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Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.
Gay people also face extrajudicial killings by state and non-state actors in some states and regions of the world. Locations where this is known to occur include Iraq, Libya, Syria and the Chechnya region of Russia. Imposition of the death penalty for homosexuality may be classified as judicial murder of gay people.
"... 'full legal certainty' is understood as the absence of disputes about whether the death penalty can be legally imposed for consensual same-sex sexual conduct. This legal certainty may be derived from the existence of written, codified laws unequivocally prescribing the death penalty for same-sex conduct ... Conversely, the lack of clear provisions mandating the death penalty for consensual same-sex sexual acts, the existence of disputes between scholars and experts with regard to the interpretation of ambiguous provisions, and the need for judicial interpretation of certain 'generic' crimes to encompass consensual same-sex sexual acts has led ILGA World to classify the remaining five UN Member States ... as jurisdictions where there is no full legal certainty.
"It bears mentioning that in all five states ... there is full certainty that the alternative in default of the death penalty is always a provision of law criminalising consensual same-sex sexual acts with corporal punishment, imprisonment and/or a fine. Therefore, this uncertainty does not hinge on 'criminalisation vs non-criminalisation', but rather on the severity of the penalties imposed."
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