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BAGHDAD, February 6, 2006 (IRIN) - Living in the shadow of religious
pressure and social discrimination, medical student Ahmed Fatah says there’s
no way he could ever tell anyone about his sexuality.
"I devote most of my time to my studies to forget about the discrimination I
face from society. People see me as a very successful guy, but inside my
soul I’m very sad," Fatah said.
"I’m sad because our society dictates that I must marry one of the girls in
the neighbourhood because it’s religious law," he added.
Homosexuality remains a taboo subject in this Muslim society.
"What for me is love, unfortunately, is punishable by death," Fatah
lamented.
Since 2001, an amendment to the 1990 Penal Code has made homosexual
behaviour between consenting adults a crime. In that year, the Revolutionary
Command Council issued a decree making the offences of prostitution,
homosexuality, incest and rape punishable by death, according to Amnesty
International.
It is believed that the sudden introduction of the death penalty for these
acts was tied to a desire by Saddam Hussein to win the support of Islamic
conservatives.
The law has not been changed since the US-led invasion of the country.
Under Islamic law, the penalty for men engaging in anal sex is also death.
The new Iraqi constitution provides protection against discrimination on a
variety of grounds, including sex, religion, belief, opinion and social and
economic status, but fails to explicitly mention homosexuality.
However, Article 17 of the new Iraqi Constitution states that “each person
has the right to personal privacy as long as it does not violate the rights
of others or general morality”.
Nevertheless, discrimination against homosexuals remains rampant.
"Muslims believe that homosexual behaviour is an offence against Islam and
anyone who behaves this way should be sentenced to death without
compassion,” said Sheikh Ali Amar, a cleric at a mosque in the capital,
Baghdad.
Under the regime of Saddam Hussein, homosexuality was punished using the
harshest of methods, often involving torture.
According to estimates from the Ministry of Human Rights, more than 3,000
men were tortured by Hussein's officials for expressing their sexuality
between 1991 and 2003.
"I was taken by the police in 2002 because I was seen with my partner near
one of the bridges in the capital at night. We suffered for six months with
torture in prison," said Maruan Kalif, who bears both physical and
psychological scars.
"They raped me with the most terrible things… as I cried they hit me with
their shoes and belts," Kalif recalled grimly. "I survived, but my partner
died in front of my eyes."
Kalif’s partner died in prison after five days of continuous rape by
officials, according to Kalif.
"The Iraqi government needs much more time to open up to the problem of
homosexuality, because it’s a very sensitive case," commented Hamam Ali, a
senior official at the Human Rights Ministry.
So-called “honour killing,” the murder of a family member by a relative to
protect the family's reputation, often occurs in Iraq when a man is believed
to be gay, according to the Human Rights Ministry.
Article 111 of the Iraqi Penal Code exempts from prosecution and punishment
men who kill other men or female relatives in defence of their family's
honour.
"He who discovers his wife, one of his female relatives committing adultery
or a male relative engaged in sodomy and kills, wounds or injures one of
them, is exempted from any penalty,” the law states.
Fifteen cases of honour killings have been reported in the past two years
for crimes against homosexuals in the capital alone, according to a
Baghdad-based lawyers’ association.
Abu Qussay said he killed his son after discovering he was gay. He said he
was now considered a hero by his friends.
"I hanged him in my house in front of his brother to give an example to all
of them and prevent them from doing the same," Qussay said proudly.
After the father of two was arrested for the murder, he was charged with the
killing and then released a month later when his lawyer explained why his
client had committed the crime.
"Killing for honour has been a common practice for years, and a short prison
sentence for the killer is common," said Ibraheem Daud, a lawyer specialised
in family crimes based in the capital.
Since 1994, Daud has been involved with nearly 65 cases of honour killings
involving gay men.
Isolated and secret groups have, however, formed locally to provide support
to homosexual men, despite popular discrimination.
"We’ve set up an organisation to help homosexuals suffering from
discrimination and have successfully helped more than 170 people since
January 2005," said Mustafa Salim, a spokesman for the Rainbow for Life
organisation.
Nevertheless, most Iraqi homosexuals expect a long wait before they can
openly adopt their preferred lifestyles.
"I'm not happy,” said Fatah. “I don't want to hang around with friends and
talk about girls."
©
IRIN
IRIN is a UN humanitarian news and information service.
This report does not necessarily reflect
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