Attempts to repeal Article 409..disgrace washing..crimes supported by law and from which the perpetr

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[size=52]Attempts to repeal Article 409..disgrace washing..crimes supported by law and from which the perpetrator escapes[/size]

[size=45]Baghdad / Tabarak Abdul Majeed[/size]
[size=45]“I am innocent.” These are the last words that Fatima repeated with haughty cries while her brother killed her.[/size]
[size=45]The girl Fatima (a pseudonym), from Baiji district, north of Salah al-Din governorate, felt ill and required her to see a doctor. of a tumor in her stomach.[/size]
[size=45]In the context of preserving honor, in Baghdad governorate, a 3-year-old girl was killed by her parents because she was raped by an employee of the Ministry of Interior, who raped another 7-year-old girl.[/size]
[size=45]In Maysan, after the girl refused to give up her share in the inheritance at the brother's request to give it to him, he threw white oil at her, trying to burn her, to claim later that it was a crime to preserve honor.[/size]
[size=45]In addition to many stories of survivors of rape by ISIS terrorist gangs who were killed for bringing shame to their families.[/size]
[size=45]Sarah Jassim, a defender of women’s and children’s rights, defines honor from her point of view as “a set of moral values ​​that are represented in honesty, sincerity and honesty with which many good qualities come together to elevate a person and raise him to the rank of appreciation and respect regardless of his gender, but the male still links Honor him with a woman’s body (his sister, mother, wife, daughter), even if he is a traitor, an adulterer or a thief.[/size]
[size=45]Jassem points out that "these heinous crimes, which are included under the name of "honor" issues, have become a means of settling accounts within the family, and that most of these crimes are not reported as murders, but rather as suicides."[/size]
[size=45]There is still controversy regarding honor killings or the so-called crimes of dishonoring. to the perpetrators.[/size]
[size=45]Article 409 is a real threat to women[/size]
[size=45]Article (409) of the Iraqi Penal Code, which talks about killing under the name of honor killings, states: “Whoever surprises his wife or one of his male relatives in the case of committing adultery or her presence in the same bed with her partner and kills her on the spot or kills one of them or They or one of them were assaulted, an assault that led to death or a severe disability, and the right of legitimate defense may not be used against those who benefit from this excuse, and the aggravating provisions of the circumstance shall not be applied against him.”[/size]
[size=45]The Director of the Legal Amendments Department at the Organization of Women’s Freedom in Iraq, Israa Salman, said in an interview with (Al-Mada): This article violates international treaties that Iraq has signed and ratified as well as clearly violates the texts of the Qur’an and the Iraqi constitution, which made us work to challenge this article and orientation To the Sharia courts to protect the right of women to life.[/size]
[size=45]Al-Salman mentions the reasons for her participation in submitting the appeal: We note from the text of the article that she talks about the element of surprise, without which the article is not complete, and this paragraph is always ignored in cases. After that, we also see that he did not separate the type of mahrams. Are they permanent mahrams, which are the mother, sister, daughter, niece and sister…, or temporary mahrams, which are divorced until the waiting period ends, the mother of the wife and the sister of the wife, and she adds, “Who is trying to defend herself when she is killed? And it caused an injury to the man that led to death, so she is tried with strict sentences,” noting that “the punishment that falls on the offender is three years, subject to reduction under Article 128 of the Penal Code, on the basis of which the penalty is reduced or exempted under the item (crime for honor motives). This clause is explained by the jurisprudence of the judges.[/size]
[size=45]According to the opinion of Judge Rahim Al-Ukaili, explaining this clause, he says that “the crime for honor motives is the one that is concerned with self-defense, for example, when a person tries to rape a woman, and this person is killed in this case, he is exempted from punishment because it is a crime for honorable motives.”[/size]
[size=45]Al-Salman is surprised by the existence of some legal articles that violate Article 14 of the Iraqi constitution, which states that “Iraqis are equal before the law, regardless of gender….” Adultery is considered a crime that requires punishment only for women, as if a woman surprises her husband in the marital bed with a woman Another woman and has killed or killed him, she is sentenced to severe penalties under Article 406 of the Penal Code, and the Iraqi law deals with the adultery of the husband as adultery only if it is in the marital home, but if it is outside the house, it is not considered adultery, which is what Article (377) of the The Penal Code “punishes the husband with imprisonment if he commits adultery in the marital home,” which made clear gender discrimination against the penalties.[/size]
[size=45]Many murders directed at women end up being closed, either by not telling them by the parents or by fabricating testimonies and sayings judicially with concealment or falsification of evidence in order to mislead the judiciary, especially since the only witnesses are the parents or relatives who will conceal the truth and social norms prevent others Relatives report the killing for fear of tribal targeting.[/size]
[size=45]Ahmed Hussein, a doctor in a hospital in Baghdad, said in an interview with (Al-Mada), that the hospital receives many cases of hanging, burning, gunshots and other means of killing, and a percentage of them are classified as crimes of shame, but in all cases they are listed as a case of suicide. Doctors understand the conditions and tribal customs if something else was written on the death certificate.”[/size]
[size=45]He notes that "there are no official and accurate statistics due to the payment of bribes to forensic medicine departments to forge the death certificate, or the fear of eyewitnesses from confessing to the concerned authorities because of tribal persecution, which is stronger than the law."[/size]
[size=45]Esraa Salman considers that “hospitals deal with complete coldness with the corpses of women and consider them as numbers only in forensic medicine, so these corpses find their way to the cemeteries in complete calm, without any sadness or any real action,” and adds that “in many southern regions, these corpses do not reach the graves. Hospitals, so they are buried in unknown graves in the archaeological hills under the flag of the authorities, and those hills are called (the hills of mistakes).[/size]
[size=45]Dhi Qar Governorate, southern Iraq, is famous for the presence of dozens of these hills in the archaeological cities scattered throughout the governorate, and they are found largely in the Kingdom of Lagash, east of the city of Nasiriyah, the center of the governorate, and near the Batha district from the west, and near the ruins of the city of Larsa, which is about 10 km away About the ancient city of Ur.[/size]
[size=45]Over time, these mounds became burials, which the population took to bury newborn children, but later on they became secret and undeclared burials for women who were killed as a dishonorable crime or what is known as an honor crime, and because these places are almost neglected and out of sight, burials take place in them, and according to their belief, the murdered woman It does not deserve to be buried in the Wadi al-Salam cemetery in Najaf, where the residents of southern Iraq used to be buried there.”[/size]
[size=45]Sarah Jassim believes that: Solutions are possible, if national efforts are combined to stop the bleeding of killing women, and these must be gigantic efforts for this file, not to be neglected. Unjustly, and these government efforts are accompanied by campaigns to raise societal awareness to curb human rights violations against women.[/size]
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