Difficult to influence the death penalty for Swedes in Iraq

Three convicted after the murder of “Benzema” • Impossible for Sweden to influence the judges

Three Swedish gang members are sentenced to death in Iraq, for the murder of the gang leader Mustafa Aljiburi, also known as “Benzema”.
Sweden has demanded that the punishment be time-limited, but so far the verdict has been set.
But in the end, the decision to change the sentence lies neither in the hands of Swedish nor Iraqi courts, but in the hands of the clans – their word is above the law.

Some distance outside Baghdad, in a palace-like house, TV4’s Terese Cristiansson has met the deputy chairman of the Iraqi Foreign Affairs Committee. He believes that Sweden, especially after the Koran burnings, cannot influence Iraq’s justice system.

– According to Iraqi law, murder is punishable by death. I hope the Swedish government accepts it, says the vice-chairman.

The Sheikh believes that there is only one way to change the sentence, but that it is neither in the hands of Swedish nor Iraqi courts, but in the hands of the clans – their word is above the law.

– In accordance with our traditions and clan rules, the murderer’s family can pay blood money to the murderer’s family. As a result, the family can inform the court, which in turn can reduce the sentence.

All the way up to the Aljiburi clan

Blood money can almost be compared to compensation. In Iraq, the clans often have the final say when it comes to a blood money settlement. The idea has a long history and is based on the idea of ​​breaking revenge spirals according to the principle “an eye for an eye, a tooth for a tooth”.

– The idea was to break the eternal spiral of violence where revenge continued with revenge, says Mohammad Fazlhashemi, professor of Islamic theology and philosophy at Uppsala University.

The sum for the compensation can vary for different societies – which country or tradition applies. Whether or not it becomes a question of blood money is entirely up to the individual. In this case, the Aljiburi clan.

– It is the clans who get involved and decide how the deceased’s next of kin should act.

The clans can also decline a settlement through blood money, thus ensuring that the death penalty is carried out. In the same way, you can request such a high sum that the relatives of the condemned cannot pay.

Could the Swedish government or the Foreign Ministry work for a settlement through blood money?

– The Swedish state has declared from the beginning that they oppose the death penalty for reasons of principle. And the value you place on life, says Mohammad Fazlhashemi and adds:

– But then when it comes to the financial part, I can’t comment on that.

TV4 Nyheterna seeks the Foreign Ministry for a comment.

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