Law on Computer Crimes criminalizes the distribution of “immoral content.”43 Governmentmandated organizations set up to preserve “public morality,” notably the Basij militia, reportedly harassed, arrested, detained and abused LGBT individuals on the basis of the aforementioned regulations.44 45 46 Similarly, law enforcement forces have been reportedly arresting and detaining transgender individuals for appearing cross-dressed in public, an act considered haram (forbidden under Islamic law) until a ‘disorder’ could be medically and legally established.47 Additionally, Article 638 of the 2013 Penal Code provides that all women must appear in public wearing the mandatory hijab,48 a provision that has been reportedly used against both transgender men pressured into wearing a hijab and transgender women accused of “crossdressing” in public, regardless of whether their change in gender has been legally recognized. 49 In a number of reported cases, transgender individuals arrested on such charges have been detained, prosecuted and sentenced to flogging.50 Due to the lack of official reporting and victims’ fear of social stigma, the number of cases of abuses and discriminations against individuals on the grounds of their sexual orientation and gender identity is likely much higher than those reported by human rights organizations.51 52 In June 2019, when asked about the imposition of the death penalty in cases of same-sex intercourse between men, the Iranian Minister of Foreign Affairs said that the law was reflective of moral principles held by society.53 There is, as of now, no evidence that the Iranian government is currently considering repealing or amending aforementioned laws that result or could result in discrimination, prosecution and punishment of people because of their sexual orientation or gender identity. Recommendation Status: This recommendation has NOT been implemented.54 43 International Lesbian Gay Bisexual Trans and Intersex Association (ILGA), 2019, https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf 44 Iranian Lesbian & Transgender Network (6Rang), 2014, http://6rang.org/english/wp-content/uploads/2014/06/PathologizingIdentities-Paralyzing-Bodies.pdf 45 Iranian Railroad for Queer Refugees (IRQR), 2018, https://irqr.net/wp-content/uploads/2018/09/IQW-Report.pdf 46 OutRight International, 2016, https://outrightinternational.org/sites/default/files/OutRightLesbianReport.pdf?_ga=2.78516692.1992181521.1595330838780871412.1595330838 47 Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf 48 Outright International, 2016, https://iranhrdc.org/islamic-penal-code-of-the-islamic-republic-of-iran-book-five/ 49 Outright International, 2016, https://outrightinternational.org/sites/default/files/OutRightTransReport.pdf 50 Ibid. 51 Small Media, 2018, https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf 52 Iranian Lesbian & Transgender Network (6Rang), 2015, https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19808_E.pdf 53 www.dw.com/en/iran-defends-execution-of-gay-people/a-49144899 54 For more, please see: https://www.ecpm.org/wp-content/uploads/Rapport-iran-2020-gb-070420-WEB.pdf and Minority Rights Group, https://minorityrights.org/wp-content/uploads/2018/03/Rights-Denied-Violations-against-ethnic-and-religious-minoritiesin-Iran.pdf and https://smallmedia.org.uk/media/projects/files/BreakingTheSilence_2018.pdf 7