OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
39
claims baseless, as they also found the January 2008 torture claims of two men
accused of exporting weapons to the West Bank whose criminal cases were ongoing
at year’s end.
On May 14, the State Security Court sentenced Nidal Momani, Tharwat Draz, and
Sattam Zawahra to death for plotting to kill a foreign leader while visiting the country
in 2006, but it immediately commuted their sentences to 15 years’ imprisonment. In
2007 and 2008, the defendants claimed they had been beaten and psychologically
pressured to confess.”
124. The 2010 Report recorded that Jordanian law prohibited torture;
however, international NGOs continued to report incidences of torture and
widespread mistreatment in police and security detention centres. In respect
of arrest and trial procedures, the Report noted that:
“The State Security Court gives judicial police, charged with conducting criminal
investigations, authority to arrest and keep persons in custody for 10 days. This
authority includes arrests for alleged misdemeanors. In cases purportedly involving
state security, the security forces arrested and detained citizens without warrants or
judicial review, held defendants in lengthy pretrial detention without informing them
of the charges against them, and did not allow defendants to meet with their lawyers
or permitted meetings only shortly before trial. Defendants before the State Security
Court usually met with their attorneys at the start of a trial or only one or two days
before. A case may be postponed for more than 48 hours only under exceptional
circumstances determined by the court. In practice, cases routinely involved
postponements of more than 10 days between sessions with proceedings lasting for
several months. In most cases the accused remained in detention without bail during
the proceedings. Several inmates were in detention without charge at year’s end.”
The Report also commented that Jordanian law provided for an
independent judiciary; however, the judiciary’s independence in practice
was compromised by allegations of nepotism and the influence of special
interests.
V. RELEVANT COMPARATIVE AND INTERNATIONAL LAW ON
TORTURE AND THE USE OF EVIDENCE OBTAINED BY
TORTURE
A. The United Nations Torture Convention
1. Relevant provisions of the Convention
125. One hundred and forty-nine States are parties to the 1984 United
Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (“UNCAT”), including all Member
States of the Council of Europe. Article 1 of the Convention defines torture
as:
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