(d) The special court system within the
security services – above all, police and
intelligence courts – be abolished, and
their jurisdiction be transferred to the
ordinary independent public prosecutors
and criminal courts
The special court system did not work
effectively. The presumption of
innocence was illusory, primacy was
placed on obtaining confessions, public
officials essentially demonstrated no
sense of duty, and assumed no
responsibility to investigate human
rights violations against suspected
criminals, and the system of internal
special courts served only to shield
security officials from justice.
e) An effective and independent
complaints system for torture and abuse
leading to criminal investigations be
established
Article 107 of the Code of Criminal
Procedure (CCP), guarantees every
prisoner the right to complain to prison
authorities, who have to forward the
complaint to the Public Prosecutor.
When allegations of torture against a
member of the police were made, the
Department of Public Prosecutions had
to register it in an investigation report
and refer the person to a forensic doctor.
Within the PSD a Complaints and
Human Rights Office received
complaints against its personnel.
A human rights directorate within the
Ministry of Interior was mandated to
follow up on general human rights
issues and complaints.
The PSD established a radio
station through which all
complaints were directly aired
and appropriate solutions
sought; and installed complaints
boxes in various prisons under
the direct supervision of the
PSD’s Office of Complaints and
Human Rights.
The Ministry of Justice created a
complaints mechanism and
allocated qualified personnel to
handle complaints, which
enabled the Prosecutor General
to monitor the situation in
prisons. The Ministry created a
registry for complaints in the
Attorney-General’s Office.
Non-governmental sources:
Prisoners can complain to the
Ministry of Interior’s PSD
through Legal Affairs prosecutors
who are present all the time in
seven prisons: Muwaqqar,
Qafqafa, Swaqa, Jweideh men,
Jweideh women, al-‘Aqaba and
Birain. The prison-based
prosecutors work closely with
officials in the Complaints and
Human Rights Office of the PSD,
who visit the prisons every two
weeks and empty the sealed
complaints boxes.
87
In February 2008, the NCHR was
allowed to open an office inside
Swaqa prison to receive
complaints from prisoners on a
weekly basis. However, the
NCHR was not allowed access to
Swaqa prison during
disturbances which occurred in
the prison in April 2008. The PSD
has reportedly stopped
cooperating with the NCHR
following its critical reporting of
A/HRC/13/39/Add.6
The NCHR was tasked with addressing
human rights issues through a
monitoring mechanism and the
examination of complaints related to
government institutions.
Non-governmental sources: No
steps have been taken in this
regard.
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