A/HRC/28/80 2. Violence against women 48. Palestinian women face multiple forms of violence and discrimination (A/HRC/25/40, paras. 72-74). So-called “honour” killings continue to be a matter of concern. Although no reliable figures were available for the period under review, the Palestinian Independent Commission for Human Rights, in its ninth annual report, found that, in 2013, there had been three cases of such killings and 16 cases of women killed in “mysterious circumstances” in the Occupied Palestinian Territory.37. The accuracy of figures might also be affected by underreporting.38 49. A study commissioned by OHCHR on the response by the Palestinian judiciary to so-called “honour killings” concluded that the broad use of mitigating circumstances led to impunity for such crimes.39 The study analysed a sample of 37 rulings by the courts of first instance in the West Bank (32) and Gaza (five) issued between 1993 and 2013 on cases involving the killing of women “under the pretext of honour”. In 29 cases, the judges reduced the perpetrator’s penalty on the basis of extenuating circumstances established in articles 98 and 99 of the Penal Code 16 of 1960.40 Reasons for extenuating culpability include the waiving of personal rights (37.8 per cent),41 the “fit of rage” justification (16.2 per cent) and the defence of “honour” (8.1 per cent). 50. In May 2014, the President issued a Decree Law amending article 98 of the Penal Code so that perpetrators of crimes of so-called “honour” crimes against women could not benefit from article 98, which allows for mitigation in sentencing. The High Commissioner commends this measure. However, concerns remain regarding article 99, which gives broad discretionary power to judges in the application of mitigating factors. Of the 37 cases analysed in the OHCHR study, judges used article 99 in 23 cases as a basis for allowing perpetrators of crimes of so-called “honour” to benefit from mitigating factors in sentencing.42 C. Authorities in Gaza 1. Arbitrary detention, torture and ill-treatment 51. Arbitrary detention, torture and ill-treatment by the security forces remain issues of concern in Gaza. During the period under review, the Internal Security Agency and the police allegedly subjected detainees to torture and ill-treatment, and arbitrarily summoned and detained several civilians on various charges. 37 38 39 40 41 42 Among the cases of women killed in “mysterious circumstances”, one was shot and killed by her son, one was stabbed to death by her husband and three others “fell” from high floors or their own balconies. The Women’s Centre for Legal Aid and Counselling, a non-governmental organization, recorded 27 cases of so-called “honour” killings in 2013, significantly higher than those recorded by the Palestinian Independent Commission for Human Rights. Ahmad Al Ashqar, “Murder of women in Palestine under the pretext of honour”, OHCHR, April 2014. Such circumstances include a state of great anger resulting from a wrongful or dangerous act by the victim (art. 98) and “extenuating reasons” (art. 99), which are however not defined. See A/HRC/25/40, para.74. Palestinian courts in general allow one of the heirs to the victim to waive their personal right to punishment of the perpetrator of a so-called “honour” killing. See Al Ashqar, “Murder of women in Palestine” (see footnote 39), pp. 10-11. Ibid., p. 13. 13