OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
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B. Other reports
1. Amnesty International
112. Amnesty International has produced a number of reports on the
treatment of detainees in Jordan. Its most extensive report was published in
July 2006, Amnesty International published its report entitled “Jordan:
‘Your confessions are ready for you to sign’: detention and torture of
political suspects”. The report criticised Jordan for maintaining a system of
incommunicado detention which facilitated torture, particularly under the
auspices of the GID, where torture was systemic and practised with
impunity. The scope for abuse by the GID was far greater because GID
officers were granted the authority of public prosecutors (and thus judicial
power), allowing the GID itself to prolong periods of detention for the
purposes of interrogation. It was a virtually impossible task for a detainee to
prove he had been tortured by the GID when it was the detainee’s word
against that of GID officers. The report considered that the introduction of
monitoring by the NCHR and the ICRC were positive if qualified steps and
both organisations had been prevented from meeting all detainees in GID
custody.
113. Although the 2001 amendments to Article 66 of the Code of
Criminal Procedure had allowed detainees access to their lawyers, even
when in incommunicado detention, in apparent contravention of these
provisions, the general practice in state security cases was for detainees to
be held in prolonged pre-trial incommunicado detention. There were also
apparent contraventions of the right to have a lawyer present during
examinations before the Public Prosecutor. The State Security Court had
been “largely supine” in the face of torture allegations, failing properly to
investigate allegations. Trials before it were frequently unfair; it was prone
to convict defendants on the basis of confessions alleged to be extracted by
torture. The report noted that, over the previous ten years, one hundred
defendants had alleged before the State Security Court that they had been
tortured into making confessions; allegations had been made in fourteen
such cases in 2005, yet the State Security Court had failed adequately to
investigate the claims. Appeal to the Court of Cassation had not been an
adequate safeguard.
114. The report described nine case studies of confessions extracted by
torture by the GID in state security cases, including that of the millennium
conspiracy trial. The report recorded that at least four of the defendants,
including Abu Hawsher, had been tortured during GID interrogation, their
bodies reportedly showing marks of torture when relatives and lawyers saw
them for the first time. Witnesses testified that, in the course of a
reconstruction at the crimes scenes, they had seen one defendant, Mr Sa’ed
Hijazi, propped up by two guards apparently unable to stand on his own. In
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