CAT/C/SYR/CO/1
26.
While noting information provided by the delegation of the State party during the
dialogue, the Committee is gravely concerned at the practice of allowing perpetrators of
rape to escape prosecution by marrying their victims (art. 508 of the Penal Code), or
allowing families to waive their “right to complain” (arts. 2, 13 and 16).
Recalling that numerous international judicial and quasi-judicial bodies have
established that rape is a form of torture, the Committee calls upon the State party to
withdraw the exculpatory provision in article 508 of the Penal Code and ensure that a
rapist does not escape punishment by marrying his victim.
Domestic violence
27.
The Committee is concerned at the absence of information in the report regarding
measures taken to combat torture and ill-treatment affecting women and girls, particularly
in view of the prevalence of domestic violence and other forms of gender-based violence in
the State party. In this respect, the Committee notes with concern that marital rape is not a
criminal offence under the law. The Committee is further concerned that the national
legislation fails to explicitly criminalize domestic violence or provide adequately for the
prosecution of those who perpetrate it, in particular, it is concerned that the definition of
rape in article 489 of the Penal Code excludes marital rape, that article 508 of the Penal
Code exempts rapists from punishment if they marry their victims, and that article 548 of
the Penal Code exonerates perpetrators of “honour” crimes. The Committee also expresses
its concern at the lack of data, including statistics on complaints, prosecutions and
sentences relating to domestic violence (arts. 1, 2, 4, 12 and 16).
(a)
The State party should take immediate action to strengthen its efforts to
prevent and combat violence against women and children and to ensure prompt,
impartial and effective investigations of such acts, and to prosecute and punish
perpetrators. The Committee also urges the State party to take necessary measures to
ensure that the legal provisions in national legislation cover the many forms of
violations committed against women, including making marital rape a criminal
offence;
(b)
The State party is encouraged to participate directly in rehabilitation
and legal assistance programmes and to conduct broader awareness campaigns for
officials (judges, law officers, law enforcement agents and welfare workers) who are in
direct contact with the victims;
(c) The State party should provide victims in the process of filing complaints on
rape, abuse and other forms of gender-based violence with protection from further
abuse;
(d)
The State party should also strengthen its efforts in respect of research
and data collection on the extent of domestic violence, and it is requested to provide
the Committee with statistical data on complaints, prosecutions and sentences in its
next periodic report.
Trafficking in persons
28.
While welcoming the ratification by the State party of the International Convention
for the Suppression of the Traffic in Women and Children of 1921, the International
Convention for the Suppression of the Traffic in Women of Full Age of 1933 and the
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others of 1950, the Committee expresses its concern at the general lack of
information on the extent of trafficking in the State party, including the number of
complaints, investigations, prosecutions and convictions of perpetrators of trafficking, as
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