CAT/C/JOR/CO/2
The State party should also strengthen its efforts in respect of research and data
collection on the extent of domestic violence and it is requested to provide the
Committee with statistical data on complaints, prosecutions and sentences in its next
periodic report.
Protective custody
21.
The Committee notes with concern that the Suppression of Offences Act of 1954
authorizes “protective custody” for women at risk of violence, which according to reports is
akin to administrative detention, and that some women are still retained in such custody
(arts. 2, 11 and 16).
The Committee urges the State party to replace the practice of “protective custody”
with other measures that ensure the protection of women without jeopardizing their
liberty, and to accordingly transfer all women currently held in “protective custody”
to other safe and rehabilitative shelters. To this end, the Committee encourages the
State party to adopt a national plan for the protection of women in danger.
Trafficking
22.
While welcoming the adoption, in 2009, of the Human Trafficking Prohibition Act
No. 9 which criminalizes all forms of human trafficking, the Committee expresses its
concern at reports of trafficking in women and children for sexual and other exploitative
purposes. The Committee is also concerned at the general lack of information on the extent
of trafficking in the State party, including the number of complaints, investigations,
prosecutions and convictions of perpetrators of trafficking, and on the practical measures
adopted to prevent and combat such phenomena (arts. 1, 2, 4, 12 and 16).
The State party should increase its efforts to prevent and combat trafficking of
women and children, including by implementing the current laws combating
trafficking, providing protection for victims and ensuring their access to medical,
social, rehabilitative and legal services, including counseling services, as appropriate.
The State party should also create adequate conditions for victims to exercise their
right to make complaints, should conduct prompt, impartial and effective
investigations into all allegations of trafficking and should ensure that perpetrators
are brought to justice and punished with penalties appropriate to the nature of their
crimes.
Refugees, violations of article 3 and lack of investigations
23.
The Committee regrets the absence of domestic legislation in the State party that
guarantees the rights of refugees and asylum-seeking persons. The Committee expresses its
concern at the absence of legal provisions, including in the Fugitive Offenders Act of 1927
or the Residence Alien Affairs Act No. 2 of 1973 that would explicitly prohibit the
expulsion, refoulement or extradition of a person to another State where there are
substantial grounds for believing that he or she would be in danger of being subjected to
torture. The Committee is also concerned at reports that individuals have not been afforded
the full protection provided for by article 3 of the Convention in cases of expulsion, return
or deportation. Such cases include those of Maher Arar, Mohamed Farag Bashamilah and
Salah Naser Salem Ali Darwish. The Committee is further concerned at reports that the
cooperation of Jordan with other Governments in the context of the “war on terror” has
resulted in additional human rights violations, including secret detentions and renditions of
terrorism suspects, in breach of the Convention. In this respect, the Committee regrets the
lack of information as to whether the State party is considering the establishment of an
independent investigation to follow up on such allegations (arts. 3, 12 and 13).
8