CASE STUDY: Lebanon removed the reduction of sentences for “honour” killings in 1999 from its penal code. Yet, Article 252 still allows for a commuted sentence if the perpetrator committed the crime out of extreme anger because of an “unjust and dangerous act” by the victim. Similarly, Article 193 (if the motive was honorable and characterized by chivalry and decency) and Article 253 (if there are any “mitigating” circumstances) also provide for a reduction of sentence, and both articles are also applied to crimes committed on the pretext of “honour”, particularly if the perpetrator was the husband.  

The Lebanese courts have held that a husband benefited from the terms of Article 252, where the husband shot his wife “under the influence of an extreme rage” after the wife left him and had an affair (she had previously requested a divorce and been denied).  The court held that the husband met the three elements required for sentence mitigation by Article 252, namely that the wife committed a “wrongful” act in leaving the marital home and having an affair, that she undermined the “honour”, dignity and manliness of her husband by calling him undignified names and committing adultery, and that it was established that the crime was immediate, spontaneous and done in a rage. The court also noted that the wrongful act committed by the victim was “particularly dangerous” given the mindset and “mentality” of the perpetrator, who was an oven worker.  Case no. 10/1999 – decision no. 85/1999, Criminal Court of North Lebanon, cited in Hoyek, et al, Murder of Women in Lebanon: “Crimes of Honour” Between Reality and the Law, in Sara Hossain & Lynn Welchman eds., Honour: Crimes Paradigms and Violence Against Women 124 (2005).  In two other cases, the court declined to apply Article 252. In one case the court held the brother of the victim had clearly resolved to kill his sister long after the effect of rage had worn off. Case no. 582/2001, decision no. 413/2001, First Instance Chamber of Criminal Court of North Lebanon, cited in Hoyek at 124-25.  In the second case, even though the brother of the victim was clearly in an extreme rage after learning of the victim’s marital infidelity, the court held that the sister’s adultery was not potentially dangerous and not enough to warrant the brother’s act in killing her. Case no. 36/1998, decision no. 11/1998, Criminal Court of North Lebanon, cited in Hoyek at 125.

In applying Article 193, the courts have found a legitimate claim to honourable motive characterized by chivalry and decency if the perpetrator is the husband, but not in cases involving other relatives of the deceased such as a mother or brother.  See: Hoyek and cases cited therein at 122-23.

However, in most rulings involving claims of “honour”, the Lebanese courts apply 253 whether or not they apply 252 or 193. Article 253 allows courts simply to reduce sentences in the presence of “mitigating factors.” What constitutes a mitigating factor is not defined, leaving a great deal of discretion to the courts, and they have used that discretion to reduce the sentences of perpetrators who commit crimes under the pretext of “honour”, for example in cases involving perpetrators who kill wives, sisters, or daughters because of illegitimate pregnancies or suspected infidelity. The courts note such “mitigating” factors as the “circumstances” of the crime, or the tribal or other customs prevailing in the particular region where the crime occurred, or the “psychological agitation” of the accused when he killed his victim. (See: Hoyek and cases cited therein at 125-27)

CASE STUDY: A presidential decree amended Article 548 of the Syrian Penal Code, which previously exempted men who kill female relatives out of provocation for illegal sex acts or husbands who murdered spouses for adultery from punishment. The new article states that, "He who catches his wife, sister, mother or daughter by surprise, engaging in an illegitimate sexual act and kills or injures them unintentionally must serve a minimum of two years in prison." Article 192, which allows judges to lessen the punishment for any crime motivated by "honor," is still intact. Article 242 also mitigates punishment for individuals who murder out of rage and in response to an illegal act by the victim. Drafters who increase punishments for “honour” crimes and killings should ensure the punishments are commensurate with other crimes and reflect the seriousness of the crime. When reforming laws, drafters must conduct a comprehensive review of all legislation for other provisions that may reduce or eliminate punishments for perpetrators. (See: Presidential Decree Increases Penalty for Honor Killings in Syria, StopVAW, July 22, 2009. Syria: No Exceptions for ‘Honor Killings,’ Human Rights Watch, July 28, 2009)