ID2_6085:::https://www.scruff.com/ct/resources/travel/as... О том, что в Иране за гомосексуализм с несове...

Iraq

LAST UPDATED NOVEMBER 2018

Legal Code Summary

Sexual acts between consenting adult males are criminalized in Iraq. A person convicted of committing these acts may be subject one or more of the following:

Severe Penalties

Death penalty

Also noteworthy

Islamic Sharia Law is or may be in force in this country. Islamic Sharia Law typically codifies severe penalties for homosexual acts, up to and including the death penalty. Penalties may be particularly severe for 1) acts performed by or with Muslims and 2) persons considered to be married under Islamic Sharia Law
Non-state agents (e.g. local militias) that target LGBTI people for persecution are present in areas of this country

Legal Code Text

While the Iraqi Penal Code does not prohibit same-sex relations, various reports have shown that self-proclaimed Sharia judges have sentenced people to death for committing homosexual acts and that militias frequently have kidnapped, threatened and killed LGBT people.

Morality Code Limiting Sogi Public Expression: “Any person who himself or through some mechanical means sings or broadcasts in a public place obscene or indecent songs or
statements is punishable by a period of detention not exceeding 1 year or by a fine not exceeding 100 dinars.”

ILGA Analysis & Notes

After the American invasion in 2003 the Penal Code of 1969 was reinstated in Iraq. This code does not prohibit same-sex relations. 347

However, non-State actors in Iraq including Sharia judges, continue to order executions of men and women for same-sex sexual behaviour, despite the fact that Iraq’s civil code makes no reference to same-sex sexual behaviour, does not criminalise it, and neither does the country’s (civil law) legal system defer to the Sharia court. It is also known that both police and militias have frequently kidnapped, threatened and killed LGBT people. 348

The Daesh (or ISIS / ISIL) held areas of northern Iraq and northern Syria, are known to target men and women on account of their gender expression, gender identity and their sexual orientation. The Nusr [‘Victory’ in Arabic] website, which claims to be the website of the Islamic Caliphate, has a section on Legal Jurisprudence (evidence-based rules and the Penal Code). One of the pages under this section is dedicated to “Punishment for Sodomy”, which states: “The religiously-sanctioned penalty for sodomy is death, whether it is consensual or not. Those who are proven to have committed sodomy, whether sodomizer or sodomized, should be killed...”.
In 2015, the United Nation Human Rights Committee that oversees the International Covenant on Civil and Political Rights (ICCPR) issued its Concluding Observations to Iraq. These included (at paras. 11 and 12) concerns on the stigmatisation and social exclusion of people on the basis of SOGI, and their inability to publicly demonstrate peacefully. The Committee acknowledged, “... diversity of morality and cultures must [...] always be subject to the principles of universality of human rights and non-discrimination”. The State should, therefore, “vigorously” combat stereotypes, ensure enjoyment of Covenant rights to all, investigate, prosecute perpetrators and compensate victims, collect data on SOGI-related crime, and create anti-discrimination legislation that lists SOGI as a ground for protection”.
Earlier in 2015, the United Nations Committee Against Torture - in relation to reliable reports before it – at para. 25 expressed concern that these attacks occur regularly and with impunity, at times leading to death. As such, Iraq should “take effective measures to prevent violence based on real or perceived sexual orientation and gender identity and ensure that all acts of violence are investigated and prosecuted promptly, effectively and impartially, perpetrators brought to justice and victims provided redress”.