Follow-up to the recommendations made by the Special Rapporteur (Manfred Nowak) in the report of his visit to Jordan in
June 2006 (A/HRC/4/33/Add.3, paras. 72-73)
57.
By letter dated 22 November 2011, the Special Rapporteur sent the table below to the Government of Jordan, requesting
information and comments on the follow-up measures taken with regard to the implementation of his predecessor‘s
recommendations. The Special Rapporteur regrets that the Government has not responded to his request. He looks forward to
receiving information on Jordan‘s efforts to implement the recommendations and affirms that he stands ready to assist in efforts to
prevent and combat torture and ill-treatment.
58.
The Special Rapporteur notes that although the definition of torture has been included in article 208 of the Criminal Code, no
steps have been undertaken to incorporate the prohibition of torture into the Constitution, as recommended by the Committee
against Torture (CAT) in 2010.44
59.
The Special Rapporteur welcomes written and oral instructions issued by the General Intelligence Directorate to its
personnel about refraining from using physical abuse, he remains concerned that no public official has ever been prosecuted for
having committed torture under article 208 of the Criminal Code, and that only disciplinary sanctions and lenient penalties were
imposed on public officials found guilty of abuse or torture. In this connection, he calls on the Government to define the offence of
torture in accordance with articles 1 and 4 of the CAT, with penalties commensurate with the gravity of torture and distinct from
other crimes.
60.
The Special Rapporteur regrets not having received data on the number of complaints of torture and ill-treatment received by
the Public Security Directorate and the National Centre for Human Rights (NCHR), including the results of any investigation
undertaken in this respect. He urges the Government to ensure the effective and independent functioning of these complaint
mechanisms and looks forward to receiving statistical data on the number of complaints, investigations, prosecutions and
convictions of cases of torture and ill-treatment.
61.
The Special Rapporteur remains concerned about the reported cases of domestic violence against women and strongly
encourages the Government to provide women at risk of violence with protection and support without placing them in ―protective‖
custody but housing them in specific victim shelters.
62.
Finally, the Special Rapporteur reiterates his recommendation to consider the ratification of the Optional Protocol to the
Convention against Torture (OPCAT) and the establishment of a National Preventive Mechanism. He recalls the appeal to the
Government to make declaration with respect to article 22 of the CAT, recognizing the competence of the CAT to receive and
consider communications from victims of torture.
44
Concluding observations of the Committee against Torture. (CAT/C/JOR/CO/2), Jordan, 25 May 2010.
A/HRC/19/61/Add.3
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