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United Kingdom Asylum and Immigration Tribunal
You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> HA (Article 3, Refugee, Adultery, Punishment) Iran CG  UKIAT 00095 (17 October 2003)
Cite as:  UKIAT 95,  UKIAT 00095
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HA (Article 3-Refugee-Adultery-Punishment) Iran CG  UKIAT 00095
Date of hearing: 1 October 2003
Date Determination notified: 17.10.03
|Secretary of State for the Home Department||APPELLANT|
For the appellant: Mr C. Buckley, Senior Home Office Presenting Officer.
For the respondent: Ms N. Braganza, Counsel, instructed by Mssrs Berryman Shacklock, Solicitors.
'48. I accept in total the report of Professor Haleh Afshar who is an immanent (sic) and well-qualified academic expert on Islam and Iran and as such able to give a very persuasive opinion which I accept. Her opinion being that there is a high level of probability that the [respondent] would face execution in Iran. According to Iranian law adultery is a cardinal sin, in a country that is ruled by the faith. In the case of an adulterous couple Article 61 of the Iranian Islamic Qassas laws condones their murder.
49. Honour killing is not considered to be a crime at all…the Qassas laws allow the state to stone the "sinners" to death. She further comments on the position regarding bail by stating that it is quite common for courts to release individuals on bail pending appeal or further trials. The accused and sometimes even prisoners are required to place a substantial sum or deeds of their houses as security against their temporary release. Again I accept this opinion and it is consistent with the account given by the [respondent].
50. I also note from the background material that the punishment of stoning for adultery is not a mere threat but is carried out and in the words of one of the parliamentary representatives these are difficult but necessary punishments that put the fear of god into potential sinners'.
'55. I find that according to the proper standard of proof that having examined the objective documents and considered the [respondent's] evidence which I accept that this is the correct interpretation of the situation. Although the respondent should have known what the consequences were of entering into an adulterous relationship he opened himself up to risk of retribution by his one act of indiscretion but this one act is likely to result in what I find as a wholly disproportionate consequences because of the religious code and system of policing what the Iranian Authorities may considered (sic) to be social deviancy.
'56. I find therefore that this is in effect an instance of both religious and/or political persecution for which the [respondent] is entitled to protection of the international community under the 1951 Refugee Convention. I find that the persecution is and would be carried out by the state itself or by its agents and that it is reasonably likely that he would be arrested at Tehran airport on arrival'.
P R Lane