Criminalization of aiding, abetting, soliciting another, condoning or conspiring to commit an “honour” crime or killing

Drafters should ensure that all individuals complicit in the “honour” crime or “honour” killing are held accountable for their role. “Honour”-based violence is often collectively sanctioned and sometimes collectively executed, so laws must encompass the possibility of multiple perpetrators and their role. Laws must also address the indirect or direct roles that may be played by multiple perpetrators. Drafters should take into account the role that leaders, family and community members may play in condoning or authorizing “honour” crimes or killings. Laws should ensure that other third parties, such as tribal council members or community leaders, who are involved in or authorize “honour” crimes and killings are punished.

Drafters should recognize that family members may compel a younger male relative to commit the “honour” crime or killing to take advantage of juvenile justice laws that impose lighter sentences on minors. In addressing this problem, drafters should ensure other family members are held culpable for their role in aiding, abetting, soliciting another or conspiring to commit an “honour” crime or killing. Also, drafters should balance the need to ensure full accountability for minor perpetrators with that of juvenile justice standards. Juvenile justice laws should comply with international standards. See: United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) ; Guidelines for Action on Children in the Criminal Justice System; United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines).
- For example, Article 38(2) of the Turkish Criminal Code states: “Where there is incitement to offend by using influence arising from a direct-descendent or direct-antecedent relationship, the penalty of the instigator shall be increased by one-third to one half. Where there is incitement of a minor, a direct-descendent or direct-antecedent relationship is not necessary for the application of this section.”