Sunday, August 08, 2010

Iran Set to Execute 18-year-old on False Charge of Sodomy

THE OBSERVER: The client of human rights lawyer Mohammad Mostafaei has been sentenced to death in spite of retracted testimony

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Lawyer Mohammad Mostafaei fled into exile after his wife was arrested in Iran two weeks ago. Photograph: The Observer

An 18-year-old Iranian is facing imminent execution on charges of homosexuality, even though he has no legal representation. Ebrahim Hamidi, who is not gay, was sentenced to death for lavat, or sodomy, on the basis of "judge's knowledge", a legal loophole that allows for subjective judicial rulings where there is no conclusive evidence.

Hamidi had been represented by human rights lawyer Mohammad Mostafaei, who has since been forced to flee Iran after bringing to international attention the case of another of his clients, Sakineh Mohammadi Ashtiani, a 43-year-old Iranian mother of two who has been sentenced to death by stoning for adultery. Mostafaei was due to arrive in Norway yesterday to begin a life in exile while continuing his campaigns on behalf of his clients, including Hamidi.

At the same time, human rights activist Peter Tatchell has written to the foreign secretary, William Hague, urging him to contact the chief justice of Iran and ask that the execution be halted.

"Ebrahim's case is evidence that innocent heterosexual people can be sentenced to death on false charges of homosexuality [in Iran]," said Tatchell, co-founder of the London-based gay rights group OutRage.

Hamidi was arrested two years ago in the suburbs of the western city of Tabriz in the East Azerbaijan province after a fight with members of another family. Three of his friends were also involved in the incident and were subsequently arrested. Later, the four were accused of homosexual assault on a man and of attempting to abuse him sexually.

A person convicted of homosexuality in Iran can be lashed, hanged or stoned to death. The law includes a variety of penalties for different acts: 99 lashes if two unrelated males sleep "unnecessarily" under the same blanket – even without any sexual contact. A boy raped by an adult man would also be lashed if the court decided that he had "enjoyed" the experience. >>> Saeed Kamali Dehghan | Sunday, August 08, 2010