A/65/44 The Committee 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 reduction of penalty under article 340; that perpetrators of premeditated “honour” crimes do not benefit from a reduction of penalty under article 98; and that article 99 is not applicable to “honour” crimes or other cases where the victim is related to the perpetrator. 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. (19) While noting information provided by the delegation that the State party is currently reviewing this issue, the Committee is gravely concerned at the practice of allowing perpetrators of rape to escape prosecution by marrying their victims (art. 308 of the Penal Code), or allowing families to waive their “right to complain” (arts. 1, 2, 4, 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 308 of the Penal Code and ensure that a rapist does not escape punishment by marrying his victim. Domestic violence (20) Notwithstanding the adoption, in January 2009, of the new Protection from Family Violence Act, the Committee is concerned that the law fails to explicitly criminalize domestic violence or provide adequately for the prosecution of those who perpetrate it. According to the replies to the list of issues, the question of criminalization is left to the Penal Code. The Committee is also concerned that the new Law has a limited scope as it specifies as a condition that the perpetrator lives with the victim in the family home. The Committee further expresses its concern at the lack of data, including statistics on complaints, prosecutions and sentences related to domestic violence (arts. 1, 2, 4, 12 and 16). The State party should strengthen its efforts to prevent and combat violence against women and children, to ensure prompt, impartial and effective investigations of such acts and to prosecute and punish perpetrators. The State party is encouraged to participate directly in rehabilitation and legal assistance programmes and to conduct broader awareness-raising campaigns for officials (judges, law officers, law enforcement agents and welfare workers) who are in direct contact with the victims. 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. Protective custody (21) The Committee notes with concern that the Suppression of Offences Act of 1954 authorizes “protective custody” for women at risk of violence, which according to reports is akin to administrative detention, and that some women are still retained in such custody (arts. 2, 11 and 16). The Committee urges the State party to replace the practice of “protective custody” with other measures that ensure the protection of women without jeopardizing their liberty, and to accordingly transfer all women currently held in “protective custody” to other safe and rehabilitative shelters. To this end, the Committee encourages the State party to adopt a national plan for the protection of women in danger. 106 GE.10-44721