A/HRC/13/39/Add.6
Jordan
Follow-up to the recommendations made by the Special Rapporteur (Manfred
Nowak) in the report of his visit to Jordan in June 2006 (A/HRC/4/33/Add.3, paras.
72-73)
38.
By letter dated 23 October 2009, the Special Rapporteur sent the following report to
the Government of Jordan, requesting information and comments on the follow-up
measures taken with regard to the implementation of his recommendations. The Special
Rapporteur regrets that the Government has not provided him with a response to his
request. He looks forward to receiving information on its endeavours to implement his
recommendations and he reaffirms that he stands ready to assist Jordan in its efforts to
prevent and combat torture and ill-treatment.
39.
The Special Rapporteur particularly regrets that he was not provided with official
statistical data on prosecutions of torture perpetrators under the amended article 208 of the
Penal Code or on compensation rewarded to victims of torture. According to nongovernmental sources, nobody has been prosecuted under article 208 to date.
40.
He is equally concerned about indications by non-governmental sources that no
developments have taken place with regard to his recommendations on the introduction of
legal safeguards against torture and ill-treatment, such as habeas corpus procedures, routine
questions by judges to detainees about their treatment, or non-admissibility of confessions
of persons in custody without the presence of a lawyer. Yet another area of concern is the
non-governmental information that women and girls are still placed in protective custody.
41.
The Special Rapporteur is encouraged that the role of the National Centre for
Human Rights in receiving complaints is strengthened by a Memorandum of Understanding
(MoU) with the Public Security Directorate (PSD). He equally welcomes the initial steps
taken by the PSD to sign a MoU with the Bar Association regarding attendance of lawyers
during interrogations and appeals to the Government to amend the law in this respect. The
consideration of amendments to the law, which would introduce alternative sentences, is
another positive step. The Special Rapporteur welcomes the information provided by nongovernmental sources that pre-trial and convicted prisoners are now separated, after the
inauguration of two new prisons.
42.
Regarding the statement of the Government during the UPR process that the Special
Rapporteur had withdrawn his findings on torture in Jordan,9 he wishes to clarify that he
never renounced the conclusions of his report.
43.
Finally, the Special Rapporteur wishes to reiterate his recommendation to the
Government of Jordan to consider the ratification of the OPCAT and the establishment of a
National Preventive Mechanism.
9
Report of the Working Group on the Universal Periodic Review, Jordan, A/HRC/11/29 of 3 March
2009, para. 52.
85
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