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 the 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, Peter Tatchell, a British human rights activist, has written to British Foreign Secretary William Hague urging him to contact the chief justice of Iran in a bid to halt the execution.
“Ebrahim’s case is evidence that innocent heterosexual people can be sentenced to death on false charges of homosexuality [in Iran],” said Tatchell, cofounder of the London-based gay rights group OutRage.
Hamidi was arrested two years ago in the suburbs of the western city of Tabriz 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. After three days in detention, Hamidi confessed to the crime, allegedly under torture. The other three were cleared of all charges when promised by officials that they would be freed if they testified against Hamidi.
However, last month Hamidi’s victim admitted that he had been under pressure from his parents to make false accusations against Hamidi. Nevertheless the local judiciary has insisted that he should be executed.
Mostafaei initially wrote an open letter about Hamidi’s case to highlight the execution of juvenile offenders. However, two weeks ago Mostafaei’s wife, Fereshteh Halimi, was arrested and has been kept in solitary confinement in Tehran’s notorious Evin prison without charge.
Mostafaei fled to Turkey, where he was promptly arrested for entering the country illegally. On Friday, however, the Turkish authorities released him after EU diplomats intervened on his behalf.
Mostafaei, whose office in Tehran is now sealed off, is credited with saving at least 50 people from execution during his career, among them many juvenile offenders. A recent client, Ali Mahin-Torabi, was released last month after Mostafaei’s efforts commuted his death sentence.
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