CAT/C/JOR/CO/2
Impunity for acts of torture and ill-treatment
10.
The Committee is deeply concerned by the numerous, consistent and credible
allegations of a widespread and routine practice of torture and ill-treatment of detainees in
detention facilities, including facilities under the control of the General Intelligence
Directorate and the Criminal Investigations Department. The Committee is further
concerned that such allegations are seldom investigated and prosecuted and that there
would appear to be a climate of impunity resulting in the lack of meaningful disciplinary
action or criminal prosecution against persons of authority accused of acts specified in the
Convention. The Committee is particularly concerned that, while no official has ever been
prosecuted for having committed torture under article 208 of the Penal Code, there have
been prosecutions under article 37 of the Public Security Law of 1965 as the lex specialis,
calling solely for disciplinary action. The Committee is further concerned that article 61 of
the Penal Code stipulates that a person shall bear no criminal responsibility for acts
performed in accordance with orders given by someone of higher rank (arts. 2, 4, 12 and
16).
As a matter of urgency, the State party should take immediate and effective measures
to prevent acts of torture and ill-treatment throughout the country, including
announcement of a policy that would produce measurable results in the eradication of
torture and ill-treatment by State officials.
The State party should ensure that all allegations of torture and ill-treatment are
investigated promptly, effectively and impartially, and that the perpetrators are
prosecuted and convicted in accordance with the gravity of the acts, as required by
article 4 of the Convention.
Furthermore, the State party should amend its legislation in order to explicitly
provide that an order from a superior officer or a public authority may not be
invoked as a justification of torture.
Complaints and prompt and impartial investigations
11.
The Committee expresses its concern at the high number of complaints of torture
and ill-treatment by law enforcement, security, intelligence and prison officials, the limited
number of investigations carried out by the State party in such cases, and the very limited
number of convictions in those cases which are investigated. Additionally, the Committee
is concerned that the existing investigative bodies lack the necessary independence to
review individual complaints about misconduct committed by security officials. The
Committee also regrets the lack of detailed information, including statistics, on the number
of complaints of torture and ill-treatment and results of all the proceedings, both at the
penal and disciplinary levels, and their outcomes (arts. 11, 12 and 16).
The State party should strengthen its measures to ensure prompt, thorough, impartial
and effective investigations into all allegations of torture and ill-treatment of convicted
prisoners and detainees and to bring to justice law enforcement, security, intelligence
and prison officials who carried out, ordered or acquiesced in such practices. In
particular, such investigations should be undertaken by an independent body. In
connection with prima facie cases of torture and ill-treatment, the alleged suspect
should as a rule be subject to suspension or reassignment during the process of
investigation, to avoid any risk that he or she might impede the investigation or
continue any reported impermissible actions in breach of the Convention.
The State party should prosecute the perpetrators and impose appropriate sentences
on those convicted in order to ensure that State officials who are responsible for
violations prohibited by the Convention are held accountable.
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