OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
33
were not always consistent with fair trial standards. Finally, in respect of
Article 15 of the Convention against Torture, the Committee found:
“While noting the existence of article 159 of the Criminal Procedure Code [the
exclusion of evidence obtained under duress] which does not refer explicitly to
torture, the Committee expressed its concern at reports that the use of forced
confessions as evidence in courts is widespread in the State party.
...
The State party should take the necessary steps to ensure inadmissibility in court of
confessions obtained as a result of torture in all cases in line with the provisions of
article 15 of the Convention. The Committee requests the State party to firmly
prohibit admissibility of evidence obtained as a result of torture in any proceedings,
and provide information on whether any officials have been prosecuted and punished
for extracting such confessions.”
3. The Human Rights Committee
108. The United Nations Human Rights Committee’s concluding
observations of 18 November 2010 also praised Jordan’s reforms, including
the incorporation into domestic law of the ICCPR. However, the Human
Rights Committee’s concerns included: the high number of reported cases
of torture and ill-treatment in detention centres, particularly in GID
facilities; the absence of a genuinely independent complaints mechanism to
deal with cases of alleged torture or ill-treatment by public officials, as well
as the low number of prosecutions of such cases; the denial of prompt
access to a lawyer and independent medical examinations to detainees; and
the fact that NGOs had been denied access to detention facilities.
Accordingly, the Committee recommended the establishment of an effective
and independent mechanism to deal with allegations of torture; proper
investigations and prosecutions; immediate access for detainees to a lawyer
of their choice and an independent medical examination; and the creation of
a system of independent visits to all places of deprivation of liberty.
The Committee also expressed its concern at the limited organisational
and functional independence of the State Security Court and recommended
its abolition.
4. The Special Rapporteur
109. In his report of 5 January 2007 to the Human Rights Council, the
UN Special Rapporteur on Torture, Manfred Nowak, noted inter alia that
the GID had refused to allow him private visits with detainees and
concluded that:
“Many consistent and credible allegations of torture and ill-treatment were brought
to the attention of the Special Rapporteur. In particular, it was alleged that torture was
practised by General Intelligence Directorate (GID) to extract confessions and obtain
intelligence in pursuit of counter-terrorism and national security objectives, and
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