CAT/C/JOR/CO/3
obeyed by law, unless that order is illegal, the Committee expresses its concern about the
lack of information on whether mechanisms or procedures for protecting subordinates from
reprisals exist so as to enable subordinates to refuse to obey illegal orders in practice (art.
2).
12.
The State party should ensure that the principle of absolute prohibition of
torture is incorporated in its legislation and that it is strictly applied, in accordance
with article 2 (2) of the Convention. The State party should also ensure that an order
from a superior-ranking officer may not be invoked as justification of torture and, to
that end, establish a mechanism for the protection of subordinates who refuse to obey
such an order, and ensure that all law enforcement officers are informed of the
prohibition against obeying unlawful orders and made aware of the protective
mechanisms put in place.
Refugees and non-refoulement
13.
While appreciating the State party’s efforts to host an exceptional number of
refugees fleeing armed conflict in neighbouring countries, the Committee expresses its
concern about the living conditions in refugee camps that may amount to ill-treatment. It
also notes the delegation’s statement that the principle of non-refoulement is being
practically applied, however, it remains concerned at reports of inconsistent border policies.
In that regard, the Committee notes with concern the State party’s policy not to admit
Palestinian refugees fleeing the conflict in Syria. It also notes several cases of refoulement
of such persons to Syria, without the necessary individualized procedures. The Committee
is also concerned at reports indicating the State party’s involvement in “extraordinary
renditions” in the context of the war against terrorism (arts. 3, 12 and 13).
14.
The State party should:
(a)
Take effective measures to enhance living conditions in refugee camps;
(b)
Strengthen its domestic legislative framework by adopting a
comprehensive law on asylum that is consistent with international standards and in
accordance with article 3 of the Convention;
(c)
Abolish its policy not to admit Palestinian refugees fleeing the conflict in
Syria and refrain from deporting them to Syria, if they cross the borders;
(d)
Ensure procedural safeguards against refoulement and effective
remedies with respect to refoulement claims in removal proceedings, including review
of rejections by an independent judicial body;
(e)
Ensure that no one under its control at any time becomes the object of an
“extraordinary rendition”; conduct effective, impartial investigations into any and all
cases of “extraordinary rendition” in which the State party may have played a role;
and bring to light the facts surrounding such cases. The State party should also
prosecute and punish those responsible for such renditions and compensate the
victims;
(f)
Consider ratifying the 1951 Convention relating to the Status of
Refugees, the 1967 Protocol relating to the Status of Refugees, the 1954 Convention
relating to the Status of Stateless Persons and the 1961 Convention on the Reduction
of Statelessness.
Withdrawal of nationality or national identification number
15.
Notwithstanding the explanations provided by the delegation, the Committee
remains concerned about reports indicating arbitrary revocation of citizenship or
3