A/HRC/4/33/Add.3
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62.
However, with respect to the question of impunity and the prosecution by special courts
of police or intelligence officers for torture or ill-treatment, no evidence has been produced to
indicate examples of where special court acquittals of police officers have been successfully
appealed to the Court of Cassation, if appealed at all.
63.
This leads to the conclusion that impunity is total. The special court system does not
work effectively at all. The absence of a crime of torture in accordance with article 1 of the
Convention against Torture is only part of the problem. At the heart of it lies a system where the
presumption of innocence is illusory, primacy is placed on obtaining confessions, public officials
essentially demonstrate no sense of duty, and assume no responsibility to investigate human
rights violations against suspected criminals, and the system of internal special courts serves
only to shield security officials from justice.
IV. CONCLUSIONS AND RECOMMENDATIONS
64.
The Special Rapporteur concludes that the practice of torture is widespread in
Jordan, and in some places routine, namely the General Intelligence Directorate, the Public
Security Directorate’s Criminal Investigation Department, as well as Al-Jafr Correction
and Rehabilitation Centre.
65.
The total denial of knowledge of torture allegations is astonishing, and points to a
lack of awareness and recognition by officials of the nature of the prohibition of torture
and ill-treatment, and of its gravity and severity.
66.
The Special Rapporteur notes that article 208 of the Penal Code is not in line with
the definition of torture contained in article 1 of the Convention against Torture, is not
treated as a significant crime but rather as a misdemeanour, and is not subject to penalties
appropriate to its gravity. Indeed, in the opinion of officials, minor disciplinary sanctions
seem to be adequate and sufficient sanctions for acts amounting to torture.
Notwithstanding the shortcomings of this provision and despite the assertions by the
Government that the Convention is a binding part of domestic law, it has never been
applied because ordinary courts have no competence to invoke it against military,
intelligence or public security officers.
67.
Taken together, the lack of awareness and recognition, and the absence of any
effective legislation to prohibit and criminalize torture creates a system of total impunity
that allows torture to be practised in Jordan unchecked.
68.
In view of Jordan’s position as a Vice-Chair of the United Nations Human Rights
Council; the stated political commitment, at the highest levels, to the promotion of a human
rights culture in the country and the dissemination of information about these issues at the
governmental and public levels; the reaffirmation of the Government’s commitment to the
Convention against Torture and the human rights treaties to which it is a party; its
condemnation of all practices of torture and ill-treatment and its intention to impose the
highest penalties on any public official found guilty of torture and ill-treatment; its
willingness to continue to cooperate with the Special Rapporteur and with the
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