Situation during visit
Steps taken in previous years
(A/HRC/4/33/Add.3)
(A/HRC/4/33/Add.3)
(to be found in
A/HRC/7/3/Add.2 and
A/HRC/10/44/Add.5)
(a) The absolute prohibition of torture
be considered for incorporation into the
Constitution
No specific provision relates to the
prohibition of torture, or cruel, inhuman
or degrading treatment.
(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
There was implicit societal tolerance for
a degree of violence against alleged
criminal suspects and convicts.
(c) The crime of torture be defined as a
matter of priority in accordance with
Article 1 of the Convention against
Torture (CAT), with penalties
commensurate with the gravity 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.
Though unspoken, many were aware
that abuse of suspects and detainees
occurs and resigned that little could be
done about it.
There was little public discussion about
the situation of torture.
Information received in the
reporting period
Non-governmental sources: No
steps have been taken in this
regard.
HE King Abdullah and the
director of the PSD, Lt. Gen
Muhammad Mahmud al-‘Aitan
issued clear instructions that
there was to be no torture.
Non-governmental sources: The
NCHR has urged the PSD to
issue instructions for the
prevention of torture.
The General Intelligence
Directorate (GID) issued written
and oral instructions addressed
to all personnel to refrain from
abusing any detainee physically,
verbally or emotionally; the
instructions provided for an
increase in penalties for
violations.
Penal Code Article 208 was
amended by temporary law No.
49 of 2007, to incorporate the
definition of torture and increase
the minimum prison sentence of
three months to six months
while restricting alternative and
discretionary sentencing. Courts
were expressly prohibited from
taking into account mitigating
circumstances and from
imposing suspended sentences.
Non-governmental sources:
Nobody has been prosecuted
under the amended article to
date.
The crime of torture is still
defined as a “misdemeanour”
and the minimum sentence is
three months rather than six.
A/HRC/13/39/Add.6
86
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