A/HRC/22/56 I. Lesbian, gay, bisexual and transgender community 65. The Special Rapporteur continues to share the concern of the Human Rights Committee that members of the lesbian, gay, bisexual and transgender (LGBT) community face harassment, persecution and cruel punishment, and are denied basic human rights. The new draft Islamic Penal Code criminalizes same-sex relations between consenting adults. Articles 232 and 233 of the new Penal Code would mandate a death sentence for the “passive” male involved in sodomy, regardless of whether his role was consensual. Under the new law, “active” Muslim and unmarried males may be subject to 100 lashes as long as they are not engaged in rape. Married and/or non-Muslim males may be subject to capital punishment for the same act. According to the new Penal Code, men involved in nonpenetrative same-sex acts or women engaged in same-sex acts would also face 100 lashes.. 66. The Special Rapporteur is concerned that criminalizing same-sex relations could lead to the violation of core human rights guarantees, including the right to life, the right to liberty, the right to be free from discrimination and the right to be protected against unreasonable interference with privacy, provided under international human rights instruments, particularly the International Covenant on Civil and Political Rights. The Special Rapporteur joins the Secretary-General and the United Nations High Commissioner for Human Rights in their call for an end to violence and discrimination against all people, irrespective of their sexual orientation and gender identity.68 67. Interviews with 24 members of the Iranian LGBT community for the present report substantiated many of the concluding observations made by the Human Rights Committee.69 Fifteen interviewees stated that they had been arrested at least once for their sexual orientation or for associating with other LGBT persons. Thirteen reported that, in detention, security officers had subjected them to some form of torture or physical abuse, including punching, kicking or baton strikes to the head or body and, in a few cases, sexual assault and rape. Several people reported that they had been coerced into signing a confession. The criminalization of same-sex relations facilitates physical abuse in the domestic setting as well. A majority of these individuals reported that they had been beaten by family members at home but could not report these assaults to the authorities out of fear that they would themselves be charged with a criminal act. J. Socioeconomic rights 1. Right to education 68. In addition to the limitations put on access to education for women and some religious minorities, reports continue to indicate that students engaged in political activities are being deprived of their education (see table 5 below). In a letter to the Special Rapporteur, an Iranian student organization, Daftar Tahkim Vahdat, reported an increase in punitive action against student organizations, publications and activities in reaction to peaceful efforts aimed at improving academic life and defending student and human rights. 68 69 20 See “Born Free and Equal: sexual orientation and gender identity in international human rights law”, OHCHR, 2012. Available from www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf. See CCPR/C/IRN/CO/3, para. 10.