A/HRC/4/33/Add.3
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8.
The Special Rapporteur wishes to acknowledge with appreciation the support provided to
him by the United Nations Resident Coordinator, Ms. Christine McNab, and her staff at the
United Nations Development Programme (UNDP); the Office of the High Commissioner for
Human Rights (OHCHR); interpreters from the United Nations Office in Geneva; the drivers and
the security officer provided to him; Dr. Derrick Pounder, forensic doctor of the University of
Dundee; and Ms. Julia Kozma, of the Ludwig Boltzmann Institute of Human Rights.
I. LEGAL FRAMEWORK
A. International level
9.
The Special Rapporteur notes that Jordan is a State party to the major United Nations
human rights treaties prohibiting torture and ill-treatment, including the International Covenant
on Civil and Political Rights (ICCPR); the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and the Convention on the Rights of the Child (CRC).
Jordan is also party to the Geneva Conventions of 12 August 1949, and the Rome Statute of the
International Criminal Court. Jordan is not a party to the Optional Protocols to the ICCPR,
concerning the right of individual petition and the abolition of the death penalty, nor has it
recognized the competence of the Committee against Torture (CAT) to consider complaints from
individuals by making the declaration under article 22 of the Convention against Torture. Jordan
is also not a party to the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT) providing for a system of preventive
visits to all places of detention.
B. Domestic level
1. Constitutional protection of human rights, including the prohibition
of torture and other cruel, inhuman or degrading treatment or
punishment
10.
Chapter 2 of the Constitution of the Hashemite Kingdom of Jordan provides for
“Rights and Duties of Jordanians”. Articles 5 to 23 deal with nationality, equality and
non-discrimination, right to work and education, personal freedom, freedom of movement and
residence, inviolability of dwelling, right to property, prohibition of compulsory labour, freedom
of religion, freedom of opinion and media, freedom of assembly, right to petition, freedom of
communication, right of congregational schools, right to education, rights of refugees, right to
public offices, and workers’ rights. No specific provision relates to the prohibition of torture, or
cruel, inhuman or degrading treatment.
2. Provisions of the Penal Code criminalizing torture
11.
The Convention against Torture, acceded to by Jordan on 13 November 1991, became a
binding part of the country’s domestic law upon promulgation by publication in the
Official Gazette on 15 June 2006. Prior to this, the Convention’s provisions could be referred to
by courts to the extent that they were not inconsistent with existing domestic law.
12.
The relevant provision in domestic law which criminalizes torture (art. 208 of the
Jordanian Penal Code) stipulates: