Boy to be executed for Underage Homosexual Act, Take Ation!

This information comes via an Iranian student in Canada's blog (http://kamangir.net/2007/10/30/boy-to-be-executed-for-underage-homosexual-act-take-ation/) and clearly shows the dangers of religion run amok. At times, I think religion has caused more horrors and death over the course of history than any other cause save plagues and primitive medical care. Iran's track record on the treatment of gays is among the worse in the world. I do have to wonder, however, how the judge "knew" that penetration had occurred? Does he have experience with gay sex? Amnesty International is also reporting this story (http://web.amnesty.org/library/Index/ENGMDE131252007?open&of=ENG-2MD) Here are a few highlights:

Child offender Makwan Moloudzadeh, an Iranian Kurd, is believed to be at risk of imminent execution. He has reportedly been convicted of lavat-e iqabi (anal sex) for the alleged rape of a 13-year-old boy. Makwan Moloudzadeh was aged 13 at the time of the alleged offence. His death sentence has been passed to the Office for the Implementation of Sentences and he is due to be executed in public, near his home.

He was reportedly arrested on 1 October 2006 in Paveh, in the western province of Kermanshah. He was detained in Paveh Prison and later transferred to Kermanshah Central Prison. Following interrogations in Paveh during which he was reportedly ill-treated, he was tried by Branch 1 of the Kermanshah Criminal Court and on 7 June 2007 he was sentenced to death. The witnesses and the two people who had pressed charges against him withdrew their claims after the trial. Under Iranian law, children (boys of up to 14.7 years) are to be flogged for lavat ("homosexual acts").

However, the judge relied on ‘elm-e qazi, the "knowledge of the judge" to determine that penetration had taken place and that Makwan Moloudzadeh could be sentenced to death. Makwan Moloudzadeh lodged an appeal on 5 July, which the Supreme Court rejected on 1 August. Several witnesses have withdrawn their testimonies and signed notarized written statements to that effect.

Article 1210(1) of Iran’s Civil Code sets the ages of 15 lunar years as the age of criminal responsibility for boys, and nine lunar years for girls. Makwan Moloudzadeh was reportedly born on 31 March 1986 and, at the age of 13, was a minor under Iranian law at the time of the alleged offence. According to Article 49 of Iran’s Penal Code: "Children, if committing an offence, are exempted from criminal responsibility. Their correction is the responsibility of their guardians or, if the court decides, by a centre for correction of minors." Furthermore, in this case the judge used the customary practice of "judge’s knowledge" to override Article 113 of Iran’s Penal Code which states, "If a minor has anal sex with another minor, each will receive up to 74 lashes unless one of them was forced to do so [in which case he will not be punished]."

since 1990, Iran has executed at least 24 child offenders, with a further two reportedly put to death on 17 October 2007. At least 78 child offenders are on death row in Iran; at least 15 Afghan child offenders are reportedly under sentence of death. For more information about Amnesty International's concerns regarding executions of child offenders in Iran, please see: Iran: The last executioner of children (MDE 13/059/2007, June 2007)http://web.amnesty.org/library/index/engmde130592007