Kurdistan Region debates merit, ethics of using the death penalty

ERBIL, Kurdistan Region – The recent kidnap and murder of a child by a man who was later sentenced to death has reignited capital punishment debate in the Kurdistan Region, as some question whether the penalty should be carried out after it was suspended temporarily in the previous presidency.

Duhok Criminal Court handed down a death sentence to man convicted of the murder, kidnap and attempted rape of 10-year-old Dlin Ahmed during Ramadan on June 5. 

It is however uncertain whether the convicted will actually face execution if the verdict and sentence stays. While many death sentences have been handed down by the Kurdistan Region, it generally avoids implementing them unless under extreme circumstances.

The Kurdistan Region's president has full jurisdiction over whether or not a death sentence is carried out. Former President Masoud Barzani officially suspended the implementation of capital punishment in 2007. In June, Nechirvan Barzani was sworn in as the president of the Kurdistan Region.

Human rights organizations and judicial officials along with the public have different sentiments as to whether the death sentence law should be practiced.

“I am one of those who support capital punishment in the Kurdistan Region for those who commit very heinous crimes,” judge Omed Mohsein, the acting head of Kurdistan Region’s Union of Judges, told Rudaw’s Legel Ranj Program on Thursday.

Mohsein said they should take into account the environment and social context in deciding whether the law should be implemented, arguing the death sentence will preserve social order and deter criminals.

“I think implementing capital punishment, which is a deterrent force, protects peace in the Kurdistan Region,” he said. “There are some people who cannot be reformed.”

Ramzi Karim, the head of legal affairs for Kurdistan Region’s reformatory prisons, said the death sentence law was introduced by former militaristic authorities of Iraq and its application should therefore be reconsidered.

“The [capital punishment] law was passed in 1969, one year after the Baathists emerged in Iraq. Those who drafted the Iraqi penal code had a militaristic mentality who ruled Iraq for 35 years,” he said on the program.

Human rights groups in the Kurdistan Region also oppose the practice and call for its abolishment, arguing its application will not only decrease crimes but lead to more violence.

“Violence leads to violence. Capital punishment is an extreme sentence,” Hoshyar Malo, the head of Kurdistan Human Rights Watch, Inc. (KHRW), said on the program.

Malo urged the authorities to instead conduct sociological and psychological research investigating why crimes are committed, repeated, or increase.

“We should look into the factors that lead to the emergence of criminals,” he said.  “We as the countries of this region as a whole have chosen the easy way [capital punishment]. The difficult task is to engage in analysis, psychological research as to why crimes are committed, how to create an environment where media, education, and mosques play their own role in this matter.”

Malo urged the creation of an environment marked with high morals where people avoid committing crimes on principle, not because of fear of punishment.

“We should try to reach a level where we don’t commit crimes, not because of the fear of being executed, but because of our education and values,” he added.

Public opinion is also as polarized as the judiciary and rights groups on this matter.

“I don’t support capital punishment. But there should be justice. This way crime rates will fall. Crimes are a result of the injustices of authorities in the world. It is better to have life sentence than capital punishment, which is not a solution because crimes will continue to be perpetrated anyway,” a resident of Erbil told the program.

Another argued that “Inmates should be educated not executed.”

Other residents disagreed, arguing death sentences should be handed down to “murderers” to deter criminals and minimize crimes.

“I hope capital punishment is implemented in both Iraq and the Kurdistan Region. Crime rates have recently risen sharply. The number of crimes will increase if a limit is not put to them,” one resident said.

Another said: “I think implementing capital punishment is a good thing. Its implementation will deter tens of people from committing crimes.”
 
Hundreds of people in the Kurdistan Region are believed to be on death row.