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JOINT COMMITTEE ON FOREIGN AFFAIRS (Sub-Committee on Human Rights) díospóireacht -
Thursday, 20 Oct 2005

Human Rights: Presentation.

I received apologies from Deputy Ruairí Quinn for whom Deputy Michael D. Higgins will substitute. The minutes of the meeting of 13 July 2005 have been circulated. Are they agreed? Agreed.

I welcome Senator David Norris to today's meeting. Senator Norris recently sent correspondence to the sub-committee, which was circulated to members, along with an answer to a parliamentary question tabled by Deputy John Gormley. The substance of Senator Norris's concern and query relates to the recent execution of two young men in Iran and he asked that he be allowed to make a presentation on the matter to the sub-committee this morning.

I greatly appreciate this opportunity to speak on behalf of Ayaz Marhoni, who was 18 years old at the time of his execution, and Mahmoud Azgari, who was aged 17 when he was executed. They had been in prison for approximately two years and were arrested for engaging in consensual sexual activity. Apparently, they admitted this but said that it happened on a regular basis among teenagers, which is generally true, and that they were unaware of the fact that it was against Islamic law.

They were held for 14 months, repeatedly beaten and tortured, condemned by a Sharia court, flogged 228 times and hung from the back of a lorry. There are appalling colour photographs on the Internet depicting the interrogation of these terrified youths and the masked executioners placing nooses around their necks and then stringing them up. It was an unutterably barbaric and filthy act that should be roundly condemned.

I was not aware of the young men's execution but was contacted by a number of people who had seen reports in the Irish Examiner and other newspapers. These people, who are not gay, appealed to me to raise this matter because they were so horrified by what they had seen. I contacted the Iranian ambassador to Ireland and eventually received a very vague reply from him. The reply suggested that the young men were convicted of raping a 13 year old boy at knifepoint, which is an outright lie. The initial reports from the Iranian news agencies do not refer to this alleged rape.

People have been routinely killed in this manner on foot of this accusation in the past. At least 4,000 young gay people have been murdered in this fashion under Sharia law and 100,000 Iranians have been publicly executed since the Ayatollahs took power. I raised this issue with former President Hashemi Rafsanjani and the former Foreign Minister, Dr. Ali Akbar Vilayati, a number of years ago when I was in Iran and I quoted from the Koran during the meeting. There is no endorsement for this practice in the Koran, which contains only two references to homosexual activity. The references, which I think are found in shuras 25 and 26, merely express the Prophet Mohammed's astonishment at people finding sexual satisfaction with persons of their own sex and do not appoint a penalty. The Sharia courts presume to do so and execute girls over nine years of age. Only boys aged 15 and over can be executed so sex discrimination exists in this area.

Two young teenagers, who were aged 16 when they were arrested, were taken into custody, beaten, tortured, humiliated and then taken to a public square where they were flogged 228 times and then hung from the back of a lorry for having consensual sex. Due to the resulting furore, the Iranian Government then changed the story but I do not believe the new version of it.

I am aware that time is limited so I ask that the Iranian ambassador to Ireland be invited to come before this sub-committee and that a report be prepared from all available sources, including groups such as Amnesty International and OutRage!, so that questions can be publicly put to the ambassador. I ask that I be allowed to attend this meeting because it is intolerable that in the 21st century, two young people should have their lives snuffed out in this ignorant and blasphemous fashion simply because they engaged in consensual sex.

Iranian officials are extremely stubborn and the European Union is making a considerable mistake by merely engaging in dialogue with Iran and not condemning it in international fora. I was haunted when I saw the faces of these decent, fine-looking young men and imagined what their feelings were. It is one thing to die as a martyr for a cause or a hero. People can protect themselves from the horrible implications of an imminent death if they feel they are dying for a cause. These two young men were teenagers, who are routinely agonised and confused about sexual identity and the question of their sexual existence. It is a barbarous, filthy and unforgivable crime against humanity to arrest, torture, imprison for nearly two years and publicly humiliate two teenagers and finally hang them from a crane on the back of a lorry, thereby exposing them to contempt at the moment of their death. We should not forget these two people, particularly because the Iranian Government has a track record of similar activity.

I remember raising the issue of two women in a university in southern Iran who were accused of being lesbians. They were taken to a public square and split down the middle with an axe by an executioner. I sought to raise this issue with a visiting Iranian delegation. The session was to have been held in public but unfortunately it was the day on which the late Brian Lenihan died and the meeting was transferred to the Dáil in open session. I regret to tell the sub-committee that all the Iranian parliamentarians totally justified what happened to these two women. At that point, there was no suggestion of rape or anything like it. They received a mild degree of encouragement from some of my colleagues, to their eternal shame. I wish the Irish people had seen the brutal and barbaric stance of those members of the Iranian Parliament who justified this attack on the two women.

As we speak, three terrified teenage boys in Iran are being hunted and may meet the same fate. It is unacceptable and I ask that we take the action I have suggested. We should ask the ambassador to address the committee. Originally, my feelings were so engaged, I wrote a letter that would have scalded the envelope but thought it would be much better to seek information rather than prejudice the case from the beginning. I then wrote a letter seeking information. However, the information I received was paltry and unsatisfactory. I asked for further information but have received none whatsoever. Their officials stated that whatever sentence is decreed by an Islamic penal system must be approved, that instead of paying tribute to the actions of the judiciary, the media are mentioning the age of the hanged criminals and creating a commotion that harms the interests of the state and that they object to this

It is important to state we are against capital punishment. The hanging and torture of children for consensual sexual behaviour is certainly an outrage. We are betraying humanity if we do not register the strongest possible objection with and interrogate the ambassador regarding the charges, ages, conditions in captivity, how the court functions and so on. On behalf of these two lovely young men who were arrested at the age of 16 and publicly humiliated and hanged at the age of 18, I appeal to the committee to do something in their memory and for the victims who are now in the pipeline and will certainly be butchered by these savages if we do not utter the strongest possible protest.

I second and agree with the Senator's comments. In preparation for the meeting, which I hope will take place, we should request through the Department of Foreign Affairs that the Attorney General's office examine the international conventions signed by the Iranian Government, of which I believe there are three or four, particularly relating to questions of torture and cruel and unusual punishment but also relating to others. From memory, when the country ratified and accepted the discipline of these international conventions some years ago, no reserve was entered by the Iranian Government stating, for example, the conventions' powers are limited by any reference to the domestic interpretation of Sharia law.

If they are in breach of conventions that the Iranian Government of the day has signed, an issue arises in respect of the appropriate referral of the persons and administration involved under such new fora as may have come into existence. I have not had time to prepare but, off the top of my head, these are the types of issues that the International Criminal Court should deal with, as it is within the ambit of the so-called Rome court. It raises other issues, such as the relevant category addressed by the International Court of Justice in the Hague.

In expectation of the meeting, we should consider our preparations for such a referral, which would be a friendly act towards the people of Iran. The whole nature of human rights is that they transcend any limited notion of sovereignty and it would be held in any advanced interpretation of international law that one cannot use the defence of sovereignty to justify the abuse described by Senator Norris. The sovereignty defence is not a defence at all. As the Joint Committee on Foreign Affairs Sub-Committee on Human Rights, we have the option of going down this road and I ask Senator Norris to consider this as an addition to his motion.

It is a very welcome addition.

I support both Senator Norris and Deputy Michael Higgins. This was an appalling act. It was outrageous and there is no other word for it. The sooner we can bring this into the public domain by the two actions recommended the better. We should try to encourage the ambassador to attend the committee and bring the matter into the international arena as Deputy Michael Higgins has suggested, as I am sure there are others like it lurking in the background.

I do not want to blur the focus but I have been asked to raise another issue, namely, the massive inhibitions on education and employment of the Baha'i community in Iran. It is a separate matter but I ask that it be considered.

I thank Senator Norris for bringing this matter to the committee's attention. I received correspondence from the gentleman who wrote to him and indicated that the Senator would be raising the matter for discussion this afternoon. Our committee strongly abhors capital punishment but in this particular case, when public humiliation, torture and the ritual of abuse is added, a shocking situation is made even worse. From a human rights perspective, the case illustrated is one that we must pursue vigorously and we will take on board the suggestion of requesting the attendance of the Iranian ambassador to answer a number of questions. We will also take on board in so far as we can the suggestions made by Deputy Michael Higgins and try to pursue some of them in advance of inviting the ambassador.

The Senator has brought before the committee an example of the abuse of human rights at its worst and we would be remiss in our duty as a human rights sub-committee if we did not make our views on this issue strongly and clearly known. Rather than simply writing to the ambassador, it is important to have him here to take questions from us and other interested parties. We will try to get that process under way as quickly as we can and will actively pursue the matter.

I thank the Chairman and am grateful for his attitude in light of the attempt by the Iranian Government to smear these men post mortem by accusing them of rape, which never formed part of the trial.

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