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[size=36]Amnesty International: Kurdistan Regional Authorities Fail to Prosecute Perpetrators of Domestic Violence Crimes[/size]
Local | 10:17 - 03/07/2024
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Baghdad – Mawazine News
Amnesty International said in a new report published today, Wednesday, that the authorities in the Kurdistan Region of Iraq are failing to ensure accountability for perpetrators of domestic violence crimes, including horrific cases of murder, rape, beatings and burning, and are imposing arbitrary restrictions on the freedoms of survivors seeking protection in the shelter system.
The report, which was followed by Mawazine News, stated that “despite some positive legislative steps taken in the Kurdistan Region of Iraq to combat domestic violence, the report entitled “A Tough and Dire System: Impunity and Underfunding of Institutions Undermine Protection for Women and Girls from Domestic Violence in the Kurdistan Region of Iraq,” reveals how survivors face, in reality, enormous obstacles to obtaining protection and access to justice in the Kurdistan Region of Iraq. The report concludes that there is a lack of political will on the part of the authorities to prosecute perpetrators of domestic violence, or to provide real support to women and girls who turn to the state for protection.”
“Survivors of domestic violence in the Kurdistan Region of Iraq are being let down at every turn. From the moment they flee abusive situations, these women and girls frequently face daunting obstacles to seeking protection and accessing justice, putting them at risk and allowing perpetrators to escape punishment. Meanwhile, survivors seeking refuge in shelters face prison-like conditions, in some cases forcing women and girls back into horrifically abusive situations,”
said Aya Majzoub, Deputy Middle East and North Africa Director at Amnesty International. “The Kurdistan Region has passed a progressive law on domestic violence, unparalleled in Iraq, but Amnesty International’s research has found that this law currently exists only on paper. This report is a call for the authorities to urgently end impunity for domestic violence, including by ensuring that investigations into domestic violence crimes are effective and survivor-centred. The authorities must also abolish mandatory reconciliation procedures as a prerequisite for criminal proceedings.” “Furthermore, the KRG should increase funding for institutions supporting survivors of domestic violence, and remove the requirement for a court order and a formal criminal complaint to enable survivors to access shelters, and improve living conditions there.”
The report is based on interviews with 57 people, including 15 domestic violence survivors, as well as managers and staff of the General Directorate for Combating Violence against Women and the Family and women’s shelters, NGO workers, lawyers, government officials, and the KRG Minister of Labour and Social Affairs, during two research trips in March and September 2023 to Erbil and Sulaymaniyah governorates and the Garmian administration area. An Amnesty International researcher also visited three of the four state-run shelters for survivors of gender-based violence.
While comprehensive statistics on gender-based violence are not available, government officials reported that at least 30 women were killed in 2023 and 44 in 2022. NGO workers told Amnesty International that the real numbers are likely to be much higher. In 2022, the General Directorate for Combating Violence against Women and the Family received 15,896 complaints of domestic violence, but figures for 2023 were not available to Amnesty International. A
judicial system that perpetuates impunity
The report reveals the many obstacles that survivors of domestic violence face in accessing justice. Most notably, survivors themselves must file a criminal complaint against their abusers so that prosecutors can investigate cases of domestic violence and access protection services, including access to shelters; many women fear retaliation or threats if they do so. “In our society… it [filing a criminal complaint] erases all your bruises and scars and makes you the aggressor,” one protection worker explained.
Lengthy court proceedings, the wide discretion of judges who appear biased towards aggressors and prioritise protecting the “family unit” over protecting women, and the humiliation experienced during court proceedings all discourage women from seeking justice, leading many to drop charges and return to abusive situations. The only safeguard required by courts when survivors drop charges is for the aggressor – or the survivor’s family who may have been threatening the survivor – to sign a “no harm pledge”, which is discretionary and not legally binding. Social workers told Amnesty International there have been numerous cases where women and girls have been killed after signing these pledges.
In one documented case, the bodies of two sisters, aged 17 and 19, were found in September 2020, around a month after they left a shelter. The father had signed the pledge after family members convinced the girls to drop the charges against him.
Survivors of domestic violence in the Kurdistan Region of Iraq are being let down at every turn. From the moment they flee abusive situations, these women and girls frequently face daunting obstacles to seeking protection and access to justice, putting them at risk and allowing perpetrators to go unpunished.
The director of one shelter described to Amnesty International another case of a teenage girl whose “brother cut off her ears and shaved all her hair off… simply because she was using social media.” The director said the judge told the shelter that they should urge the girl’s family to return her home. Her brother was never arrested.
Survivors and social workers also described to Amnesty International how gender stereotypes and a culture of victim-blaming discourage women from going to court and risk humiliation.
One social worker told Amnesty International how a judge told a woman who became pregnant after being raped by her brother: “If you were a well-behaved girl, this wouldn’t have happened to you.” Her family then persuaded her to drop the charges.
Shortcomings of the Domestic Violence Law
Amnesty International has found that the Kurdistan Region of Iraq’s 2011 Anti-Domestic Violence Law prioritises the protection of ‘family unity’ over justice and the protection of survivors, and provides for sentences for perpetrators that are disproportionate to the gravity of the crimes committed.
The most telling evidence of this is that the law requires a reconciliation process between the survivor and her abuser before a judge decides whether to refer the case to trial. Such mandatory reconciliation processes are at odds with a survivor-centred approach to domestic and gender-based violence.
Under the law, acts of domestic violence (including physical harm and marital rape) are considered misdemeanours and can therefore only result in a maximum sentence of three years’ imprisonment. While the law gives judges discretion to use the harshest sentences provided for in the Penal Code, Amnesty International found that the lack of clear guidance in the context of entrenched gender stereotypes means that judges rarely impose sentences that are commensurate with the gravity of the crime.
“[I remember] a case of a woman who was severely beaten by her husband, and he was charged three times, and each time the judge would fine her a nominal fine. She ended up going to court three times, and each time she had the same bruises,” said one lawyer. Impunity
for “honour crimes” remains widespread, despite the Penal Code being amended in 2002 to remove “honour” as a mitigating factor in cases of murder or other serious crimes against women. Underfunding and
inadequacy of protection mechanisms
Amnesty International also found that the protection and reporting mechanisms set up by the state are severely underfunded and under-resourced, severely undermining the ability of institutions to support women and girls who experience domestic violence. These institutions include the General Directorate for Combating Violence against Women and the Family, and shelters run by the Ministry of Labour and Social Affairs. Officials at these institutions expressed frustration at the lack of faith or commitment to combating violence against women by those responsible for funding them.
The three shelters visited by Amnesty International were in need of repair, overcrowded, understaffed and inadequately equipped to meet the needs of survivors. Women and girls need a court order to enter and leave the shelters, which can only be obtained if they file a criminal complaint against their abusers. This requirement excludes survivors who are reluctant to file complaints, including for fear of reprisals.
Once women and girls arrive at the shelters, their freedom of movement and access to phones and the internet are severely restricted. Amnesty International found that these restrictions on freedom of movement and communication are disproportionate and amount to arbitrary deprivation of liberty.
An investigator at the General Directorate for Combating Violence against Women and the Family lamented this:
“The lives of women and girls who enter shelters are put on hold… I look at the women who come in with cuts and bruises in their eyes, and I know that no matter what I do, when they leave this office, 90% of the time they will be back in the same situation that brought them here in the first place,”
Aya Majzoub concluded. “The frontline workers are exhausted. The KRG must ensure that its promises of zero tolerance for violence against women are translated into concrete action, by increasing support for these institutions, implementing key legal reforms to remove barriers to access to justice, and launching public education and awareness campaigns against gender discrimination and gender-based violence. The increasing reports of domestic violence in the Kurdistan Region of Iraq should be a wake-up call that the current system is failing women and girls.”
Amnesty International said in a new report published today, Wednesday, that the authorities in the Kurdistan Region of Iraq are failing to ensure accountability for perpetrators of domestic violence crimes, including horrific cases of murder, rape, beatings and burning, and are imposing arbitrary restrictions on the freedoms of survivors seeking protection in the shelter system.
The report, which was followed by Mawazine News, stated that “despite some positive legislative steps taken in the Kurdistan Region of Iraq to combat domestic violence, the report entitled “A Tough and Dire System: Impunity and Underfunding of Institutions Undermine Protection for Women and Girls from Domestic Violence in the Kurdistan Region of Iraq,” reveals how survivors face, in reality, enormous obstacles to obtaining protection and access to justice in the Kurdistan Region of Iraq. The report concludes that there is a lack of political will on the part of the authorities to prosecute perpetrators of domestic violence, or to provide real support to women and girls who turn to the state for protection.”
“Survivors of domestic violence in the Kurdistan Region of Iraq are being let down at every turn. From the moment they flee abusive situations, these women and girls frequently face daunting obstacles to seeking protection and accessing justice, putting them at risk and allowing perpetrators to escape punishment. Meanwhile, survivors seeking refuge in shelters face prison-like conditions, in some cases forcing women and girls back into horrifically abusive situations,”
said Aya Majzoub, Deputy Middle East and North Africa Director at Amnesty International. “The Kurdistan Region has passed a progressive law on domestic violence, unparalleled in Iraq, but Amnesty International’s research has found that this law currently exists only on paper. This report is a call for the authorities to urgently end impunity for domestic violence, including by ensuring that investigations into domestic violence crimes are effective and survivor-centred. The authorities must also abolish mandatory reconciliation procedures as a prerequisite for criminal proceedings.” “Furthermore, the KRG should increase funding for institutions supporting survivors of domestic violence, and remove the requirement for a court order and a formal criminal complaint to enable survivors to access shelters, and improve living conditions there.”
The report is based on interviews with 57 people, including 15 domestic violence survivors, as well as managers and staff of the General Directorate for Combating Violence against Women and the Family and women’s shelters, NGO workers, lawyers, government officials, and the KRG Minister of Labour and Social Affairs, during two research trips in March and September 2023 to Erbil and Sulaymaniyah governorates and the Garmian administration area. An Amnesty International researcher also visited three of the four state-run shelters for survivors of gender-based violence.
While comprehensive statistics on gender-based violence are not available, government officials reported that at least 30 women were killed in 2023 and 44 in 2022. NGO workers told Amnesty International that the real numbers are likely to be much higher. In 2022, the General Directorate for Combating Violence against Women and the Family received 15,896 complaints of domestic violence, but figures for 2023 were not available to Amnesty International. A
judicial system that perpetuates impunity
The report reveals the many obstacles that survivors of domestic violence face in accessing justice. Most notably, survivors themselves must file a criminal complaint against their abusers so that prosecutors can investigate cases of domestic violence and access protection services, including access to shelters; many women fear retaliation or threats if they do so. “In our society… it [filing a criminal complaint] erases all your bruises and scars and makes you the aggressor,” one protection worker explained.
Lengthy court proceedings, the wide discretion of judges who appear biased towards aggressors and prioritise protecting the “family unit” over protecting women, and the humiliation experienced during court proceedings all discourage women from seeking justice, leading many to drop charges and return to abusive situations. The only safeguard required by courts when survivors drop charges is for the aggressor – or the survivor’s family who may have been threatening the survivor – to sign a “no harm pledge”, which is discretionary and not legally binding. Social workers told Amnesty International there have been numerous cases where women and girls have been killed after signing these pledges.
In one documented case, the bodies of two sisters, aged 17 and 19, were found in September 2020, around a month after they left a shelter. The father had signed the pledge after family members convinced the girls to drop the charges against him.
Survivors of domestic violence in the Kurdistan Region of Iraq are being let down at every turn. From the moment they flee abusive situations, these women and girls frequently face daunting obstacles to seeking protection and access to justice, putting them at risk and allowing perpetrators to go unpunished.
The director of one shelter described to Amnesty International another case of a teenage girl whose “brother cut off her ears and shaved all her hair off… simply because she was using social media.” The director said the judge told the shelter that they should urge the girl’s family to return her home. Her brother was never arrested.
Survivors and social workers also described to Amnesty International how gender stereotypes and a culture of victim-blaming discourage women from going to court and risk humiliation.
One social worker told Amnesty International how a judge told a woman who became pregnant after being raped by her brother: “If you were a well-behaved girl, this wouldn’t have happened to you.” Her family then persuaded her to drop the charges.
Shortcomings of the Domestic Violence Law
Amnesty International has found that the Kurdistan Region of Iraq’s 2011 Anti-Domestic Violence Law prioritises the protection of ‘family unity’ over justice and the protection of survivors, and provides for sentences for perpetrators that are disproportionate to the gravity of the crimes committed.
The most telling evidence of this is that the law requires a reconciliation process between the survivor and her abuser before a judge decides whether to refer the case to trial. Such mandatory reconciliation processes are at odds with a survivor-centred approach to domestic and gender-based violence.
Under the law, acts of domestic violence (including physical harm and marital rape) are considered misdemeanours and can therefore only result in a maximum sentence of three years’ imprisonment. While the law gives judges discretion to use the harshest sentences provided for in the Penal Code, Amnesty International found that the lack of clear guidance in the context of entrenched gender stereotypes means that judges rarely impose sentences that are commensurate with the gravity of the crime.
“[I remember] a case of a woman who was severely beaten by her husband, and he was charged three times, and each time the judge would fine her a nominal fine. She ended up going to court three times, and each time she had the same bruises,” said one lawyer. Impunity
for “honour crimes” remains widespread, despite the Penal Code being amended in 2002 to remove “honour” as a mitigating factor in cases of murder or other serious crimes against women. Underfunding and
inadequacy of protection mechanisms
Amnesty International also found that the protection and reporting mechanisms set up by the state are severely underfunded and under-resourced, severely undermining the ability of institutions to support women and girls who experience domestic violence. These institutions include the General Directorate for Combating Violence against Women and the Family, and shelters run by the Ministry of Labour and Social Affairs. Officials at these institutions expressed frustration at the lack of faith or commitment to combating violence against women by those responsible for funding them.
The three shelters visited by Amnesty International were in need of repair, overcrowded, understaffed and inadequately equipped to meet the needs of survivors. Women and girls need a court order to enter and leave the shelters, which can only be obtained if they file a criminal complaint against their abusers. This requirement excludes survivors who are reluctant to file complaints, including for fear of reprisals.
Once women and girls arrive at the shelters, their freedom of movement and access to phones and the internet are severely restricted. Amnesty International found that these restrictions on freedom of movement and communication are disproportionate and amount to arbitrary deprivation of liberty.
An investigator at the General Directorate for Combating Violence against Women and the Family lamented this:
“The lives of women and girls who enter shelters are put on hold… I look at the women who come in with cuts and bruises in their eyes, and I know that no matter what I do, when they leave this office, 90% of the time they will be back in the same situation that brought them here in the first place,”
Aya Majzoub concluded. “The frontline workers are exhausted. The KRG must ensure that its promises of zero tolerance for violence against women are translated into concrete action, by increasing support for these institutions, implementing key legal reforms to remove barriers to access to justice, and launching public education and awareness campaigns against gender discrimination and gender-based violence. The increasing reports of domestic violence in the Kurdistan Region of Iraq should be a wake-up call that the current system is failing women and girls.”
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