CAT/C/KWT/CO/3
(a)
As a matter of urgency, reinstate a de facto moratorium on the
application of the death penalty;
(b)
Follow the current international trend and consider revising its
legislation with a view to abolishing the death penalty and commuting death sentences
to prison sentences. The Committee reiterates its recommendation (see
CAT/C/KWT/CO/2, para. 17) that the State party consider ratifying the Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming
at the abolition of the death penalty.
Domestic and gender-based violence
28.
The Committee is concerned that domestic violence, including sexual violence and
marital rape, does not constitute a specific crime in the Criminal Code. It is also concerned
that, despite numerous and consistent reports of violence against women, the number of
cases reported through existing mechanisms to the relevant authorities remains very low.
The Committee is also concerned at the mitigating circumstances and exculpatory
provisions set out in article 197 of the Criminal Code regarding so-called “honour” crimes
when they are voluntarily carried out by a husband against his wife who has committed
adultery and are extended to other male members of her family, while such mitigating
circumstances are not granted to women. (arts. 2, 12–14 and 16).
29.
The Committee:
(a)
Reiterates its recommendation (see CAT/C/KWT/CO/2, para. 23 (a))
that the State party enact, as a matter of urgency, legislation to prevent, combat and
criminalize domestic and gender-based violence, including sexual violence and marital
rape, as specific criminal offences in its Criminal Code, with appropriate sanctions;
(b)
Encourages the State party to establish an effective and independent
complaints mechanism for victims of domestic violence;
(c)
Calls on the State party to ensure that all allegations of domestic
violence, including sexual violence and marital rape, are registered by the police and
are promptly, impartially, effectively and thoroughly investigated and the
perpetrators prosecuted and punished;
(d)
Invites the State party to annul or abrogate without further delay any
mitigating and exculpatory provisions in the Criminal Code concerning so-called
“honour” crimes and promptly take measures to end impunity for so-called “honour”
crimes;
(e)
Reiterates its previous recommendation (ibid., para. 23 (b)) and urges
the State party to carry out research and data collection on the extent of domestic
violence, and provide the Committee with statistical data on complaints, prosecutions
and sentences;
(f)
Reiterates its previous recommendation (ibid., para. 23 (c)) that the State
party conduct broad awareness campaigns about the need to prevent and eradicate
domestic and gender-based violence, including its causes, dimensions and measures to
detect and prevent it, for officials, such as judges, law officers, law enforcement agents
and welfare workers, who are in direct contact with victims, as well as for the
population at large;
(g)
Calls on the State party to ensure that victims of domestic and genderbased violence benefit from protection and have access to medical and legal services,
including psychosocial counselling, and to redress, including rehabilitation, as well as
to safe and adequately funded shelters and to a free permanent State-funded helpline.
7