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within 24 hours. An individual may bring an action for deprivation of liberty against an official
who keeps him or her in custody for over 24 hours without questioning. During the period
between arrest and being presented to the Public Prosecutor, legal counsel may not be sought.
Article 114 gives the Public Prosecutor the right to detain the person concerned for a renewable
period of 15 days before charging him/her. A detainee may challenge a detention order before
the competent court, and may also challenge any extension of a detention order.
18.
Article 63 of the Code of Criminal Procedure states that the Public Prosecutor must
caution the defendant that he/she has the right to remain silent except in the presence of a lawyer.
The Public Prosecutor has a right to ban any contact between the defendant and others, with the
exception of a lawyer, for a renewable period of 10 days, according to article 66, paragraph 1.
However, paragraph 2 of that article and article 64 allow prosecutors exceptionally to interrogate
detainees without lawyers in cases of urgency.
19.
A court can accept a confession as the only evidence in a case if it is convinced that the
confession was made voluntarily and willingly (art. 159 of the Code of Criminal Procedure).
Jordanian law makes confessions obtained under torture inadmissible in court.
20.
The Government informed the Special Rapporteur of additional safeguards:
− If a public prosecutor decides to place a person in detention, it must be done in a
correction and rehabilitation centre which is subject to judicial supervision and
inspection in accordance with the Correction and Rehabilitation Centres Act No. 9
of 2004. Prisoners can inform their relatives of their whereabouts within 24 hours of
arrival at the centre;
− The law permits individuals to pay a bond, rather than be placed in detention, in order
to ensure that they turn up for trial. Detention cannot be used with respect to offences
carrying a penalty of less than two years’ imprisonment;
− Correction and rehabilitation centres operate on a system based on separation of
convicted persons from persons awaiting trial. Persons convicted of serious crimes
are held in separate quarters from other convicted persons. This system is also used
in security centres;
− For every person placed in a correction and rehabilitation centre, whether as a
detainee or a convicted person, a file is created, detailing the individual’s state of
health on arrival, his/her personal details, the reason for detention, the authority
which issued the arrest warrant or verdict, and the date and time of arrival. The file is
then used to record all details relating to the person’s time at the centre. As soon as a
prisoner arrives at a centre, he/she has a medical check-up and the police doctor
prepares a medical report on his/her state of health, indicating whether or not he has
been beaten or physically tortured. A prisoner exhibiting signs of beating and torture
cannot be admitted until the forensic doctor has produced a report on his condition
and placed it in his file, and until the judicial authorities have been notified of his
condition and his statement has been recorded in the file.