Situation during visit (A/HRC/4/33/Add.3) No specific provision relates to the prohibition of torture, or cruel, inhuman or degrading treatment. Steps taken in previous years (to be found in A/HRC/7/3/Add.2) • H.E. King Abdullah and the director of the Public Security Directorate (PSD), Lt. Gen Muhammad Mahmud al-‘Aitan issued clear instructions that there was to be no torture. The General Intelligence Directorate (GID) has issued written and oral instructions addressed to all personnel to refrain from abusing any detainee physically, verbally or emotionally, and providing for an increase in penalties for violations. • • Implicit societal tolerance for a degree of violence against alleged criminal suspects and convicts Though unspoken, many were aware that abuse of suspects and detainees occurs and resigned that little could be done about it Little public discussion about the situation of torture Torture was criminalized in accordance with article 208 of the Penal Code; however, the definition was not consistent with article 1 of the Convention against Torture. 2007: Article 208 of the Penal Code, amended by temporary law No. 49 of 2007, incorporates the definition of torture and increases the minimum prison sentence of three months to six months for perpetrators, and alternative and discretionary sentencing is restricted. Courts are expressly prohibited from taking into account mitigating circumstances and they are Information received on steps taken since December 2007/current situation Non-governmental sources: No one has been prosecuted under the amended article to date. No statistics on prosecutions under the amended article have been provided to the Special Rapporteur. A/HRC/10/44/Add.5 page 51 Recommendation (A/HRC/4/33/Add.3) (a) The absolute prohibition of torture be considered for incorporation into the Constitution (b) The highest authorities, particularly those responsible for law enforcement activities, declare unambiguously that the culture of impunity must end and that torture and ill-treatment by public officials will not be tolerated and will be prosecuted. The message should be spread that torture is an extremely serious crime which will be punished with severe (long-term) prison sentences (c) The crime of torture be defined as a matter of priority in accordance with article 1 of the Convention against Torture, with penalties commensurate with the gravity of torture