38
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
considering Jordan’s lack of political will and effective mechanisms to bring
perpetrators to justice.
3. The Jordanian National Centre for Human Rights
119. In its 2005 Annual Report, the NCHR recognised that although,
Jordanian law was clear as to the illegality of a conviction based on a
confession which had been obtained by coercion, it was difficult for
defendants to prove that confessions had been so obtained, especially given
the lack of witnesses and long periods of detention which meant that
forensic physicians could not detect abuse.
120. In its 2007 Report the NCHR noted that information on criminal
trials revealed “a clear shortcoming - in many cases - in commitment to the
basic criteria of a just trial”. It referred in particular to the trying of civilians
before the State Security Court whose judges were “militarily incline[d]”,
which undermined the principle of judicial independence and reduced the
guarantees of a fair trial.
121. In its 2008 Report the NCHR noted the continuing difficulties in
detecting torture, including the prolonged period of detention for which
detainees were held and the fact that those responsible for coercion of
defendants did not write out their statements, meaning the statements
became legally conclusive evidence. The NCHR also noted that, for part of
the year, it had been banned from visiting prisons. There had, however, been
a number of positive anti-torture measures introduced by the Government.
122. In its 2009 Report, the NCHR noted that anti-torture efforts were
still “mediocre and hesitant”. Problems included the Crime Prevention Law,
which allowed incommunicado detention without judicial monitoring; the
State Security Act, which allowed detention for seven days before referral to
a judge; and that a statement made by a suspect without the presence of the
Public Prosecutor was admissible if it was “submitted to the public
prosecution along with a piece of evidence for the circumstances under
which it has been made, and that the suspect has made that statement
voluntarily.”
4. United States Department of State
123. The United States Department of State 2009 Human Rights Report
on Jordan recorded local and international NGOs’ concerns that torture
remained widespread, although they had also noted a decrease in the
number of complaints made. The NGOs has also found that complaints
mechanisms had improved but additional reforms were required. The report
also stated:
“Unlike in prior years, there were no new public claims of torture by defendants
before the State Security Court. On April 15, three of five men who claimed to have
been tortured from 2007 to May 2008 received five-year sentences. The other two
men were acquitted due to lack of evidence. The government found their torture
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