【JAPAN
TIMES】
Gay Iranian recognized by UNHCR loses bid for refugee status
By HIROSHI
MATSUBARA
Staff writer
Feb 26, 2004
The Tokyo District Court
on Wednesday rejected a lawsuit filed by a 40-year-old Iranian seeking
recognition as a refugee on the grounds hewould be punished due to his
homosexuality under Iran's Islamic penal law.
In the first judicial ruling in Japan over whether a person can seek
asylum based on sexuality, the court turned down the man's claim, ruling
he can live safely in Iran as long as he does not overtly engage in
sexual conduct.
The plaintiff, identified only by his nickname Shayda, applied for refugee
status in June 2000. It was the first time homosexuality had been cited
in a refugee application. The application wasrejected tow months later
and the man was held at two detention facilities for foreigners for
19 months for overstaying his visa.
He was recognized as a legitimate refugee by the Office of the United
Nations High Commissioner for Refugees in 2001.
The Tokyo court acknowledged that under Iran's Islamic penal law, perpetrators
of sodomy or other physical acts between people of the samesex can face
punishment, including death. But it said they can live safely in Iran
as long as they do not "overtly" engage in such activities.
Under the Islamic penal law, which took effect in 1991, adults who practice
anal sex can, in the most extreme cases, be put to death, while two
men who sleep naked under a cover can be punished with up to 99 lashes.
If two men kiss "with lust," they face up to 60 lashes. Women
who repeatedly engage in homosexual relations can also face the death
penalty.
The plaintiff's side argued there have been many media reports of homosexuals
being executed in Iran, often in "cruel" ways, including being
stoned to death, even in recent years.
As Shayda has participated in a variety of gay movements since arrivingin
Japan in 1991, he may immediately face persecution if he returnsto Iran,
his lawyer said.
But while the court acknowledged that the reports from Iran were credible,
it nonetheless said that a person can still find a way to avoidpersecution
while living as a homosexual.
After the ruling, his attorney said he woud appeal, but Shayda indicated
he was frustrated with the outcome of the 3 1/2-year trial. He said
he was not shocked by the ruling because he no longer expects much from
Japan's refugee policy.
"I may have no choice but to seek another country where I can findasylum,"
Shayda said.