice enables judges to rely on tenuous circumstantial evidence to determine whether a crime has occurred. This provision also makes it easy in practice for a judge's individual prejudices toward a defendant's appearance or demeanor to sway his or her rulings.
In closing, we reiterate our request that you allow Human Rights Watch to visit Iran in order to conduct further research and assess the situation of Iran's sexual minorities, and to meet with Iranian officials regarding these and other issues of concern. We would be eager to discuss the modalities of such a visit at your earliest convenience. In any event, our forthcoming report will reflect any pertinent information you provide to us by November 25, 2010.
We look forward to your response.
Sincerely,
Sarah Leah Whitson
Executive Director
Middle East & North Africa Division
