Johanna Westeson - The ICHRP

that a decision of the family assembly had preceded the murder. 665 The NGO shadow
report from Kurdish Human Rights Project to the Committee on the Elimination of Racial
Discrimination, 2009, describes the same court case:
Despite [the reform of the Penal Code], the Court of Cassation has established a new
condition which can only be described as a backward step in the prevention of honour
killings. The 1st Criminal Department of the Court of Cassation has decided that “if there is
no proof showing that the crime is committed by the decision of family council it can not be
defined as an ‘honour killing.’” This condition will result in the acquittal of potential
perpetrators who encouraged the committing of honour killing if it is not proved that the
crime was committed following a decision by the family council. 666
On the other hand, in July 2006, the Turkish Prime Minister issued a circular 667 on
combating honor killings and domestic violence which, according to EU sources, has had
some effect by improving cooperation between public institutions tackling the issue. 668
Case law Sweden: honor killing resulting in life imprisonment
In the Swedish appeals court case B 4651-02 of May 2002, 669 a father who had shot his
daughter to death was sentenced to life imprisonment. The family was of Kurdish
background, and the daughter had been subjected to repeated threats and violence from her
father and brother for having adopted a ‘western’ lifestyle and, primarily, for having a
Swedish boyfriend. The daughter had in the media openly discussed the threats she was
subjected to in order to raise awareness of honor-related violence, and in 2001 she spoke
before the Swedish parliament. In January 2002, her father killed her point blank;
according to police reports he claimed that killed her for having brought dishonor upon the
family. The father was sentenced to life imprisonment by the lower court. The appeals
court confirmed the sentence, despite the fact that the accused at that point had withdrawn
his confession. The appeals court concurred in the reasoning of the lower court, which
stated that the way by which the woman was killed “can be equated with a regular
execution.” The honor motive was not directly explored by the courts.
Crime of passion defenses
The notion of crime of passion or provocation defense still exists in several European
criminal laws. These are related to the idea that a certain (sexual or otherwise) behavior on
behalf of the victim that stirs up a sense of rage or jealousy in the perpetrator would in part
justify his (criminal) act. As such, this ‘passion’ can serve as a mitigating circumstance in
the following trial. This notion is closely related to the perception that a woman’s (sexual
or otherwise) behavior offends the honor of a man, or her family, and thus partially
justifies violent action against her. However, as pointed out above, there are important
differences between crimes committed out of rage or ‘passion’ and the more deliberate
honor crimes.
665 EU Commission staff working document, Turkey 2008 Progress Report, 5 November 2008,
SEC(2008)2699, p. 20, available at http://ec.europa.eu/enlargement/pdf/press_corner/keydocuments/reports_nov_2008/turkey_progress_report_en.pdf.
Last visited on 6 May 2010.
666 Report available at www2.ohchr.org/english/bodies/cerd/docs/.../KHRPTurkey74.doc. Reference made to
a document in Turkish at http://www.porttakal.com/haber-tore-cinayeti-ne-yeni-tanimlama-95874.html. Last
visited on 6 May 2010.
667 Prime Minister’s Circular on Violence against Women 2006/17.
668 EU Commission Turkey Progress Report, supra note 665, p. 19.
669 Svea Court of Appeal B 4651-02, decided on 31 May 2002. Available only in Swedish, translation is my
own.
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