Mahmoud Asgari and Ayaz Marhoni - Guilty of Child Rape or Victims of Homophobia?

Guilty of Child Rape or Victims of Homophobia?

The British group OutRage! initially alleged that the boys had been executed for engaging in consensual homosexual sex. However, some human rights organizations, including Human Rights Watch and the International Gay and Lesbian Human Rights Commission, have urged observers to refrain from casting the incident as a "gay" issue, and cast doubt on the claim that Marhoni and Asgari were hanged as a result of consensual acts. They have emphasized instead that the executions are a violation of the UN Convention on the Rights of the Child and the International Covenant on Civil and Political Rights (Iran is a signatory to both), which prohibit the execution of minors.

Human Rights Watch has stated "There is no evidence that this was a consensual act," and observed that "The bulk of evidence suggests that the youths were tried on allegations of raping a 13-year-old, with the suggestion that they were tried for consensual homosexual conduct seemingly based almost entirely on mistranslations and on cursory news reporting magnified by the Western press." Human Rights Watch also stated that it was "deeply disturbed by the apparent indifference of many people to the alleged rape of a 13-year old."

OutRage! stated that "the allegation of sexual assault may either be a trumped up charge to undermine public sympathy for the youths, a frequent tactic by the Islamist regime in Iran" or that "it may be that the 13 year old was a willing participant but that Iranian law (like UK law) deems that no person of that age is capable of sexual consent and that therefore any sexual contact is automatically deemed in law to be a sex assault."

OutRage! also questioned why the 13-year old was not identified and also put on trial if he had been sexually assaulted. The two were believed to have been juveniles at the time of the offense, and one is believed to have been a juvenile at the time of his execution. Iran frequently executes people for offenses committed as children, a practice condemned by international human rights treaties.

The facts of the case are still subject to heated debate. The British activist, Peter Tatchell, known for his militant statements opposing Iran, has accused activists who have suggested the two were charged with rape of being "Western left-wing and Islamist apologists" of the "Iranian regime." Some of the reports that were first used to discredit the rape charges originated with an Iranian dissident group accused of serious human-rights violations, one that is classified as a terrorist organization by the United States and Iran (the National Council of Resistance of Iran).

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