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We Are a Buried Generation, by Human Rights Watch

We Are a Buried Generation, by Human Rights Watch

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Published by Mariko
Discrimination and Violence against Sexual Minorities in Iran. "Based on testimony from more than 100 Iranians, this report documents discrimination and violence against LGBT people and others whose sexual practices and gender expression do not conform to government-endorsed socio-religious norms. Human Rights Watch analyzed these abuses within the context of the government's violations against its general population, including arbitrary arrests and detentions, invasions of privacy, mistreatment and torture of detainees, and the lack of due-process protections and fair-trial guarantees." - Human Rights Watch
Discrimination and Violence against Sexual Minorities in Iran. "Based on testimony from more than 100 Iranians, this report documents discrimination and violence against LGBT people and others whose sexual practices and gender expression do not conform to government-endorsed socio-religious norms. Human Rights Watch analyzed these abuses within the context of the government's violations against its general population, including arbitrary arrests and detentions, invasions of privacy, mistreatment and torture of detainees, and the lack of due-process protections and fair-trial guarantees." - Human Rights Watch

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Published by: Mariko on Feb 15, 2011
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07/02/2013

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• Abolish all laws and other legislation under the Islamic Penal Code that criminalize
consensual same-sex conduct, including, but not limited to:
o Articles 110-11, which criminalize sodomy (lavat)and prescribe the punishment for
such acts as death so long as both the active and passive partners are mature, of

sound mind, and have acted of free will ;
o Articles 121-22, which criminalize non-penetrative foreplay (tafkhiz) between men,
and prescribe lashes as punishment (and death upon the fourth conviction);
o Articles 123-24, which criminalize lustful kissing between men and lying naked
under the same cover without any necessity and prescribe lashes as punishment;
o Articles 129-31, which criminalize mosaheqeh, or consensual sexual relations
between women and prescribe lashes as punishment (and death upon the fourth

conviction);

• Abolish or amend article 120 of the Iranian Penal Code allowing convictions, including
those relating to same-sex conduct, based solely on the knowledge of the Shari a judge

as derived through customary methods, which enables judges to rely on tenuous

circumstantial evidence to determine whether a crime has occurred;

• Amend the Islamic Penal Code to include a single, gender-neutral criminal provision on
rape, including criminalization of marital rape;

• Cease the harassment, arrest, detention, prosecution, and conviction of sexual

minorities based on offenses against public morals or chastity, including violating

religious sanctities in public (Article 638), organization of (or participation in) an

immoral or corrupt gathering (Article 639(a)), and encouraging others to engage in

corrupt and obscene acts (Article 639(b));

• Cease harassment, arrest, detention, prosecution and conviction of sexual minorities
based on provisions of the Islamic Penal Code, Press Law, and Cybercrimes Law that

prohibit the production, use, and dissemination of material that is considered

immoral, including LGBT websites, literature, and other paraphernalia;

We Are A Buried Generation

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• Immediately rescind any and all convictions and sentences related to punishment of
individuals who have engaged in consensual same-sex conduct or relations, and

immediately release any and all inmates who are currently serving prison sentences for

such convictions;

• Immediately rescind all unlawful death sentences related to individuals alleged to have
committed the crime of sodomy when they were under the age of 18, regardless of

whether the act was consensual or forced;

• Modify military regulations that prohibit gay and transgender Iranians from serving in the
armed forces because they are considered moral and sexual deviants with behavioral

disorders ;

• Cease the use and administering of all humiliating physical and psychological tests by
private and government health care professionals designed to establish that an individual

applicant is gay or transgender for the purposes of securing a military exemption;

• Prohibit the public harassment, abuse, or arrest of sexual minorities, individuals thought
to be members of the LGBT community, or others (such as effeminate men ) by security

forces, including Iran s basij units, and investigate and prosecute members of the

security forces who engage in such actions;

• Protect and respect the privacy of all Iranians and cease all targeting or entrapment,

including internet entrapment and home raids by security forces against Iran s sexual

minorities;

• Prohibit harassment, abuse, ill-treatment, torture, and sexual assault of sexual

minorities or individuals believed to be members of Iran s sexual minorities by security

forces during detention, and investigate and prosecute members of the security forces

who engage in such actions;

• Prohibit the use of testimony or confessions secured, or which appear to have been
secured, under torture or threat of torture or other ill-treatment in all prosecutions,

including those related to same-sex conduct;

• Ensure that law enforcement authorities properly investigate and charge perpetrators of
domestic violence and abuse (including forced medication and/or medical treatment)

regardless of whether the victims are sexual minorities or not;

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Human Rights Watch | December 2010

• Take all necessary legislative, administrative, and other measures to respect and legally
recognize each person s self-defined gender identity, and to ensure that procedures

exist whereby all state-issued identity papers that indicate a person s gender/sex reflect

the person s self-defined gender identity;

• Ensure that changes to identity documents will be recognized in all contexts where the
identification or disaggregation of persons by gender is required by law or policy;

• Ensure that private employers do not discriminate against persons on the basis of their
sexual orientation or gender identity, and pass specific laws to protect transgender and

transsexual Iranians who are already legally recognized by the Iranian government from

such discrimination;

• Refrain from encouraging or persuading sexual minorities, especially lesbian, gay, and
bisexual Iranians, to undergo sex reassignment surgery in order to become legal under

the law;

• Provide adequate access to physical and psychological services to transgender or
transsexual Iranians, including access to hormone therapy for individuals who have

undergone sex reassignment surgery;

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