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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents