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The death penalty for homosexuality was historically implemented by a number of countries worldwide. It currently remains a legal punishment in several countries and regions, all of which have sharia-based criminal laws. Being prescribed by the law does not necessarily mean that the penalty is carried out in practice.

In current state laws

Vorlage:Further

As of 2019, the following jurisdictions, all of which have sharia-based criminal laws, prescribe the death penalty for homosexuality:

  • Vorlage:Flag. The Afghanistan Penal Code does not refer to homosexuality explicitly, but provides for prosecuting it under the sharia category of zina (illicit sexual intercourse), which according to some traditional Islamic legal schools may entail the hadd (sharia-prescribed) punishment of stoning, when strict evidential requirements are met. The Hanafi school, prevalent in Afghanistan, does not regard homosexual acts as a hadd crime, although Afghan judges may potentially apply the death penalty for a number of reasons. No known death sentences for homosexuality have been passed since the end of Taliban rule in 2001.[1][2]
  • Vorlage:Flag's Sharia Penal Code, implemented in stages since 2014, prescribes death by stoning as punishment for sex between men.[3] This applies to Muslims, and non-Muslims including those on Brunei ships and aircraft and those in transit.Vorlage:Cn
  • Vorlage:Flag.[4] Homosexual intercourse is declared a capital offense in Iran's Islamic Penal Code, enacted in 1991. Though the grounds for execution in Iran are difficult to track, there is evidence that several people were hanged for homosexual behavior in 2005-2006 and in 2016, in some cases on dubious charges of rape.[5][6]
  • Vorlage:Flag.[4] According to a 1984 law, Muslim men can be stoned for engaging in homosexual sex, though no executions have occurred so far.[7]
  • Vorlage:Flag, where several northern states have adopted sharia-based criminal laws.[4]
  • Vorlage:Flag, where the death penalty for homosexual acts is technically permitted by the law, but not applied in practice.[4]
  • Vorlage:Flag, applicable only to Muslims, for extramarital sex regardless of the gender of the participants. There is no evidence that the death penalty has been applied for consensual same-sex relations taking place between adults and in private.[4]
  • Vorlage:Flag, which does not have codified criminal laws.[4] According to the country's interpretation of sharia, a married man who commits sodomy, or a non-Muslim who engages in sodomy with a Muslim, can be stoned to death.[7] There were unconfirmed reports that two cross-dressing Pakistani nationals were killed by Saudi authorities in 2017, which Saudi officials have denied.[4]
  • Vorlage:Flag (Vorlage:Flag), where Islamic courts have imposed sharia-based death penalties in some southern regions.[4][7]
  • Vorlage:Flag, for a third conviction[4]
  • Vorlage:Flag There is a dispute among legal experts as to whether the law of the United Arab Emirates allows for the death penalty for homosexuality; a recent Amnesty International report found no instances of death sentences.[7] Article 354 of the Federal Penal Code states: "whoever resorts to coercion in sexual intercourse with a female or homosexuality with a male, shall be punished by the death penalty."[8]
  • Vorlage:Flag.[4] According to a 1994 law, married men can be sentenced to death by stoning for engaging in homosexual intercourse.[7]

Extrajudicial killings

In some regions, gay people have been murdered by Islamist militias, such as ISIS in parts of Iraq and Syria and the Houthi movement in Yemen.[4]

Anti-gay purges in the Chechen Republic, a part of the Russian Federation, have included forced disappearances — secret abductions, imprisonment, and torture — by authorities targeting persons based on their perceived sexual orientation. An unknown number of men, who authorities detained on suspicion of being gay or bisexual, have reportedly died after being held in what human rights groups and eyewitnesses have called concentration camps.[9][10]

History

Australia

Australian states and territories inherited British laws relating to homosexuality, and laws passed in nineteenth century colonial parliaments retained the provisions which made homosexual activity a capital crime.[11] Over time, various jurisdictions began to reduce the death penalty for sodomy to life imprisonment, with Victoria being the last to remove the death penalty for this crime, in 1949.[11] The last person arrested for homosexual sex in Australia was a man in 1984 in Tasmania.Vorlage:Citation needed The last part of Australia to legalise consensual homosexual sex between adults was Tasmania in 1997.

Germany

While many of the Christian majority countries in Europe, The Americas and Asia had begun to decriminalise homosexuality by the mid 20th century, Adolf Hitler and the National Socialist German Workers Party, with intense far-right nationalist support, outlawed homosexual groups and included homosexuals as one of the minority groups sent to concentration camps. An estimated 3000-9000 homosexuals died in concentration camps between 1933 and 1945, with another 2000-6000 survivors made to serve the rest of their sentence in prison under Paragraph 175.

United Kingdom

From 1533 the capital felony for any person to "commit the detestable and abominable vice of buggery with mankind or beast", was repealed and re-enacted several times, until it was reinstated in 1563 remaining unchanged until 1861.[12] The last execution took place on 27 November 1835 when James Pratt and John Smith were hanged at Newgate.

One source claims the last execution for sodomy in the British Empire happened in the Colony of Tasmania (now part of Australia) in 1867.[13]

United States and colonial America

Vorlage:See also Colonial America had the laws of the United Kingdom, and the revolutionary states took many of those laws as the basis of their own, in some cases verbatim.[12] The last law where the death penalty was on the statute books was South Carolina, the old British law was not repealed until 1873, twelve years after the mother country.[12]

The number of times the penalty was carried out is unknown. Records support two executions, and a number of more uncertain convictions, such as "crimes against nature".[12]

References

Vorlage:Reflist

  1. Here are the 10 countries where homosexuality may be punished by death In: The Washington Post, 16 June 2016. Abgerufen im 25 August 2017 
  2. The Death Penalty in Afghanistan. Death Penalty Worldwide, abgerufen am 25. August 2017.
  3. Hannah Ellis-Petersen South-east Asia correspondent: Brunei introduces death by stoning as punishment for gay sex In: The Guardian, 28. März 2019 (britisches Englisch). 
  4. a b c d e f g h i j k Aengus Carroll, Lucas Paoli Itaborahy: State-Sponsored Homophobia: A World Survey of Laws: criminalisation, protection and recognition of same-sex love. In: International Lesbian, Gay, Bisexual, Trans and Intersex association. Mai 2015, abgerufen am 5. April 2019.
  5. Asal, V., Sommer, U.:  Legal Path Dependence and the Long Arm of the Religious State: Sodomy Provisions and Gay Rights Across Nations and Over Time. State University of New York Press, S. 64.
  6. How homosexuality became a crime in the Middle East In: The Economist, June 6, 2018 
  7. a b c d e Max Bearak, Darla Cameron: Analysis - Here are the 10 countries where homosexuality may be punished by death In: The Washington Post, 16 June 2016 
  8. https://legaladviceme.com/legislation/117/uae-federal-law-3-of-1987-promulgating-penal-code#volume-two-crimes-and-penalties
  9. Lydia Smith: Chechnya detains 100 gay men in first concentration camps since the Holocaust In: International Business Times UK, 10 April 2017. Abgerufen im 16 April 2017 
  10. Daniel Reynolds: Report: Chechnya Is Torturing Gay Men in Concentration Camps In: The Advocate, 10 April 2017. Abgerufen im 16 April 2017 
  11. a b Graham Carbery: Towards Homosexual Equality in Australian Criminal Law: A Brief History. Australian Lesbian and Gay Archives Inc., 2010 (org.au [PDF]).
  12. a b c d Louis Crompton: Homosexuals and the Death Penalty in Colonial America. In: Journal of Homosexuality. 1. Jahrgang, Nr. 3, 1976, S. 277–293, doi:10.1300/j082v01n03_03 (unl.edu [abgerufen am 20. Mai 2016]).
  13. The companion to Tasmanian history: Homosexuality