OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
37
recalled that during their time in detention they met only with GID staff, except for
when they were brought before the prosecutor to be charged. However, several
detainees made clear that they were unable with certainty to distinguish between GID
officers and officers from the prosecutor’s office, since all wear civilian clothes,
conduct interrogations in a similar fashion, and are located in close proximity.
The prosecutor is also the legal authority for detainees’ complaints regarding cruel
or inhuman treatment or torture. Jordanian law requires any official, including GID
officers, to accept and transmit complaints to their superiors. The role of the
prosecutor includes investigating complaints that allege a breach of the law. The
fundamental lack of independence of the prosecutor within the GID and SCC
structures renders this role wholly ineffective. Samih Khrais, a lawyer who has
defended tens of clients before the State Security Court, told Human Rights Watch:
‘The prosecutor will send a detainee back to the cell if he says he confessed under
torture.’ Khrais said that because of the prosecutor’s role in the process before the
SCC, and the rules that make statements obtained under torture inadmissible in court,
the SCC prosecutors are disinclined to act on any complaints of torture. One detainee,
Mustafa R., who said he was tortured both before and after being charged, told
Human Rights Watch that when he was brought before the prosecutor to be charged
he was alone with the prosecutor in his office in the GID complex while a car with his
interrogators waited outside to take him back to his cell. The prosecutor did not make
any inquiry as to whether illegal force or coercion were used against Mustafa R.
during his interrogation. Another former detainee, Muhammad al-Barqawi, told
Human Rights Watch that if a detainee demands a lawyer or alleges torture, the
prosecutor sends the detainee back for more interrogation, saying ‘He’s not ready
yet.’”
117. In its report of 8 October 2008, “Torture and Impunity in Jordan’s
Prisons”, which was based on prisons visits it had carried out in 2007 and
2008, Human Rights Watch concluded that torture remained widespread and
routine in Jordan’s prisons. The organisation received allegations of
ill-treatment from 66 of the 110 prisoners it interviewed. It also concluded
that prison guards tortured inmates because prosecutors and judges did little
to pursue them. The report noted that willingness of the Jordanian
Government to grant access to prisons was commendable and reflected a
positive commitment to reform. However, the report also noted that the
public concern of Jordanian leadership had not shown lasting effects on the
ground. Torture was inflicted routinely when prisoners broke prison rules,
made requests for doctors, telephone calls or visits, or make complaints.
Islamist prisoners faced greater abuse than others. Complaints of torture had
decreased but remained a common occurrence. Torture was not a general
policy, although high-ranking prison officials had ordered beatings. Torture
was a “tolerated practice” because mechanisms for individual accountability
were lacking; the Government had quietly taken some initial steps to
provide greater opportunities for redress, but had not vigorously pursued
them.
118. In the section of its World Report of 2010 on Jordan, Human
Rights Watch also commented that further positive reforms such as the
NCHR anti-torture training programmes, were far from sufficient
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