UK Home Office Disgraces Itself Again
Agenda07
12-03-2008, 19:14
Now Iranian lesbian who fled to Britain faces deportation (http://www.independent.co.uk/news/uk/home-news/now-iranian-lesbian-who-fled-to-britain-faces-deportation-792819.html)
By Robert Verkaik, Law Editor
Friday, 7 March 2008
An Iranian lesbian who fled to Britain after her girlfriend was arrested and sentenced to death faces being forcibly returned after losing the latest round in her battle to be granted asylum.
The case of Pegah Emambakhsh, 40, comes a day after The Independent reported on the growing public outcry over the plight of a gay Iranian teenager who fears he will be executed if he is deported to Iran.
Both cases have provoked international protests against Britain and led to calls for an immediate moratorium on the deportation of gay and lesbian asylum-seekers who fear they will be persecuted in Iran.
More than 60 MEPs have signed a petition asking Gordon Brown to reverse the decision on Mehdi Kazemi, 19, who escaped to the Netherlands after the Home Office refused him asylum last year. His case is still before Dutch judges who will decide this month whether he should return to Britain where he faces deportation to a country which has already executed his boyfriend.
Gay rights group claim there are dozens more cases of gay and lesbian asylum-seekers living in Britain in fear of persecution and facing harsh punishments if forced to return to Iran.
Ms Emambakhsh came to the UK in 2005 fearing for her life after her partner had been arrested by Tehran police. Iranian gay rights groups have reported that that partner is in custody under sentence of death by stoning. Speaking through her asylum representative in Sheffield yesterday, Ms Emambakhsh said: "I will never, never go back. If I do I know I will die."
Under the Iranian Islamic Punishment Act, lesbians found guilty of sexual relations can be sentenced to 100 lashes. But, for a third offence, the punishment is execution.
Ms Emambakhsh narrowly avoided deportation in August last year but only after her local MP, Richard Caborn, and other parliamentarians persuaded the Government to allow her to stay while further legal avenues of appeal were explored. She says she was already on the way to Heathrow when she learnt of her last-minute reprieve. But last month the Court of Appeal turned down her application for permission for a full hearing. Ms Emambakhsh said yesterday that she was "very disappointed" by the ruling but planned to apply for a judicialreview at the High Court. The Home Office has also agreed to consider fresh legal representations on her behalf.
The Liberal Democrat MEP Baroness Ludford has written to the Home Secretary to request her urgently to review the case of Mehdi Kazemi. Lady Ludford, the party's European justice spokesperson and a member of the European Parliament's Gay and Lesbian Rights Intergroup, said: "Jacqui Smith must recognise and act on the real threat of persecution and even execution which Mr Kazemi would face if he was to be deported to Iran."
Mehdi Kazemi, 19, came to London to study English in 2004 but later discovered that his boyfriend had been arrested by the Iranian police, charged with sodomy and hanged.
In a phone conversation with his father in Tehran, Mr Kazemi was told that, before the execution in April 2006, his boyfriend had been questioned about sexual relations he had with other men and under interrogation had named Mr Kazemi. Fearing for his own life if he returned to Iran, Mr Kazemi claimed asylum in Britain. Late last year, his claim was refused. Terror-stricken at the prospect of being deported, he made a desperate attempt to evade deportation by fleeing to the Netherlands where he is being detained amid a growing outcry from campaigners.
In turning down Ms Emambakhsh and Mr Kazemi's asylum applications, the Home Office has said that, provided Iranians are discreet about their homosexuality, they will not be persecuted. :mad: But Omar Kuddus, of Gay Asylum UK, demanded that Britain follow the example of the Netherlands and Germany in imposing a moratorium on all deportations involving gay and lesbian Iranians. He asked: "How many more young Iranians have to die before the British Government takes action?"
The chief executive of the Border and Immigration Agency, Lin Homer, said: "Our country guidance for such cases is published and is considered as amongst the best in the world. We have expert case workers who make decisions on such cases and there are further avenues through the courts. When and if a court decides that we should look at a case again we will do that."
This is an outrage. As if it wasn't bad enough to send homosexuals back to face Iranian/Islamic justice (sic) on the grounds that "if they pretend to be straight they'll be fine", we're actually going to send people back who are already known to the Iranian police. Aren't we supposed to be part of the EU? Isn't the court of human rights going to step in?
I'm going to write to my local MP, although I don't think he'd be able to do much about it even if he wanted to.
Knights of Liberty
12-03-2008, 19:17
Holy Jesus. We dont even do this to people in the US (send them back that is)....wow. And I was always under the impression that the British Government had its head screwed on much tighter. I guess they just hide their craziness from the world better.
If the EU or something doesnt step in and say "What te fuck is wrong with you?" I will seriously question whether the EU cares about Humans rights as much as it claims, or if it only does care when its convenient...
That article made me sad. Now Im depressed. Thanks Agenda, you nazi ;)
Sanmartin
12-03-2008, 19:20
Wait.... wait....
I know that if an American citizen flees to a European country, and is wanted in the US for capital murder (which carries the possible death sentence), no European country will extradite the suspect to the US unless the US agrees not to pursue or implement the death penalty against the suspect.
These things are done all the time. The US signs them, and the suspect is extradited. In some cases, the US hasn't signed - and those people stayed in Europe (there are numerous French examples). Some were even tried by France, rather than leave them in legal limbo.
But that's for capital murder. And if it looks like the suspect will be executed, there's no extradition.
This is about homosexuality. Homosexuality is punishable by death in Iran.
There are videos on the Internet of Iranian homosexuals being strung up from construction cranes.
And the UK is letting this girl go back, to what will ultimately be torture and death?
Agenda07
12-03-2008, 19:21
Holy Jesus. We dont even do this to people in the US (send them back that is)....wow. And I was always under the impression that the British Government had its head screwed on much tighter. I guess they just hide their craziness from the world better.
It's supposed to be illegal: the Home Office can't legally send someone back to a country if they're likely to be tortured or murdered, but it seems that they're trying to find a loophole. I imagine many tabloid/Telegraph readers will love it: "one less immigrant, one less homosexual and (possibly) one less Muslim all in one go!"
Knights of Liberty
12-03-2008, 19:23
Wait.... wait....
I know that if an American citizen flees to a European country, and is wanted in the US for capital murder (which carries the possible death sentence), no European country will extradite the suspect to the US unless the US agrees not to pursue or implement the death penalty against the suspect.
These things are done all the time. The US signs them, and the suspect is extradited. In some cases, the US hasn't signed - and those people stayed in Europe (there are numerous French examples). Some were even tried by France, rather than leave them in legal limbo.
But that's for capital murder. And if it looks like the suspect will be executed, there's no extradition.
This is about homosexuality. Homosexuality is punishable by death in Iran.
There are videos on the Internet of Iranian homosexuals being strung up from construction cranes.
And the UK is letting this girl go back, to what will ultimately be torture and death?
Thats what I dont get. Does Europe just like the screw the US, or does it hold us to a higher standard and thats why they wont let us execute people?
Or maybe theyre afraid of an international incident with Iran, where as with the US it can all be done hush hush and no one complains.
If thats true, Europe needs to grow a fucking spine.
Agenda07
12-03-2008, 19:24
Wait.... wait....
I know that if an American citizen flees to a European country, and is wanted in the US for capital murder (which carries the possible death sentence), no European country will extradite the suspect to the US unless the US agrees not to pursue or implement the death penalty against the suspect.
These things are done all the time. The US signs them, and the suspect is extradited. In some cases, the US hasn't signed - and those people stayed in Europe (there are numerous French examples). Some were even tried by France, rather than leave them in legal limbo.
But that's for capital murder. And if it looks like the suspect will be executed, there's no extradition.
This is about homosexuality. Homosexuality is punishable by death in Iran.
There are videos on the Internet of Iranian homosexuals being strung up from construction cranes.
And the UK is letting this girl go back, to what will ultimately be torture and death?
I imagine the argument they'd use is that they're not handing her over to the Iranian authorities per se by extraditing her, they're simply sending her back to Iran where the police will pick her up themselves...
But yeah, the hypocrisy is sickening (not that I support sending alleged criminals to the US if they might be executed either, but this case is even more clearcut).
Knights of Liberty
12-03-2008, 19:24
It's supposed to be illegal: the Home Office can't legally send someone back to a country if they're likely to be tortured or murdered, but it seems that they're trying to find a loophole. I imagine many tabloid/Telegraph readers will love it: "one less immigrant, one less homosexual and (possibly) one less Muslim all in one go!"
Which, again, makes me thing that they are just trying to avoid an international incident, which makes them spineless if they are going to let someone be killed just so Iran doesnt shake their fist at them.
Like I said, I doubt an international spectical would evolve from Europe not sending someone back to the US, mostly because we're allies, and frnakly I dont think the US really cares that much. Iran on the other hand would ge all pissy.
Im sorry if my posts dont make much sense, Im just way to sickened and confused right now...
Wait.... wait....
I know that if an American citizen flees to a European country, and is wanted in the US for capital murder (which carries the possible death sentence), no European country will extradite the suspect to the US unless the US agrees not to pursue or implement the death penalty against the suspect.
These things are done all the time. The US signs them, and the suspect is extradited. In some cases, the US hasn't signed - and those people stayed in Europe (there are numerous French examples). Some were even tried by France, rather than leave them in legal limbo.
But that's for capital murder. And if it looks like the suspect will be executed, there's no extradition.
This is about homosexuality. Homosexuality is punishable by death in Iran.
There are videos on the Internet of Iranian homosexuals being strung up from construction cranes.
And the UK is letting this girl go back, to what will ultimately be torture and death?Yeah, "white" refugees get better treatment most of the time. =/
EDIT: Although, now that I think of it, it probably has to do with citizenship issues. Or are the cases you're talking about non-French citizens?
Agenda07
12-03-2008, 19:28
Thats what I dont get. Does Europe just like the screw the US, or does it hold us to a higher standard and thats why they wont let us execute people?
Or maybe theyre afraid of an international incident with Iran, where as with the US it can all be done hush hush and no one complains.
If thats true, Europe needs to grow a fucking spine.
I'd point out that this is limited to my own government (UK) at the moment, the Dutch may still make a sane verdict.
Skaladora
12-03-2008, 19:31
I am sickened and appalled.
Mad hatters in jeans
12-03-2008, 19:45
Out of how many people who are kept in the UK?
Seems like an awfully biased article, emphasising the negatives without giving any figures, such as how many are deported in total compared to how many are kept in the UK.
Perhpas it is true, but without basic statistics all i see is a value opinion on a contested subject to find dirt on the Immigration services.
Designed to get people worked up, what about other types of refugee from other countries don't they deserve a mention too?
Out of how many people who are kept in the UK?
Seems like an awfully biased article, emphasising the negatives without giving any figures, such as how many are deported in total compared to how many are kept in the UK.
Perhpas it is true, but without basic statistics all i see is a value opinion on a contested subject to find dirt on the Immigration services.
Designed to get people worked up, what about other types of refugee from other countries don't they deserve a mention too?Not sure about the UK, but shit like that goes on all the time in the Netherlands and Germany.
The Alma Mater
12-03-2008, 19:51
I'd point out that this is limited to my own government (UK) at the moment, the Dutch may still make a sane verdict.
Tricky. The rule is that the first EU country where someone requests asylum decides - and that that decision is final for all EU countries.
Dundee-Fienn
12-03-2008, 19:52
Seems like an awfully biased article, emphasising the negatives without giving any figures, such as how many are deported in total compared to how many are kept in the UK.
Why does that matter in this case exactly?
Mad hatters in jeans
12-03-2008, 19:59
Why does that matter in this case exactly?
To gain an overall view of things and not judge them by just one or two failures of justice, so show the trends that are occuring and whether the Immigration services should go through more measures to ensure safety of people wanting to enter the UK.
Why does that matter in this case exactly?If this happens more often, it's all the more to be ashamed about.
Dukeburyshire
12-03-2008, 20:16
Can we start staging mass protests or something?
Or at least throw things at the PM and Home Secretary.
Dododecapod
12-03-2008, 20:25
Yeah, "white" refugees get better treatment most of the time. =/
EDIT: Although, now that I think of it, it probably has to do with citizenship issues. Or are the cases you're talking about non-French citizens?
No, he's talking about US citizens. When US criminals run to Europe, and they've comitted (allegedly) a crime they could be executed for, the European country generally won't extradite unless given an assurance that the death penalty will not be sought.
Yet, in this case, such considerations seem to be irrelevant. That is pure hypocrisy.
Conserative Morality
12-03-2008, 21:49
Oh wow... (Prepare for a very short rant) HOW THE H*** COULD THE UK DEPORT BACK WHERE THEY KNOW THAT THE PERSON IN QUESTION WILL ALMOST CERTAINLY BE KILLED!! WHY NOT KILL THEM IN THE UK, AND SAVE A TRIP BACK TO IRAN!!! (Note: I am not actually suggesting that will kill them there)
*Sigh* I can only hope that the US dosn't do anything like this... (Probably already has and I just haven't heard about it)
This is an outrage. As if it wasn't bad enough to send homosexuals back to face Iranian/Islamic justice (sic) on the grounds that "if they pretend to be straight they'll be fine", we're actually going to send people back who are already known to the Iranian police. Aren't we supposed to be part of the EU? Isn't the court of human rights going to step in?
They should ask them to.
Oh wow... (Prepare for a very short rant) HOW THE H*** COULD THE UK DEPORT BACK WHERE THEY KNOW THAT THE PERSON IN QUESTION WILL ALMOST CERTAINLY BE KILLED!! WHY NOT KILL THEM IN THE UK, AND SAVE A TRIP BACK TO IRAN!!! (Note: I am not actually suggesting that will kill them there)
Because they don't know that they will almost certainly be killed?
Do you know just how vibrant the gay community in Iran is?
Oh, and I can add that according to some iranian sources, no homosexuals, neither gays nor lesbians, have been convcted let alone executed solely due to homosexual acts. In connection to other criminal acts though...
As if it wasn't bad enough to send homosexuals back to face Iranian/Islamic justice (sic) on the grounds that "if they pretend to be straight they'll be fine"
Actually, what they say is "provided Iranians are discreet about their homosexuality". Not pretend they're straight.
Heterosexuals shouldn't show their affections in public either.
The Alma Mater
12-03-2008, 22:11
Heterosexuals shouldn't show their affections in public either.
Indeed. Any couple holding hands should immediately be executed.
I cannot imagine the right penalty for wearing a wedding ring.
Indeed. Any couple holding hands should immediately be executed.
I cannot imagine the right penalty for wearing a wedding ring.
I meant in Iran, and that it's the view of the State / "Modesty police" - i.e. that would be the same as for homosexuals.
Agenda07
12-03-2008, 22:47
Because they don't know that they will almost certainly be killed?
Well let's see, the woman's girlfriend has been sentenced to death and the man's boyfriend has already been hanged...
Agenda07
12-03-2008, 22:49
Actually, what they say is "provided Iranians are discreet about their homosexuality". Not pretend they're straight.
Heterosexuals shouldn't show their affections in public either.
Or go out to meet other men? The Iranian police have cracked down on gay nightclubs in the past.
Lolwutland
12-03-2008, 22:54
Oh, and I can add that according to some iranian sources, no homosexuals, neither gays nor lesbians, have been convcted let alone executed solely due to homosexual acts. In connection to other criminal acts though...
Could you provide these sources?
Well let's see, the woman's girlfriend has been sentenced to death and the man's boyfriend has already been hanged...Then I'm sure someone can provide me with a link to her Amnesty International campaign. I'd be much obliged. :)
And the same goes for the man. So we can see that the claim is correct, and that he's being killed for having commited homosexual acts.
*Shrug*
I don't know about you, but I won't just take their word for it.
Or go out to meet other men? The Iranian police have cracked down on gay nightclubs in the past.
"Spring cleanings" when they've also cracked down on western style clothing and haircuts happen, it's true.
However, most of the people arrested (including in the gay clubs) are released shortly after being arrested, most of the time only only sentenced to pay a fine if punished at all.
There are still known gay clubs and meeting places in Tehran.
Could you provide these sources?
I'm glad you ask. Unfortunately, most of the sources are people, and the documentation I have handy isn't in English, so I'll have try to find some other official sources to back up my claim. I'll get back to you on that :)
I'm glad you ask. Unfortunately, most of the sources are people, and the documentation I have handy isn't in English, so I'll have try to find some other official sources to back up my claim. I'll get back to you on that :)
I do have this quote (http://hrw.org/english/docs/2006/10/19/nether14428.htm), from Dutch Alien Affairs and Integration minister Rita Verdonk:
It appears that there are no cases of an execution on the basis of the sole fact that someone is homosexual. ... For homosexual men and women it is not totally impossible to function in society, although they should be wary of coming out of the closet too openly.
That's just one source, I'll try to find more.
Mind you, I'm not saying that Iran is a good place to be gay. Not at all. However, claiming that they will be killed isn't the right way to go, since if there's no documentation to back up those fears it won't lead to them not being deported.
In my view, one should attack the Home Office for failing to live up to their obligations after the European Convention on Human Rights article 3 and article 3 of the UN Convention against Torture, since it's more likely that these people will be subjected to torture or to inhuman or degrading treatment or punishment - if their claims are true, which I for one will not take for granted.
Agenda07
12-03-2008, 23:47
Then I'm sure someone can provide me with a link to her Amnesty International campaign. I'd be much obliged. :)
And the same goes for the man. So we can see that the claim is correct, and that he's being killed for having commited homosexual acts.
*Shrug*
I don't know about you, but I won't just take their word for it.
Take whose word for it? The Independent's (http://www.independent.co.uk/news/uk/home-news/now-iranian-lesbian-who-fled-to-britain-faces-deportation-792819.html) (one of the UK's most respected newspapers)? The Asylum Seeker Support Network (http://www.indymedia.org.uk/en/regions/sheffield/2007/08/378415.html)? Outrage (http://www.petertatchell.net/) (click on 'international' and search for 'Iran')?
There are several credible sources reporting the claim, and no implication that it's based purely on her word. If the claim was baseless then the Home Office would have seized on that to justify denying her asylum request, no?
The claim is sufficiently evidenced, if you want to dispute it then the onus is on you to provide evidence rather than just dismissing it.
Take whose word for it? The Independent's (http://www.independent.co.uk/news/uk/home-news/now-iranian-lesbian-who-fled-to-britain-faces-deportation-792819.html) (one of the UK's most respected newspapers)? The Asylum Seeker Support Network (http://www.indymedia.org.uk/en/regions/sheffield/2007/08/378415.html)? Outrage (http://www.petertatchell.net/) (click on 'international' and search for 'Iran')?
There are several credible sources reporting the claim, and no implication that it's based purely on her word.
Actually, there is. They all reference her claim, and not one of the sources offer up anything besides that. It implies that it is - as in most asylum cases - based on her word and general information about Iran.
If the claim was baseless then the Home Office would have seized on that to justify denying her asylum request, no?
"Her claim failed despite appeals." Then what did they do when they denied her request for asylum?
The claim is sufficiently evidenced, if you want to dispute it then the onus is on you to provide evidence rather than just dismissing it.
Actually, that wouldn't be my job. Since the UK has dismissed the claim - even after appeals - I would like to see evidence that they were wrong.
Agenda07
13-03-2008, 18:20
Actually, there is. They all reference her claim, and not one of the sources offer up anything besides that. It implies that it is - as in most asylum cases - based on her word and general information about Iran.
May I suggest that you read the article more carefully?
Ms Emambakhsh came to the UK in 2005 fearing for her life after her partner had been arrested by Tehran police. Iranian gay rights groups have reported that that partner is in custody under sentence of death by stoning. Speaking through her asylum representative in Sheffield yesterday, Ms Emambakhsh said: "I will never, never go back. If I do I know I will die."
May I suggest that you read the article more carefully?
I've read it. It doesn't say that her GF was convicted for homosexual acts or that she'll be executed just beause she's a lesbian. It doesn't support her claim that she'll be killed if she returns to Iran.
Also, it could have said what Iranian groups it was referring to.
And I could add that when it comes to lesbians, a DIRB (Documentation, Information and Research Branch, Immigration and Refugee Board, Canada) report of 1999 states that lesbian cases rarely come before the courts, as the case usually fails the test of proof of four righteous witnesses.
A UK Home Office Country of Origin Information report (http://www.homeoffice.gov.uk/rds/country_reports.html) from January 2008 states:
Sources hold that lesbian behaviour in public is impossible to distinguish from accepted social contact between women in Iran. The source concludes:
“Of female same-sex behaviour musahaqa almost nothing is known. Islamic law considers it sex outside marriage and therefore as adultery, with all the consequences already described. Yet because no penetration takes place, punishment is theoretically limited to one hundred lashes. In practice lesbian behaviour is regarded as relatively unimportant, because it usually takes place discreetly.”
Other DIRB sources expand that lesbianism defined as genital contact between women is punishable by 100 lashes each and by death on the fourth offence.
but a UK Home Office Border and Immigration Agency guideline states: (Sorry, no link to this one)
3.9.9 Lesbian sex continues to be illegal and is punishable by 100 lashes, with the death penalty on the fourth offence. As in the case of gay males, reports of persons being penalised for lesbian sex could not be found. Lesbian cases rarely come before the courts, as the case usually fails the test of proof (four righteous witnesses). Sources hold that lesbian behaviour in public is impossible to distinguish from accepted social contact between women in Iran.
This is also supported by other sources, like this article:
Geen dienstplicht voor Iraanse homoseksueel; ‘wie het niet van de daken schreeuwt kan hier best leven als homoseksueel’
By Thomas Erdbrink, published in the NRC Handelsblad on March 16th 2006
Having intercourse between two homosexuals is penalized in Iran with the death penalty. But if one claims to be a homosexual is not acting against the law, according to Nobel price winner Shirin Ebadi.
A group of young men are gathering at the Etema gallery in the Iranian capital Tehran to see some coloured photographs. They are gazing at pictures of a gay parade in France. On one picture there’s a homosexual with a feathered mask and an almost naked nipple looking horny in the camera. “My work is almost borderline, but this is within the Iranian rules”, says artist Amin Asli.
The Dutch Minister of Integration, Mrs Verdonk, is under scrutiny by the Dutch parliament, due to her decision to expel ten Iranian homosexuals. In about two weeks time the Dutch parliament will consider whether they approve of this expulsion.
According to the refugees, the Dutch COC and Human Rights Watch, there is real danger for the homosexuals to be executed when they get back to Iran because of their sexual preference.
The upcoming decision shall act as a judicial precedent for other fugitive homosexuals that are applying for asylum in the Netherlands.
How safe is Iran for homosexuals? According to Nobel Prize winner Shirin Ebadi it is safe enough for homosexuals to return to Iran. “If I look at the Iranian law it is possible. At least, when an Iranian court has not decided that there is a proof of sexual intercourse. When this is not decided, they can come back in safety. Even if they have acknowledged in public in the Netherlands that they are homosexual”, says Ebadi in an interview. “They actually did not break a law in Iran”.
The Iranian law prescribes the death penalty for homosexual intercourse, even if this is done voluntarily. Human rights lawyer Ebadi says that the essence of a conviction is the proof of intercourse. “You will need at least four witnesses to prove this. That makes it very difficult to prove”, says Ebadi. Having a different sexual preference is not illegal in Iran.
Ebadi does not know of any cases where homosexuals were given the death penalty for having sexual intercourse on a voluntarily basis. “I have never represented a homosexual before court. Some human rights organizations claim that there have been executions. In these cases the main account is rape. But I have no recollection of the execution of homosexuals merely because of voluntarily sexual intercourse since the Islamic Revolution. There have been executions, but on account of anal rape”.
The Tehran art galley is miles apart from the concerns in the Netherlands. “I have never had any problems with the Iranian authorities”, says 27- year old Akbar. “Sometimes the police raid a secret party, but they are also doing that at secret parties of heterosexuals. Actually, we have got less problems because at our parties there are no girls involved”, says Akbar. Mixed parties are officially forbidden by Iranian law, but that doesn’t stop people doing it everywhere. “Our parties are difficult to forbid, because these parties do not involve girls”, adds a smiling Akbar.
“Because of my sexuality the authorities released me from military service.” Akbar gives a nod to a boy who’s sitting next to him. “Same here” answers the boy. According to the Iranian law homosexuals are excluded from military service. They can go to a physician to get an acknowledgement of their homosexuality, without being arrested by the authorities.
A homosexual in Iran who wants to be released from doing military service must proof his sexuality. Dr. Fereydoon Merrabi has had thousands of cases the last 30 years in which he released young men from military service because of their homosexuality. This independent, British educated doctor thinks that there are at least one million homosexuals in Iran. “The average percentage of homosexuals in the entire population is 1.5 percent. That is a fact in every country, so this must also be the case in Iran”, according to the physician at the Mehregan-hospital in Tehran.
Homosexual behaviour in Iran is divided into three different groups. The first group is called the adventurers; these people are experimenting with sex. They can alter their behaviour. The second group is bisexual. “People with a choice”, as dr. Merrabi refers to them. The last group are the genuine homosexuals; men who are only attracted to men and women who are only attracted to women. “The usual opinion of the Iranian authorities is that these people have a medical divergence which they cannot be blamed for. If I conclude this divergence, I sent these people to a control centre of the government. Here they commit some psychological tests, like the interpretation of drawings. In most of the cases they will follow my conclusions. After this they are released from military service and are not punished for their preference”, says he. There’s also no obligation to undergo further psychological treatment. “They are free to go wherever they want to go”, says Dr. Merrabi. Transsexuals are given the opportunity to change their sex.
Merrabi, who is treating homosexuals around the country, knows some couples in the bigger cities who are living together. “There are meetings, they have vast groups”, says he. “Not very open, but it is possible. People are just doing it”. Contrary to the big cities, living the life of a homosexual is very difficult in the poorer suburbs, rural villages and small towns. “These homosexuals are coping with daily traditional life, such as being seen as something evil”, according to Dr. Merrabi. A lot of times they can’t find jobs and are turned away by their families. There are no proper institutions to provide them with the help they need. “They often have a miserable life. That is sad. Some of them become really unhappy”, says Dr. Merrabi who is lecturing a lot on homosexuality. He even gives lectures to hardline conservative institutions like the Revolutionary Guard. “They are innocent; I tell them that they are not responsible for their feelings.”
Merrabi doubts that something will happen to the Iranian homosexuals when send back from the Netherlands. “If you don’t yell it on the streets, you can have a decent life in Iran as homosexual”, says Merrabi. He doesn’t know any cases of homosexuals being executed merely for being homosexual.
The position of homosexuals can be improved, as Dr. Merrabi says. “There is a long way to go, for instance the rights of homosexuals should be protected by law. Right now they are living in the shadow. But it is probably better if you compare it with homosexual life in neighbouring countries.”
Four witness confessions from four honest people. According to article 110 of the Iranian penal code, the punishment for having sexual intercourse between two men is the death penalty. Sodomy is established when the suspect has pleaded guilty four times. The suspect must be able to give informed consent and be in good mental condition (articles 114 and 116). Sodomy is also established when thee are four witness confessions from four honest people (article 117). With less then four confessions, sodomy cannot be established and the witnesses will be punished.
A lot of other countries have penalized sodomy with the death penalty. For instance, Saudi Arabia, Pakistan, Sudan, Mauritania and Yemen, according to the book “Sex, love and homophobia” by Vanessa Baird, published in 2004 by Amnesty International. There is, however, no information on executions of voluntarily homosexuality.
And according to an Amnesty International study entitled, Breaking the Silence: Human Rights Violations Based on Sexual Orientation (from 1995), it is difficult to substantiate reports of executions carried out solely on charges of homosexuality. During 1995 at least fifty people were executed in Iran. It is unclear how many of these executions may have resulted from accusations of homosexuality… Amnesty International has received reports that some lesbians and gay men in Iran have faced punishments such as execution or lashes for their homosexuality, but they have been extremely difficult to substantiate.
So yeah, I'd like to see the evidence that the UK ruling was wrong.
3.3 Homosexualität
Auch wenn Homosexualität im Iran ein Tabu-Thema ist und meistens im Geheimen ausgelebt wird, ist es im Alltag nicht schwierig, Homosexuellen zu begegnen. So gibt es beispielsweise spezielle Parks, die Treffpunkte von Homosexuellen sind.
I think the OP is a little over dramatic. Whilst Iran is hardly a beacon of gay tolerance, for hte death penalty to actually be applied would usually inolve more than a simple affair. Iran isn't an anarchy. If something is a poltiical threat, then yes, but as long as the government doesn't feel there a poltiical motivation involved, then I doubt an average non-political person who ins't being paticularly overt abotu their sexuality is going to be executed.
should the UK send them back? Not if they Iranians havn't asked. I would not drag my country into a confrontation over it, but it is stupid to send them back, if not to execution, but to a gnereally intolerent place, when their government has not demanded we do so. they came here for a chance of a dcent life and to be able to live openly. I dont see why we shouldn't offer it as long as we can do so without endangering our own nation.
I think the OP is a little over dramatic. Whilst Iran is hardly a beacon of gay tolerance, for hte death penalty to actually be applied would usually inolve more than a simple affair.
I agree with this.
should the UK send them back? Not if they Iranians havn't asked. I would not drag my country into a confrontation over it, but it is stupid to send them back, if not to execution, but to a gnereally intolerent place, when their government has not demanded we do so. they came here for a chance of a dcent life and to be able to live openly. I dont see why we shouldn't offer it as long as we can do so without endangering our own nation.
That's not how the asylum seeking process works though...