Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+)
The law criminalizes consensual same-sex sexual activity, which is punishable by death, flogging, or a lesser punishment. The law does not distinguish between consensual and nonconsensual same-sex intercourse, and NGOs reported this lack of clarity led to both the survivor and the perpetrator being held criminally liable under the law in cases of assault. Hate-crime laws or other criminal justice mechanisms do not exist to aid in the prosecution of bias-motivated crimes.
Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists expressed concern that the government executed LGBTQI+ individuals under the pretext of more severe, and possibly specious, criminal charges such as rape and incest. Those accused of “sodomy” often faced summary trials, and evidentiary standards were not always met. The Iranian Lesbian and Transgender Network (6Rang) noted that individuals arrested under such conditions were traditionally subjected to forced anal examinations – which the United Nations and World Health Organization stated may constitute torture – and other degrading treatment and sexual insults.
In February HRANA reported the execution of Mehrdad Karimpour and Farid Mohammadi, allegedly sentenced on charges of “sexual intercourse between two men” after spending six years on death row. In September a court reportedly sentenced Zahra Seddiqi Hamedani and Elham Choubdar, active members of the LGBTQI+ community, to death after finding them guilty of “corruption on earth” and trafficking. On September 28, UN experts called for a stay of execution, condemning the sentences and expressing concern that they were prosecuted on the discriminatory basis of sexual orientation or gender identity.” The judiciary later stated the sentences were connected to human trafficking, a charge 6Rang and others vehemently deny.
LGBTQI+ persons were often subjected to violence. A 2020 report by 6Rang found that at least 42 percent of LGBTQI+ individuals had been survivors of sexual violence in public spaces, 68 percent of whom said they “rarely” or “never” have or would seek assistance from the judiciary; 19 percent of respondents said they had been victims of violence and abuse by the policy or judiciary.
The law does not prohibit discrimination based on sexual orientation, gender identity or expression, or sex characteristics and does not recognize LGBTQI+ individuals, couples, or their families. The law classifies gay men and transgender women as having mental disorders and, on those grounds, exempts them from the otherwise mandatory service for male citizens. Military identity cards list the subsection of the law dictating the exemption. According to 6Rang, this practice identified gay or transgender individuals and put them at risk of physical abuse and discrimination in everyday life – including risk of arrest. Lesbian and bisexual women are denied full rights as women, and for lesbians these vulnerabilities can be greater and can include forced marriage. Although the government does not collect official data on discrimination against LGBTQI+ individuals, NGOs report members of the LGBTQI+ community experience widespread discrimination in education, employment, healthcare, personal safety, and within their own families.
No information was available on whether individuals were able to change their gender identify markers on government-issued identification cards.
According to the most recent report in 2020 by 6Rang, the number of private and semigovernmental psychological and psychiatric clinics allegedly engaging in “corrective treatment” or reparative therapies of LGBTQI+ persons was increasing. The NGO reported the increased use at such clinics of electric shock therapy to the hands and genitals of LGBTQI+ persons, prescription of psychoactive medication, hypnosis, and coercive masturbation to pictures of persons of the opposite sex. One such institution called the Anonymous Sex Addicts Association of Iran had branches in 18 provinces. The prevalence of conversion therapy practices was also documented by Outright International and public health scholars.
Some clerics believe that LGBTQI+ persons were trapped in a body of the wrong sex, and NGOs reported that authorities sometimes pressured LGBTQI+ persons to undergo gender reassignment surgery. Reports indicated these procedures disregarded psychological and physical health and that some persons recommended for surgery did not identify as transgender but were forced to comply to avoid punishment for their LGBTQI+ identity.
Security forces harassed, arrested, and detained individuals they suspected or perceived as being LGBTQI+. In some cases, security forces raided houses and monitored internet sites for information on LGBTQI+ persons. The government censored all materials related to LGBTQI+ status or conduct. Authorities blocked websites or content within sites that discussed LGBTQI+ topics, including Wikipedia pages defining LGBTQI+ and other related topics.
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