You don't even need to be gay or lesbian in Iran to be in mortal danger - a simple, unfounded accusation can be enough to see you sentenced to death. On the 8th of July 2010, the famous Iranian human rights lawyer, Mohammad Mostafai, announced in a press release, that three of his four clients were cleared of sodomy charges, but one, an eighteen year old youth named Ebrahim Hamid, was sentenced to be executed.

Hamidi was sentenced to death for an accusation at an attempt at a sexual assault. Following a fight in the countryside outside Tabriz with a family against which his own had been feuding for some time, Hamidi was picked up with three friends by the police. The four were told that one of the guys from the other family with whom the four were fighting accused them of an attempt at sexual assault. The "testimony" the accuser gave to support this claim was that during the fight his own trousers were 20cm "below what is normal", implying that the four attempted to strip him naked and assault him.

The four accused were arrested based on this allegation and in the initial interrogations they were tortured and pressured to confess to the crime. Ebrahim Hamidi signed his confession sheet to stop his torture; he was hanged from his legs and beaten, in addition, he was battered so badly that his interrogators broke a glass desktop during questioning. According to his lawyer, and the three friends who witnessed the beatings, he confessed to the crime he did not commit. All four were tried in two consecutive provincial criminal courts and were sentenced to execution.

Saghi Ghahraman - CEO of IRQO

During their third trial, the three were cleared of charges and Ebrahim was
again sentenced to execution. This despite the fact that two out of the five
judges admitted that none of the accused were guilty of the allegations.
Even more astounding is that the youth who originally accused the four of
sexual assault had withdrawn his accusation. He gave recorded testimony
to the police that his accusation was false and was given under pressure from
his parents. In other words the accuser admitted that he was lying due to
parental pressure. On top of that the case was turned down twice by the
Supreme Court of Iran, yet still the provincial court insists on executing Ebrahimi.

In his report Mr. Mustafaei wrote: "I have asserted in the past that many of execution cases I took on were flawed to the point that an execution verdict couldn't possibly be issued. This case too, is one of those cases where an innocent person is ordered to be executed."

GME has interviewed Ms. Saghi Ghahraman, CEO of the Canadian based Iranian Queer Organization (IRQO) on this case. Ms. Ghahraman stated that: "execution is an inhumane and brutal punishment." She added that this "specific case which is tied, for no reason, to homosexuality", is completely without foundation and unjust. To Saghi, the harsh treatment of homosexuality is enough to have any person whether straight or gay, to be put to death. This law is not only wrong in condemning to death innocent people but damages families and severely scar whole communities. Saghi is deeply alarmed by the execution order for Ebrahim Hamidi. She reiterates that Hamidi is not even "accused of homosexuality, but of sexual harassment based on a false accusation, without any evidence," by a mere decision of a judge.

To GME this appears as a face saving measure of a flawed judicial procedure, which surely should be repealed by the judiciary of Iran. GME joined IRQO in requesting the Judiciary of Iran to annul the verdict. Furthermore, a repeal of the sodomy laws which are both inadequate and unjust would benefit Iran as a whole and give it much esteem in the eyes of the international community.

IRQO has reported the case to the Iranian Committee for Human Rights Reporters and to the International Gay and Lesbian Human Rights Commission.

GME has also reported this case to Amnesty International.

Mostafai's statement: http://www.modafe.com/NewsDetail.aspx?Id=415

Committee for Human Rights Reporters: http://chrr.biz/spip.php?article10187

By Dan Littauer, GME Editor and Joshua Hunt, contributing journalist.
14.7.2010