Honor Killing - in National Legal Codes

In National Legal Codes

According to the report of the United Nations Special Rapporteur submitted to the 58th session of the United Nations Commission on Human Rights in 2002 concerning cultural practices in the family that reflect violence against women (E/CN.4/2002/83):

The Special Rapporteur indicated that there had been contradictory decisions with regard to the honour defense in Brazil, and that legislative provisions allowing for partial or complete defense in that context could be found in the penal codes of Argentina, Ecuador, Egypt, Guatemala, Iran, Israel, Jordan, Peru, Syria, Venezuela and the Palestinian National Authority.

Countries where the law is interpreted to allow men to kill female relatives in a premeditated effort as well as for crimes of passions, in flagrante delicto in the act of committing adultery, include:

• Haiti: Article 269 of the penal code states "in the case of adultery as provided for in Article 284, the murder by a husband of his wife and/or her partner, immediately upon discovering them in flagrante delicto in the conjugal abode, is to be pardoned."
• Jordan: Part of article 340 of the Penal Code states that "he who discovers his wife or one of his female relatives committing adultery and kills, wounds, or injures one of them, is exempted from any penalty." This has twice been put forward for cancellation by the government, but was retained by the Lower House of the Parliament, in 2003: a year in which at least seven honor killings took place. Article 98 of the Penal Code is often cited alongside Article 340 in cases of honor killings. "Article 98 stipulates that a reduced sentence is applied to a person who kills another person in a 'fit of fury'".

Countries that allow men to kill female relatives in flagrante delicto (but without premeditation) include:

• Syria: In 2009, Article 548 of the Syrian Law code was amended. Beforehand, the article waived any punishment for males who committed murder on a female family member for inappropriate sex acts. Article 548 states that "He who catches his wife or one of his ascendants, descendants or sister committing adultery (flagrante delicto) or illegitimate sexual acts with another and he killed or injured one or both of them benefits from a reduced penalty, that should not be less than 2 years in prison in case of a killing." Article 192 states that a judge may opt for reduced punishments (such as short-term imprisonment) if the killing was done with an honorable intent. In addition to this, Article 242 says that a judge may reduce a sentence for murders that were done in rage and caused by an illegal act committed by the victim.

Countries that allow husbands to kill only their wives in flagrante delicto (based upon the Napoleonic code) include:

• Morocco: Revisions to Morocco's criminal code in 2003 helped improve women's legal status by eliminating unequal sentencing in adultery cases. Article 418 of the penal code granted extenuating circumstances to a husband who kills, injures, or beats his wife or her partner, or both, when catching them in flagrante delicto while committing adultery. While this article has not been repealed, the penalty for committing this crime is at least now the same for both genders.
• In two Latin American countries, similar laws were struck down over the past two decades: according to human rights lawyer Julie Mertus, "in Brazil, until 1991 wife killings were considered to be non-criminal 'honor killings'; in just one year, nearly eight hundred husbands killed their wives. Similarly, in Colombia, until 1980, a husband legally could kill his wife for committing adultery."

Countries where honor killing is not legal but is known to occur include:

• Italy: Article 133 and 62 of the Italian Penal Code offer the possibility of reduced sentencing and punishment for crimes that occur within the offender's cultural norms. In the case of honor killings and other honor related crimes, these articles could possibly allow for honor killing offenders to ask a reduced punishment. Italian Parliament member Souad Sbai suggested in 2010 that Italy amend these articles so that honor killings do not have extra protection under Italian law.
• Turkey: In Turkey, persons found guilty of this crime are sentenced to life in prison. There are well documented cases, where Turkish courts have sentenced whole families to life imprisonment for an honor killing. The most recent was on January 13, 2009, where a Turkish Court sentenced five members of the same Kurdish family to life imprisonment for the honor killing of Naile Erdas, 16, who got pregnant as a result of rape.
• Pakistan: Honor killings are known as karo kari (Sindhi: ڪارو ڪاري) (Urdu: کاروکاری‎). The practice is supposed to be prosecuted under ordinary killing, but in practice police and prosecutors often ignore it. Often a man must simply claim the killing was for his honor and he will go free. Nilofar Bakhtiar, advisor to Prime Minister Shaukat Aziz, stated that in 2003, as many as 1,261 women were killed in honor killings. The Hudood Ordinances of Pakistan, enacted in 1979 by then ruler General Zia-ul-Haq, created laws that realigned Pakistani rule with Islamic law. The law had the effect of reducing the legal protections for women, especially regarding sex outside of the marriage. Women who made accusations of rape, after this law, were required to provide four male witnesses. If unable to do this, the alleged rape could not be prosecuted in the courts. Because the woman had admitted to sex outside of marriage, however, she could be punished for having sex outside of the marriage, a punishment that ranged from stoning to public lashing. This law made it that much more risky for women to come forward with accusations of rape. In 2006, the Women's Protection Bill amended these Hudood Ordinances by removing four male witnesses as a requirement for rape allegations. On December 8, 2004, under international and domestic pressure, Pakistan enacted a law that made honor killings punishable by a prison term of seven years, or by the death penalty in the most extreme cases. Women's rights organizations were, however, wary of this law as it stops short of outlawing the practice of allowing killers to buy their freedom by paying compensation to the victim's relatives. Women's rights groups claimed that in most cases it is the victim's immediate relatives who are the killers, so inherently the new law is just whitewash. It did not alter the provisions whereby the accused could negotiate pardon with the victim's family under the Islamic provisions. In March 2005, the Pakistani parliament rejected a bill which sought to strengthen the law against the practice of honor killing. However, the bill was brought up again, and in November 2006, it passed. It is doubtful whether or not the law would actually help women.

• Egypt: A number of studies on honor crimes by The Centre of Islamic and Middle Eastern Law, at the School of Oriental and African Studies in London, includes one which reports on Egypt's legal system, noting a gender bias in favor of men in general, and notably article 17 of the Penal Code: judicial discretion to allow reduced punishment in certain circumstance, often used in honor killings case.