July 29
BOTSWANA:
Court quashes death sentence
It was tears of joy for death row inmate Mothusi Phiri on Wednesday when
the Court of Appeal substituted his death sentence with a 20-year jail
term and upheld a five-year jail sentence for attempted murder.
The court ordered that five-year jail sentence should run concurrently
with the 20-year prisonment from the time Phiri was put in custody.
Phiri was convicted upon confession.
Phiri had been on death row since 2003 after he was found guilty of
murdering Duncan Mfolwe and attempting to kill Mfolwes sister, Sebitse.
He had told the court that he had been having a love affair with the
deceaseds wife, Salang, who had since committed suicide.
He had told the trial court that the deceaseds wife had suggested that
they kill her husband, who had previously threatened to kill Phiri.
In its judgement, the Court of Appeal ruled that there were extenuating
circumstances that led Phiri to commit the crime.
It is clear, in my view, that the appellant was under the influence of
Salang all along that he eventually committed the murder at the behest of
his lover, so to relieve her of a husband who did not love her but
constantly beat her and threatened to kill her.
I find these circumstances to be extenuating and reducing the appellants
moral blameworthiness.
The court also stated that the psychiatrist report showed that there were
extenuating circumstances. Such circumstances, according to the court,
included Salangs constant goading of Phiri and mental stress he was under.
Regarding the prosecutions comparison of the case to that of Marietta
Bosch, the court said: It cannot be said that this case surpasses the
Bosch case in all its wickedness and planning.
The court dismissed the state attorneys submission that Phiri reported
Mfolwes threat to kill him in order to extract money from him.
It said that the fact that Phiri and Salang were committing adultery did
not provide justification for Mfolwe to threaten to kill Phiri, which,
according to the court, is a serious offence.
The court further ruled that there was no evidence that the P5 000 Mfolwe
paid to Phiri after withdrawing charges was paid upon Phiris insistence.
Referring to the P600, which was used to pay Phiris telephone bills, the
court noted that this was done at Salangs request.
This does not reflect on Phiris character that he misappropriated the
money of his victim in this way.
There is certainly no ground for finding that the appellant committed the
murder to gain some benefit in monetary terms, as suggested by the counsel
for state.
Phiri was represented by Kgafela Kgafela and Peter Collins while Susan
Mangori represented the state.
The appeal was heard before justices Hein Grosskopf, Patrick Tebbutt, and
Nicholas McNally.
(source: Republic of Botswana)
GLOBAL:
The Human Rights Committee concluded today its 3-week summer session
during which it considered and adopted concluding observations and
recommendations on the reports submitted by Yemen, Tajikistan, Slovenia,
Syria, and Thailand on how they implement the provisions of the
International Covenant on Civil and Political Rights.
The Governments of the 5 countries sent delegations to answer questions
raised by Committee Experts in keeping with their obligations as States
parties to the Covenant. There are 154 States parties to the Covenant.
After considering the report of Yemen, the Committee noted its
appreciation of the creation, in 2003, of a Ministry of Human Rights, as
well as the declared commitment of the State party to create a culture of
human rights in Yemen. The Committee noted with concern that the
recommendations it addressed to Yemen in 2002 had not been fully taken
into consideration. The Committee urged the State party to examine in good
faith all recommendations addressed by the Committee, and find ways to
ensure that its desire to abide by religious principles were implemented
in a way fully compatible with its obligations under the Covenant.
With regard to the report of Tajikistan, the Committee noted with
appreciation the diminution of the number of crimes punishable by the
death penalty and the moratorium of April 2004 on the imposition and
execution of death sentences, as well as the commutation of all existing
death sentences in the State party. Disregard of the Committees requests
for interim measures constituted a grave breach of the State party's
obligations under the Covenant and the Optional Protocol. Among
suggestions made to the State party were that it should take effective
measures, including promotion of public awareness and human rights
training to protect women against domestic violence.
Concerning the report of Slovenia, the Committee welcomed the progress
achieved by the State party in the field of reforms since its independence
in June 1991. While noting measures undertaken to improve the living
conditions of the Roma community, there was concern that the Roma
community continued to suffer prejudice and discrimination. The Committee
suggested that Slovenia should adopt strong measures to prevent and
prohibit the advocacy of hate and intolerance that constituted prohibited
incitement and that it guarantee the fulfilment of the provisions of
article 20 of the Covenant.
In its concluding observations on the report of Syria, the Committee
welcomed the accession by the State Party to other international human
rights instruments in the reporting period. It noted with concern that the
recommendations it had addressed to Syria in 2001 had not been fully taken
into consideration and regretted that most subjects of concern remained.
The Committee also remained concerned that the nature and number of the
offences carrying the death penalty in the State party were not consistent
with the requirements of the Covenant. Among its recommendations, the
Committee urged the State party to examine all recommendations addressed
to it by the Committee and that it take all necessary steps to ensure that
its legislation and its implementation ensured the effective enjoyment of
all Covenant rights in the State party.
In connection with the report of Thailand, the Committee welcomed the
promulgation, following the State partys ratification of the Covenant, of
a new Constitution in 1997 which contained many of the rights and freedoms
protected under the Covenant. The Committee was concerned at the
persistent allegations of serious human rights violations, including
widespread instances of extra-judicial killings and ill treatment. Among
its recommendations, the Committee said the State party should guarantee
the effective protection of all rights enshrined in the Covenant and
ensure that they were fully respected and enjoyed by all, and that
recommendations of the National Human Rights Commission were given full
and serious follow-up.
During the session, the Committee considered communications from
individuals submitted to it under the first Optional Protocol to the
Covenant. The Protocol, for the 104 States that have ratified it, allows
review by the Committee of complaints from persons alleging violations of
the terms of the Covenant; such reviews are carried out in private
session. The Committee's conclusions on cases considered during the
session will be released at a later date.
Louise Arbour, the United Nations High Commissioner for Human Rights,
addressed the Committee during the session on the topic of her Plan of
Action for expansion and the renewal of her Office. The Committee also
held a discussion on its revised General Comment on article 14 of the
International Covenant on the principle of equality before justice.
The Committee adopted its annual report ( A/60/40 ), covering the period
from 1 August 2004 to 31 July 2005, and the 82nd, 83rd and 84th sessions.
In the report, the Committee noted with appreciation that the majority of
State parties had continued to provide follow-up information to the
Committee, and expressed its appreciation to those State parties that had
provided timely follow-up information. The Committee also deplored the
fact again that many States parties did not comply with their reporting
obligations under article 40 of the Covenant.
In the concluding meeting, the Committee briefly discussed follow-up to
reports. 3 countries had created some problems and required special
attention by the Committee to determine whether there was a need for
follow-up, and these were the Netherlands, Sweden, and Egypt. A decision
was necessary regarding these countries. The Committee determined to
accept the response of the Netherlands, asked Sweden to elaborate on how
it was dealing with issues related to torture, and determined that the
responses provided by Egypt were satisfactory.
The next session of the Committee will take place from 17 October to 4
November 1995 at which time the Committee will consider the country
reports of Canada, Italy, Paraguay and Brazil.
Concluding Observations on Country Reports
Yemen
After having considered the fourth periodic report of Yemen, the Committee
noted its appreciation of the creation, in 2003, of a Ministry of Human
Rights, as well as the declared commitment of the State party to create a
culture of human rights in Yemen. The Committee also welcomed the adoption
of the Childrens Rights Act No 45 of 2002, and the adoption of various
measures for the advancement of women, as well as the recognition by the
State party that stereotyped views of womens and mens social roles and
responsibilities have had a negative impact on some aspects of Yemeni
legislation.
The Committee noted with concern that the recommendations it addressed to
Yemen in 2002 had not been fully taken into consideration, and that the
State party justified the absence of progress on several important issues
by the impossibility, in its view, to abide at the same time by religious
principles and some obligations under the Covenant. The Committee
disagreed with such interpretation and stressed the duty of States,
regardless of their political, economic and cultural systems, to promote
and protect all human rights and fundamental freedoms.
The Committee reiterated its concern about the reported lack of
independence and efficiency of the judiciary, despite the existence of
constitutional guarantees and measures taken to reform the judicial
branch. It noted with concern the high rate of illiteracy amongst women,
which clearly hindered the enjoyment of their civil and political rights,
and reiterated its deep concern about discrimination suffered by women in
matters of personal status. The Committee regretted that insufficient
information was provided on the extent to which female genital mutilation
was practised in Yemen, and that domestic violence remained persistent.
The Committee also remained concerned about reported grave violations of
articles 6, 7, 9 and 14 of the Covenant committed in the name of the
anti-terrorism campaign, as well as reported cases of extra judicial
killings, enforced disappearances, arbitrary arrests, indefinite detention
without charge or trial, torture and ill-treatment, and deportation of
non-citizens to countries where they were in danger of being subjected to
torture or ill treatment.
The Committee urged the State party to examine in good faith all
recommendations addressed by the Committee, and find ways to ensure that
its desire to abide by religious principles were implemented in a way
fully compatible with its obligations under the Covenant, which it had
accepted without reservations. The State party should ensure that the
judiciary was free of any interference, in particular from the executive
power, in law as well as in practice. The State party should work towards
establishing a national human rights institution, and review its laws in
order to ensure full equality between men and women in matters of personal
status and actively promote measures to combat polygamy. The State party
should increase its efforts to eradicate female genital mutilation, and
enact a law prohibiting all persons from performing such practices, and
abolish legislation providing for lower sentences in case of "honour
killings." Tajikistan
After having considered the initial report of Tajikistan, the Committee
noted with appreciation the diminution of the number of crimes punishable
by the death penalty and the moratorium of April 2004 on the imposition
and execution of death sentences, as well as the commutation of all
existing death sentences in the State party. It also welcomed the
existence of sanctions against forced marriages and polygamy, and the
establishment of the State partys Commission on the Implementation of
International Obligations, which, inter alia, was responsible for the
coordination of the follow-up to be given to the Committees views under
the Optional Protocol.
The Committee noted with concern that domestic violence against women
remained a problem in Tajikistan. Whilst noting the efforts made by the
State party to diminish the gender imbalance in government positions, and
to improve the status and rights of women in society, the Committee
considered that much more needed to be done. The Committee also recalled
that in acceding to the Optional Protocol, the State party recognized the
Committees competence to receive and examine complaints from individuals
under the State party's jurisdiction. Disregard of the Committee's
requests for interim measures constituted a grave breach of the State
party's obligations under the Covenant and the Optional Protocol.
The Committee was also concerned about the widespread use of ill treatment
and torture by investigation and other officials, to obtain information,
testimony or self-incriminating evidence from suspects, witnesses or
arrested persons. Persistent reports that journalists had been harassed by
State officials in the exercise of their profession, and that newspapers
had been seized were also a matter for concern. The Committee also
expressed concern that, despite significant progress accomplished by the
State party, there have been persistent reports that Tajikistan was a
major source country for trafficking in women and children.
Among suggestions made to the State party were that it should take
effective measures, including training of police officers, promotion of
public awareness and human rights training to protect women against
domestic violence, as well as taking more positive measures to ensure a
higher representation of women in public life. Regarding violations of
human rights by investigation and other officials, Tajikistan should take
all necessary measures to stop this practice, to investigate promptly all
complaints of the use of such practices by officials, and to proceed to
the rapid prosecution, conviction and punishment of those responsible, and
to provide adequate compensation to the victims. The State party should
avoid any harassment or intimidation of journalists and ensure that its
legislation and practice give full effect to the requirements of the
Covenant. The State party should redouble its efforts in combating the
serious problems related to trafficking, in collaboration with
neighbouring countries, including with a view to protecting the human
rights of victims.
Slovenia
After having considered the 2nd periodic report of Slovenia, the Committee
welcomed the progress achieved by the State party in the field of reforms
since its independence in June 1991, notably the adoption of a democratic
Constitution in December 1991 and its recent amendments to enhance
protection of human rights and fundamental freedoms. The Committee also
welcomed that the provisions of the Covenant were directly enforceable as
part of the domestic legal order and that they had been directly enforced
by the Supreme and the Constitutional courts. Measures had been taken to
improve the protection and promotion of human rights through, among other
things, the establishment of the "Human Rights Ombudsman" in January 1995;
the establishment of the "Office for Equal Opportunity" in 2001 and the
"Advocate for Equal Opportunity;" and the establishment of an
"Interdepartmental Working Group on the Fight against Trafficking in Human
Beings" in December 2001 and the adoption of an "Action Plan on the Fight
against Trafficking in Persons" in 2004.
The Committee was concerned, however, about the high rate of domestic
violence and regretted the lack of specific legal provisions and
governmental programmes to prevent, combat and eliminate domestic
violence. There was also concern about the level of participation of women
in public affairs, as women continued to have a disproportionately low
presence in the political and economic life of the State party,
particularly in senior positions of public administration. The Committee
was also concerned about reported cases of ill treatment by law
enforcement officials, and the lack of thorough investigations and
adequate punishment of the responsible officials and non-payment of
compensation to the victims. The Committee was concerned about the
difference in the status between the so-called "autochthonous" (
indigenous ) and "non-autochthonous" ( new ) Roma communities in the State
party. While noting measures undertaken to improve the living conditions
of the Roma community, there was concern that the Roma community continued
to suffer prejudice and discrimination.
Among the suggestions made to the State party was that it should adopt and
implement appropriate laws and policies to prevent and combat effectively
violence against women, especially domestic violence, and programmes to
assist the victims. Slovenia should also continue to reinforce its
measures to combat trafficking in women and children and prosecute and
punish perpetrators. It should adopt strong measures to prevent and
prohibit the advocacy of hate and intolerance that constituted prohibited
incitement and to guarantee the fulfilment of the provisions of article 20
of the Covenant. The State party should consider elimination of
discrimination in status within the Roma minority and provide to the whole
Roma community a status without any discrimination and improve its living
conditions and enhance its participation in public life. The State party
should take all necessary measures to ensure the practical enjoyment by
the Roma of their rights under the Covenant, by implementing and
reinforcing effective measures to prevent and address discrimination and
the serious social and economic situation of the Roma.
Syria
The Committee welcomed the timely submission of the 3rd periodic report by
Syria, which contained detailed information on Syrian legislation in the
area of civil and political rights. The Committee encouraged the State
party to increase its efforts to include in its reports more detailed
information, including statistical data, on the implementation of the
Covenant in practice. The Committee welcomed the accession by the State
Party to other international human rights instruments in the reporting
period, including the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, the
Convention against Torture, the Convention on the Elimination of All Forms
of Discrimination Against Women and the 2 Optional Protocols to the
Convention on the Rights of the Child.
The Committee noted with concern that the recommendations it had addressed
to Syria in 2001 had not been fully taken into consideration and regretted
that most subjects of concern remained. The Committee regretted that the
information provided was not sufficiently precise. While welcoming the
establishment of the National Committee for International Humanitarian
Law, the Committee noted that it was not fully independent. The Committee
noted with concern that the state of emergency declared some 40 years ago
was still in force and provided for many derogations in law or practice
from the rights guaranteed in the Covenant, without any convincing
explanations being given as to the relevance of these derogations to the
conflict with Israel and as to the necessity of these derogations to meet
the exigencies of the situation claimed to have been created by the
conflict.
The Committee remained concerned that the nature and number of the
offences carrying the death penalty in the State party were not consistent
with the requirement of the Covenant that this form of punishment must be
limited to the most serious crimes, and was deeply concerned at the de
facto reinstitution of death sentences and executions in 2002. While
noting the information provided by the State party on measures taken
against some law enforcement personnel for acts of ill-treatment of
prisoners, the Committee remained deeply concerned at continuing reports
of torture and cruel, inhuman or degrading treatment or punishment. The
Committee was concerned at the obstacles imposed on the registration and
free operation of non-governmental human rights organizations in the State
party and the intimidation, harassment and arrest of human rights
defenders. It also continued to be deeply concerned about the continuing
detention of several human rights defenders and the refusal to register
certain human rights organizations, and for the extensive limitations on
the right to freedom of opinion and expression in practice, which went
beyond the limitations permissible.
Among its recommendations, the Committee urged the State party to examine
all recommendations addressed to it by the Committee and take all
necessary steps to ensure that its legislation and its implementation
ensured the effective enjoyment of all Covenant rights in the State party.
The State party should ensure that the measures it had taken, in law and
practice, to derogate from Covenant rights were strictly required by the
exigencies of the situation, secondly, that the rights provided for in the
Covenant were made non-derogable in law and practice. The State party
should also limit the cases in which the death penalty was imposed. The
State party should take firm measures to stop the use of incommunicado
detention and eradicate all forms of torture and cruel, inhuman or
degrading treatment or punishment by law enforcement officials, and ensure
prompt, thorough, and impartial investigations by an independent mechanism
into all allegations of torture and ill-treatment, prosecute and punish
perpetrators, and provide effective remedies and rehabilitation to the
victims.
Thailand
The Committee welcomed the high quality of the report submitted by the
State party, while regretting that it was submitted with a delay of over 6
years. The Committee welcomed the promulgation, following the State partys
ratification of the Covenant, of a new Constitution in 1997 which
contained many of the rights and freedoms protected under the Covenant.
The Committee also welcomed the establishment of the National Human Rights
Commission as a mechanism to promote respect for human rights; the
Department of the Rights and Liberties Protection under the Ministry of
Justice; the National Reconciliation Commission; and the National Child
Protection Committee and provincial Child Protection Committees. The
Committee also welcomed the enactment of the Child Protection Act, and
noted with appreciation the adoption of the National Plan of Action on
Human Rights.
The Committee was concerned at the persistent allegations of serious human
rights violations, including widespread instances of extrajudicial
killings and ill treatment by the police and members of armed forces. The
Committee further noted with concern that this situation reflected a lack
of effective remedies available to victims of human rights violations,
which was incompatible with the Covenant. The Committee noted with concern
that the provisions of the Civil Code were discriminatory against women
with regard to grounds for divorce, and expressed its concern at reports
of the high prevalence of domestic violence and the lack of specific legal
provisions on domestic violence, including marital rape, in the State
partys legislation.
The Committee was concerned that the Emergency Decree on Government
Administration in States of Emergency, B.E. 2548, which came into
immediate effect on 16 July 2005, and on the basis of which a state of
emergency was declared in three southern provinces, did not explicitly
specify, or place sufficient limits, on the derogations from the rights
protected by the Covenant that may be made in emergencies and did not
guarantee full implementation of article 4 of the Covenant. It was
especially concerned that the Decree provided for officials enforcing the
state of emergency to be relieved of legal and disciplinary actions, thus
exacerbating the problem of impunity.
Among its recommendations, the Committee said the State party should
guarantee the effective protection of all rights enshrined in the Covenant
and ensure that they were fully respected and enjoyed by all, and that
recommendations of the National Human Rights Commission were given full
and serious follow-up. Law enforcement officials, in particular police
officers, should also be provided with appropriate training to deal with
cases of domestic violence, and awareness-raising efforts should be
continued to widely sensitize members of the public. The State party
should review the imposition of the death penalty for offences related to
drug trafficking, to reduce the categories of crime punishable by death.
The State party should also consider the withdrawal of its declaration on
article 6, paragraph 5.
Membership of Committee
The States parties to the Covenant elect the Committee's 18 expert members
who serve in their individual capacity for four-year terms. Article 28 of
the Covenant requires that "they shall be persons of high moral character
and recognized competence in the field of human rights". They are:
Abdelfattah Amor ( Tunisia ); Nisuke Ando ( Japan ); Prafullachandra
Natwarlal Bhagwati ( India ); Alfredo Castillero Hoyos ( Panama );
Christine Chanet ( France ); Franco Depasquale ( Malta ); Maurice
Gll-Ahanhanzo ( Benin ); Walter Klin ( Switzerland ); Ahmed Tawfik Khalil
( Egypt ); Rajsoomer Lallah ( Mauritius ); Rafael Rivas Posada ( Colombia
); Sir Nigel Rodley ( United Kingdom of Great Britain and Northern Ireland
); Martin Scheinin ( Finland ); Ivan Shearer ( Australia ); Hipolito
Solari-Yrigoyen ( Argentina ); Ruth Wedgwood ( United States of America );
Roman Wieruszewski ( Poland ); and Maxwell Yalden ( Canada ).
(source: I-Newswire.com)
SAUDI ARABIA:
Execution Looms for Mother of 3
A 26-year-old mother of 3 convicted of murdering a man 6 years ago moved
closer to the executioners block after the slain man's family refused all
public pleas to forgive her and demanded that the state execute her.
Several tribal leaders of the Asir region as well as members from the
Shoura Council arrived in the city of Khamis Mushayt on Thursday to visit
the victims family members to try to persuade them for forgiveness. The
mayor of Khamis Mushayt as well as tribal leaders from Qahtan and Shahran
engaged in a 5-hour discussion with the survivors, as citizens across Asir
were waiting in anticipation that their pleas would find mercy in the
hearts of the victims family to forgive the woman.
However, the victim's brothers insisted the girl be executed and refused
any forgiveness on their part. Officials decided to postpone the execution
date until next week.
Other tribal leaders and important public figures are expected to visit
the city this week to continue to try to persuade the family to forgive
the girl and spare her life, especially since she is the mother of three
young children and has expressed regret over the death of their kinsman.
The story started 6 years ago when the young lady - 20 years old and
married at the time - became involved in an affair with a Saudi man.
After secretly dating him for some time, he demanded sex from the woman
and threatened her with death if she refused. She killed him while
defending her honor as he attempted to rape her.
The woman, known publicly now as the "Khamis Mushayt Girl," has spent the
last 5 years in the Womens jail in Abha. She confessed to the police and
told her story to the religious court regarding the motives behind the
murder. However, a religious court ruling ordered her execution according
to Shariah law - regardless of the motives or the circumstances.
In her 5 years behind bars, the young mother has expressed remorse over
her actions and has turned to God, memorizing the entire Qur'an in the
process. During her prison stay, she has lost her father who stood by her
until his death.
"I will never give up on her," her husband told Arab News. She is the
mother of 3 children, one of whom was born in prison.
Hundreds of Asir residents gathered at the house of Mayor Hussein Mushayt
in Khamis Mushayt yesterday to express concern over the planned public
execution. The city of Khamis Mushayt, which is relatively small, has been
crowded with residents who have flocked to the town to muster sympathy for
the girl.
Many broke down in tears when they learned that the slain man's family
refused all public pleas and demanded execution.
A website was constructed to gather public support for the condemned woman
on the Internet. So far the number of people visiting the website has been
impressive.
"Some 53,000 people visited the website, even though it has only been
constructed in the past 3 weeks," said Dr. Waleed Abu Milhahe, webmaster
of the site. "Her story has become the talk of Saudis and non-Saudis."
Abu Milhahe said that the citizens of Asir have still not given up hope
and pray that well-known Saudis may be able to persuade the slain mans
family to show mercy.
"Many people from around the world, including the United States and
Canada, have also sent pleas for forgiveness on the website," Abu Milhahe
said. The Khamis Mushayt girl was due to be executed in a public square 2
days ago; the postponement gives her a few more days among the living and
her children a few more days with a mother. And it gives the slain mans
family a few more days to decide between vengeance - or forgiveness.
(source: Arab News)
IRAN:
Conflicting reports on execution ----Rights groups dispute claims 2 were
hanged for being gay
A photo of 2 teenaged boys being hanged in Iran last week swept across the
Internet with claims they were executed for being gay.
The Human Rights Campaign, the nation's largest gay rights group, which
has no position on the death penalty, fired off a letter to Secretary of
State Condoleezza Rice repeating the allegations and urging her to
intervene. The U.K.-based gay rights group Outrage and Belgian Foreign
Minister Karel de Gucht also condemned the hangings.
But the circumstances that triggered the executions are now being
questioned by several human rights groups, which claim the teenagers,
Mahmoud Asgari and Ayaz Marhoni, may not have been killed for being gay.
Research conducted by the International Gay & Lesbian Human Rights
Commission, Human Rights Watch and Amnesty International has found, so
far, that the teenagers were convicted of and executed for raping a
13-year-old boy, a crime that occurred when they may have been minors. The
human rights organizations have not yet uncovered evidence that the
charges were trumped up, officials said. Asgari and Marhoni also
reportedly received 228 lashings while in detention for drinking and
theft.
The human rights groups note that Iran's execution and torture of the
teenagers remains appalling, no matter the circumstances.
Scott Long, director of Human Rights Watchs Gay, Lesbian, Bisexual &
Transgender Project, said the public hangings were a "horrific human
rights violation." One of the boys was a minor when the alleged crime was
committed. The International Convention on the Rights of the Child, of
which Iran is a signatory, forbids the execution of juveniles.
There is also uncertainty about the exact ages of Asgari and Marhoni,
according to Long. Marhoni may have been 19, which means he was not a
juvenile when the alleged crime was committed about 14 months ago, he
said. Some news outlets reported that Asgari and Marhoni were 16 and 18
respectively when they were executed.
"We hope that the gay community won't simply turn away from it if it may
not be a 'gay rights' case," Long said.
According to Human Rights Watch, local Iranian news reports tell a
detailed story of the alleged crime, including interviews with the victims
father and a description of how the boy's bike was stolen before he was
abducted and assaulted at knifepoint.
It appears that reports claiming the boys were executed for being gay
originated with the National Council of Resistance of Iran, an opposition
group that is classified as a terrorist organization by the U.S. State
Department. Accounts of the executions on gay news Web sites referenced
reports by the group and its English language news site,
www.iranfocus.com.
"It was not a gay case," said Paula Ettelbrick, executive director of the
International Gay & Lesbian Human Rights Commission, which condemns
capital punishment. "We would welcome HRCs involvement in demanding that
our government speak out on human rights violations. It was just the wrong
case."
Ettelbrick said she was also disturbed by the racially charged language
used by some gay rights groups to condemn the execution, such as when
Peter Tatchell of Outrage said in a statement, "This is just the latest
barbarity by the Islamo-fascists in Iran."
HRC received their information on the executions in Iran primarily from
Thursday and Friday news reports last week, according to HRC's Steven
Fisher. An investigation to determine the truth is still needed, he said.
(source: New York Blade)
********************************
IGLHRC Executive Director on the Iranian executions
Paula Ettelbrick, the Exeutive Director of the International Gay and
Lesbian Human Rights Commission, has issued the following letter regarding
the reports about the hangings of 2 teenage boys in Iran.
July 29, 2005
Dear Friends:
How have we all gotten to a point of seeming to be at odds or in different
"camps" about what did or did not happen in Iran regarding the execution
of two young men? What happened is outrageous, no matter how we look at it
- public executions, putting juveniles to death for any reason (which, by
the way, the US Supreme Court only struck down this past term!! - god
knows what will happen with John Roberts on the bench), executing anyone
(women, gay people, children) because their sexuality, sexual desires,
sexual activity, or gender are at odds with cultural norms developed to
control us, or, in IGLHRCs opinion, imposing a death penalty on anyone for
any reason.
And, of course, it strikes a particular chord of outrage for us as people
who are lesbian, gay, bi or trans - to think of our lives as so expendable
and our sex so grotesque.
All of us share the view that the criminalization of consensual sexual
conduct must end - everywhere. But what our community has not reached
agreement on is that, in addition to the crime, we must also take a stand
against the punishment - such as the death penalty. And to be effective in
taking a stand against the punishment, we need to look beyond our own
community and oppose the ways in which it as been used to control social
norms and has been imposed primarily on societys more fungible individuals
- poor people, racial/ethnic/political minorities, women (married and
unmarried), and LGBT people. For instance, in many parts of the world it
is acceptable to put women to death for adultery, non-marital sex, and
other sexual offences. If we cannot make the connections here, with women,
who have spearheaded a large and vocal global movement opposing such
practices, we will continue to simply shout into the wind with our
outrage.
We are right to be highly skeptical about the facts as presented by
conservative or government sources in Iran. We know, for instance, that
freedom of the press is not exactly a value to the government of Iran. We
also know all too well, from Iranian lesbian and gay people who are among
us in many parts of the world, that the horrific treatment of
homosexuality/gay/lesbian identity in Iran is legendary and extreme.
For years, IGLHRC has collected information about the conditions faced by
LGBT people and people with HIV in 144 countries around the world,
including Iran. Among our findings in Iran are:
- In April 1992, Dr. Ali Mozafarian, a Sunni Muslim leader in Fars
province was executed in Shiraz. He was convicted of espionage, adultery
and sodomy.
- On March 14, 1994, dissident writer Ali Akbar Saidi Sirjani was charged
with offences ranging from espionage to homosexual improprieties.
- On Novemer 12, 1995, Mehdi Barazandeh was condemned to death by the
Supreme Court of Iran for repeated acts of adultery and the "obscene act
of sodomy." The Courts decree was carried out by stoning.
- In an article entitled "Muslim Intolerance,' published in the French
daily, Le Monde, on January 24, 2002, the author, Sahebjam Freidoune
wrote: 'Between March 2001 and December 2001, 12 men, aged between 15 and
57, have also been stoned for homosexuality and sodomy. These public
executions from another era, in which each [spectator] throws his stone,
have taken place particularly in Salmas, Mourchekhort, Sari, Touyserkan
and Mirjaveh. Sixteen men were killed by stoning between March 2000 and
March 2001, and ten between March 1999 and March 2000.'
" On May 13, 2003, Agence France Presse quotes a judiciary official in an
article entitled Iranian beheaded, 8 hanged in wave of executions: 'An
Iranian was beheaded in public and 8 others hanged for offences ranging
from rape and murder to kidnapping women and girls, homosexual acts,
sodomy and fornication'"
Under the Islamic Penal Code adopted in Iran, lesbians fare no better,
though documentation of punishments has not been as specific. Among other
things the law provides, 'Punishment for lesbianism (Mosahqeh) is one
hundred lashes for each party." If the act of lesbianism is repeated three
times and punishment is enforced each time, [a] death sentence will be
issued the fourth time - If 2 women not related by consanguinity stand
naked under one cover without necessity, they will be punished to less
than one hundred lashes.'
I could go on and on with stories, laws and practices in Iran that point
to some of the most egregious human rights violations based on sexuality.
The point here is that there is little doubt that assumptions about
sexuality played a role in this. So where does that leave us?
Well, to some extent it is a question of how we can be most effective and
heard. To this end, I offer a correction to the assertion by members of
OUTRAGE! that I 'condemned' Peter Tatchells initial comment, "This is just
the latest barbarity by the Islamo-fascists in Iran." As I said, and the
Washington Blade correctly quoted, I was disturbed (not "condemning") by
what I interpreted as language having the potential to be
racially/religiously charged. The US government has successfully whipped
up so much anti-Muslim, anti-Arab hostility to justify it's war on Iraq,
that people here actually think that bombing Iraq was just revenge for the
World Trade Center destruction. In other words, we can't quite distinguish
among people from the Middle East - or the rest of the world for that
matter - and are led to think of all of them as enemies, just at a time
when the most important thing we can do is to engage with Iranians who are
committed to human rights - both LGBT and non-LGBT.
Second, it's interesting that this case has suddenly drawn such a rapid
and strong response when these abuses have been going on for years without
a peep from US-based LGBT groups. Why now? Why just Iran? There's no doubt
that we should be demanding answers to what has happened, and continuing
to get information about what many of us believe, but cannot say for
certain, is a gay-related execution. I am grateful to OUTRAGE!, Doug
Ireland, Mike Rogers, Stephen Barris, and others for insisting that we
continue to ask questions. Our skepticism about what any government
provides as a motivation for such violence is a healthy response; it's our
action with regard to the information that requires a clear strategy. If
it is true that they were put to death primarily because of a real or
perceived "gay relationship" what is it that we should/can do to bring it
to light, move our governments to respond, connect with our Iranian
colleagues - both in the country/region and outside, and help move world
and opinion international human rights experts to demand or Iran that it
honor its commitments under international law to suspend use of the death
penalty.
Finally, we need to bridge the gap that continues to exist between many
lesbians and gay men about circumstances of sexual assault and rape.
Because of the basic lack of respect for the lives, bodies and rights of
girls and women in most of the world (including here in the US), the
regular, persistent, sadistic level of abuse faced by girls and women
around the world every day is heart wrenching. So just as I, as a lesbian,
am skeptical of any claim that this case is not about homosexuality, I
have to say that as a woman I am equally skeptical about claims that this
is not simply a case of sexual assault on a 13-year old boy. Both stories
are the types that get swept under the rug, ignored and justified too
often.
So, how do we proceed? It's too late for justice for these young men. Can
we focus on strategies for engaging world leaders on the general topic of
imposing the death penalty in cases involved sexuality - whether
consensual or not, since in either case, the punishment is certainly
disproportionate to the crime?
Paula L. Ettelbrick, Executive Director
International Gay and Lesbian Human Rights Commission
(source: PageOneQ)
