A/65/44
information thoroughly, to reach conclusions as to the facts and measures taken and
to ensure that those responsible for the violations are brought to justice.
Lack of legal protection of women and impunity for crimes committed in the name of
“honour”
(25) The Committee notes with concern that the State party report lacks information on
the legal regime and practice affecting women. The Committee expresses its concern on
numerous reports informing that violence against women, as a form of discrimination, is a
widespread problem in the State party and that the law reform process has been delayed,
namely the amendment of the Personal Status Act, Penal Code and Nationality Act, and as
a result, a culture of impunity towards domestic and gender-based violence has evolved. In
this respect, the Committee expresses its serious concern that crimes, where a family’s
“honour” is thought to be breached, often go unpunished, and when they are, the sentences
are far less than those for equally violent crimes without this “honour” dimension (arts. 1,
2, 4 and 16).
The Committee calls upon the State party to put in place comprehensive measures to
address all forms of violence against women and enact, as soon as possible, legislation
on violence against women, including on domestic violence. The Committee further
calls upon the State party to amend, without delay, applicable provisions of the Penal
Code to ensure that perpetrators of “honour” crimes do not benefit from a penalty
reduction under article 548. The Committee also urges the State party to ensure that
“honour” crimes are treated as seriously as other violent crimes with regard to
investigation and prosecution, and that effective prevention efforts are put in place.
(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
GE.10-44721
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