A/HRC/19/61/Add.3
147
Steps taken in previous years
Recommendation
Situation during visit
(to be found in A/HRC/7/3/Add.2,
Information received in the reporting
(A/HRC/4/33/Add.3)
(A/HRC/4/33/Add.3)
A/HRC/10/44/Add.5 and A/HRC/16/52/Add.2)
period
(a) The absolute prohibition of
No specific provision relates to Government: The fact that the Jordanian
torture be considered for
the prohibition of torture, or
Constitution does not contain a provision on the
incorporation into the Constitution. cruel, inhuman or degrading offence of torture, does not imply that torture is in
treatment.
any way permissible. The absence of such a
constitutional provision cannot be legally
construed as derogating from the legal obligations
laid down in the CAT, nor can it be interpreted as
a failing of the Constitution.
1.The Constitution contains general norms which
place individual rights and freedoms in a general
framework.
2. Torture is defined as a criminal offence in
article 208 of the Criminal Code, which was
recently amended to include explicit reference to
the offence of torture, as was article 49 of the
Military Criminal Code.
3. After being published in the Official Gazette,
the Convention against Torture has become part of
the Jordanian penal legislation.
4.The Constitution guarantees that everyone has
the general and absolute right to seek a legal
remedy. Under article 256 of the Civil Code, a
plaintiff is entitled to seek damages for any injury
suffered.
(b) The highest authorities,
- Implicit societal tolerance for - HE King Abdullah and the director of the Public
particularly those responsible for a degree of violence against
Security Directorate (PSD), Lt. Gen Muhammad
law enforcement activities, declare alleged criminal suspects and Mahmud al-‗Aitan issued clear instructions that
unambiguously that the culture of convicts.
there was to be no torture.
impunity must end and that torture - Though unspoken, many were - The General Intelligence Directorate (GID) has
and ill-treatment by public officials aware that abuse of suspects issued written and oral instructions addressed to all
will not be tolerated and will be
and detainees occurs and
personnel to refrain from abusing any detainee
prosecuted. The message should be resigned that little could be
physically, verbally or emotionally, and providing
spread that torture is an extremely done about it.
for an increase in penalties for violations.
serious crime which will be
- Little public discussion about
punished with severe (long-term) the situation of torture.
Government: Jordanian, Arab and international
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