CAT/C/JOR/CO/2
Fundamental legal safeguards
12.
The Committee expresses its serious concern at the State party’s failure in practice
to afford all detainees, including detainees held in facilities of the General Intelligence
Directorate and the Public Security Department, all fundamental legal safeguards from the
very outset of their detention. Such safeguards comprise the right to have prompt access to
a lawyer and an independent medical examination, to notify a relative, and to be informed
of their rights at the time of detention, including about the charges laid against them, as
well as to appear before a judge within a time limit in accordance with international
standards. The Committee is particularly concerned that an arrested person does not have
the right to a lawyer from the moment of arrest, and especially during the initial stage
between arrest and being presented to the prosecutor, and that articles 63, paragraph 2, and
64 of the Code of Criminal Procedure allow prosecutors exceptionally to interrogate
detainees without lawyers in “cases of urgency”. The Committee is further concerned that
meetings between lawyers and clients reportedly take place in the presence of numerous
other persons and attorneys (arts. 2, 11 and 12).
The State party should promptly implement effective measures to ensure that all
detainees are afforded, in practice, all fundamental legal safeguards from the very
outset of their detention. These include, in particular, the right to have prompt access
to a lawyer and an independent medical examination, to notify a relative, and to be
informed of their rights at the time of detention, including about the charges laid
against them, as well as to appear expeditiously before a judge. The State party should
also take effective measures to ensure that “lawyers’ rooms” provide for the
confidentiality of client-lawyer consultations.
Administrative detention
13.
According to the State party’s report (para. 45), the Government has instructed
administrative court judges to end the practice of administrative detention and a large
number of persons have been released. However, the Committee expresses its grave
concern at the continued practice of administrative detention (according to the replies to the
lists of issues, more than 20,000 persons were held in such detention in 2006 and this was
reduced to approximately 16,000). The Committee is particularly concerned that the Crime
Prevention Act of 1954 provides for administrative governors affiliated with the Ministry of
Interior to detain any person suspected of perpetrating a crime or any person considered a
threat to the community for a period of one year, renewable indefinitely. The Committee is
also concerned that the Code of Criminal Procedures currently allows arrest and detention
without explicit legal grounds, as well as arrest without objective supportive grounds (arts.
2, 11 and 16).
Since administrative detention puts detainees beyond judicial control and hence at
risk of measures in contravention of the Convention, the Committee urges the State
party to take all appropriate measures to abolish the practice of administrative
detention. The State party should amend the domestic laws cited above to bring them
into conformity with international human rights standards and the State party’s
obligations under the Convention.
Special court system
14.
The Committee expresses its grave concern at the special court system within the
security services, including the State Security Court, the Special Police Court and the
Military Tribunal of the General Intelligence Directorate, which have reportedly shielded
military and security personnel alleged to be responsible for human rights violations from
legal accountability. The Committee is concerned that transparency, independence and
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