CAT/C/JOR/CO/3
dormitories of migrant workers. The State party should also facilitate access to justice
by victims, thoroughly investigate all complaints, bring perpetrators to justice and, if
they are convicted, punish them accordingly.
Redress and rehabilitation
47.
While bearing in mind article 256 of the Civil Code, which enables plaintiffs to seek
damages for injuries suffered from perpetrators, the Committee is concerned about the lack
of explicit provisions in domestic legislation that provides for the right of victims of torture
and ill-treatment to fair and adequate compensation, including the means for as full
rehabilitation as possible, as required by article 14 of the Convention. Apart from one court
case in 2014, in which the court ordered compensation for the plaintiff who had been
unlawfully detained, the Committee regrets that the delegation failed to provide other
information on reparation and compensation measures ordered by the courts or other State
bodies since the entry into force of the Convention in the State party. The Committee also
regrets the lack of information regarding treatment and social rehabilitation services and
other forms of assistance, including medical and psychosocial rehabilitation, provided to
victims (art. 14).
48.
The State party should review its legislation to include explicit provisions on the
right of victims of torture and ill-treatment to redress, including fair and adequate
compensation and rehabilitation and to ensure that victims may, inter alia, seek and
obtain prompt, fair and adequate compensation, including in cases where the civil
liability of the State party is involved, in accordance with article 14 of the Convention.
The State party should, in practice, provide all victims of torture or ill-treatment with
redress, including fair and adequate compensation, and as full rehabilitation as
possible. Furthermore, the Committee recommends that the State establish a
rehabilitation programme, including appropriate medical and psychological
assistance, for victims and allocate the necessary resources for its effective
implementation. The State party should provide the Committee with statistical data
on cases in which it has provided compensation to victims of torture or ill-treatment,
as well as the amount of the compensation. The Committee draws the attention of the
State party to its general comment No. 3 (2012) on the implementation of article 14 by
States parties, which clarifies the content and scope of the obligations of States parties
to provide full redress to victims of torture.
Coerced confessions
49.
While noting the legal safeguards enshrined in the Jordanian Constitution, which
establish the inadmissibility of evidence obtained through torture, and in article 159 of the
Code of Criminal Procedure, which invalidates evidence or proof obtained by means of
physical or moral coercion, the Committee is concerned that, in practice, coerced
confessions or statements are still used as admissible evidence in courts. The Committee
remains concerned about the apparent failure to investigate those allegations and about the
lack of information on the prosecution and punishment of the officials who allegedly
extracted such confessions (art. 15).
50.
The State party should adopt effective measures to guarantee that coerced
confessions or statements are inadmissible in practice, except when invoked against a
person accused of torture as evidence that the statement was made. The State party
should also ensure that law enforcement officials, judges and lawyers receive training
on how to detect and investigate cases in which confessions are obtained under
torture. Furthermore, it should ensure that officials who extract such confessions are
brought to justice, prosecuted and punished accordingly.
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