34
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
within the Criminal Investigations Department (CID), to extract confessions in the
course of routine criminal investigations. Given that these two facilities were the ones
most often cited as the two most notorious torture centres in Jordan, on the basis of all
the evidence gathered, the denial of the possibility of assessing these allegations by
means of private interviews with detainees in GID, and taking into account the
deliberate attempts by the officials to obstruct his work, the Special Rapporteur
confirms that the practice of torture is routine in GID and CID... Moreover, in practice
the provisions and safeguards laid out in Jordanian law to combat torture and illtreatment are meaningless because the security services are effectively shielded from
independent criminal prosecution and judicial scrutiny as abuses by officials of those
services are dealt with by special police courts, intelligence courts and military courts,
which lack guarantees of independence and impartiality.”
110. In this context, the Rapporteur also found :
“57. The Special Rapporteur reports that no ex officio investigations are undertaken
even in the face of serious injuries sustained by a criminal suspect; not one official
could demonstrate to the Special Rapporteur serious steps taken to investigate
allegations, including at the very least the prompt and timely medical documentation
of injuries sustained by detainees...
60. Paradoxically, while law enforcement officials maintain that torture allegations
are unheard of within their institutions, the Court of Cassation has overturned a
number of convictions on the grounds that security officials had obtained confessions
from defendants under torture. Regrettably even these findings do not spur any
official investigations into wrongdoings by officials and none of the security officials
involved in these cases have ever been brought to justice.
61. What is more, the decisions and rulings of the Court of Cassation related to
cases where criminal suspects are prosecuted under special courts are at the same time
cited by government officials to defend the system, pointing to the existence of
independent oversight in the form of appeals of special court decisions to the Court.
62. However, with respect to the question of impunity and the prosecution by
special courts of police or intelligence officers for torture or ill-treatment, no
evidence has been produced to indicate examples of where special court acquittals of
police officers have been successfully appealed to the Court of Cassation, if appealed
at all.
63. This leads to the conclusion that impunity is total. The special court system
does not work effectively at all. The absence of a crime of torture in accordance with
article 1 of the Convention against Torture is only part of the problem. At the heart of
it lies a system where the presumption of innocence is illusory, primacy is placed on
obtaining confessions, public officials essentially demonstrate no sense of duty, and
assume no responsibility to investigate human rights violations against suspected
criminals, and the system of internal special courts serves only to shield security
officials from justice. (footnotes omitted)”
111. The Rapporteur recommended the introduction of a series of basic
safeguards for detainees, including better rules governing the admissibility
of confessions. He also recommended the abolition of the State Security
Court.
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