A/HRC/7/3/Add.2
page 57
243.
Recommendation (b) stated: 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;
244.
According to non-governmental sources, torture continues to be widespread in
holding facilities and in the general prisons. Ill-treatment continues to take place in the
GID. There has been a growing awareness and public discussion of Jordan’s torture
problem. However, little legislative reform has taken place, and institutional reform
focuses on training and new prisons rather than effective mechanisms of prevention or
discovery and prosecution of perpetrators. The prison reform currently being discussed
and, at the training the trainers stage, being implemented, should be publicly discussed
with local NGOs and the Jordanian Lawyers’ Association, and reviewed by the Office of
the United Nations High Commissioner for Human Rights to ensure it incorporates the
Special Rapporteur’s recommendations. The April 2009 Universal Periodic Review of
Jordan as a member of the Human Rights Council should provide an opportunity to
discuss further implementation of these recommendations. The question of impunity is
crucial to preventing torture in Jordan. More scrutiny should be put on the work of police
prosecutors and the judges of the police court, as well as the various failures of ordinary
prosecutors and judges when faced with allegations of abuse.
245.
According to non-governmental sources, Public Security Directorate (PSD)
officials reported that, 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.
However, such declarations have not been made public, nor have they included a
commitment to prosecute perpetrators and to end impunity. According to nongovernmental sources, the General Intelligence Directorate (GID) has issued written and
oral instructions addressed to all personnel to refrain from abusing any detainee
physically, verbally or emotionally, and providing for an increase in penalties for
violations.
246.
Recommendation (c) stated: The crime of torture be defined as a matter of
priority in accordance with article 1 of the Convention against Torture, with
penalties commensurate with the gravity of torture;
247.
According to non-governmental sources, article 208 of the Penal Code,
amended by temporary law No. 49 of 2007, reflects the definition of torture contained in
article 1 CAT, and calls for an increase in the minimum prison sentence of three months
to six months for perpetrators, and alternative and discretionary sentencing has been
restricted, in this regard. Courts have been expressly prohibited from taking into account
mitigating circumstances. Further, they are not permitted to impose suspended sentences.
The text of article 208, as amended:
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