The Honour of a Family and the Rules of the PKK
by Silvia Tellenbach
Question(s) at stake
Whether the perpetrators of a homicide who acted, though reluctantly, on the order of a regional leader of the PKK (Partiya Karkerên Kurdistâne) and for fear of a loss of esteem in, and exclusion from, the Kurdish community fulfill the subjective requirements for establishing the presence of base motives .
Outcome of the ruling
The judgment of the first stage that had denied the existence of the subjective requirements for establishing the presence of base motives was quashed and referred back to Bremen Regional Court.
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Official citation
Federal Court of Justice, Judgment of 20 February 2002, 5 StR 538/01 (BGH, Urteil vom 20. Februar 2002, 5 StR 538/01)
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Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Silvia Tellenbach (Max Planck Institute for the Study of Crime, Security and Law, Freiburg, Germany)
Dr. Dr.h.c. Silvia Tellenbach is the long-time former Head of the Turkey, Iran and Arab States Unit at the Max Planck Institute for Foreign and International Criminal Law (presently: 'Institute for the Study of Crime, Security and Law').
Within the CUREDI project, she is using her expertise in criminal law in Germany to identify court decisions, where cultural and religious diversity issues were involved. In addition to writing templates on such cases, she acts as a reviewer and is a member of the CUREDI Editorial Board.