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 Recommendation

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