166. The Committee is concerned that the definition of the act of torture as
specified by article 1 of the Convention is not incorporated in Jordanian
legislation. Current Jordanian criminal law does not cover all cases of torture
and ill treatment, as provided for in the Convention.
167. The Committee is deeply concerned that a number of allegations of torture
have been made since Jordan acceded to the Convention. Such allegations appear
to be rarely subjected to independent and partial investigations. The Committee
is further concerned that during 1993 and 1994 political detainees were
sentenced to death or imprisonment in trials before the State Security Court on
the basis of confessions allegedly extracted after torture.
168. The Committee regrets that the headquarters of the General Intelligence
Department has been recognized as an official prison, that the armed forces
officers are granted the capacity of public prosecutors, that they have the
capacity of detaining suspects incommunicado, whether military persons or
civilians, until the end of their interrogation for periods of up to six months,
and that detainees are deprived of access to judges, lawyers or doctors.
169. The Committee expresses concern about the continuing application of the
death penalty, as well as corporal punishment, which could constitute in itself
a violation in terms of the Convention.
170. The Committee is also concerned that there are allegations that individuals
have been expelled from Jordan to countries where there are substantial grounds
for believing that they would be in danger of being subjected to torture in
contravention of article 3 of the Convention.
171. The Committee notes that there does not seem to be in the State party any
comprehensive programme of education for members of the police and security
forces, dealing with Jordan’s obligations under the Convention. Similarly, no
specific educational programmes for medical personnel appears to be in place.
These programmes would be useful, in particular given the fact that so many
refugees from other countries are located in Jordan.
D.
Recommendations
172. The Committee recommends that the State party review its position
concerning articles 21 and 22 of the Convention.
173. The Committee expects the State party to undertake the necessary legal
measures to ensure the incorporation of the Convention in national legislation
and to ensure its prompt and effective application.
174. The Committee urges the State party to consider making torture a specific
criminal offence. In addition, it suggests that the State party further
strengthen measures to protect the rights of detainees, especially their access
to judges, lawyers and doctors of their choice. It also recommends that the
State party promptly investigate allegations of torture and ill treatment and
ensure that appropriate penalties are applied whenever such offences are
committed; prevent the commission of such acts through efforts to ensure the
stricter observance of regulations relating to the treatment of detainees and
offenders; and reduce the length of preventive detention, taking into account
its principle of presumption of innocence and the complexity of investigation.
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