CAT/C/JOR/CO/2
The Committee recalls that no exceptional circumstances whatsoever can be invoked
as a justification for torture and, in accordance with relevant Security Council and
other resolutions, anti-terrorism measures must be implemented with full respect for
international human rights law. To this end, the State party should review the
Prevention of Terrorism Act 2006 and amend it, as necessary, to bring it into
conformity with international human rights standards.
Impunity for crimes committed in the name of honour, and rape
18.
The Committee notes with concern that violence against women, as a form of
discrimination against women, is a deeply rooted problem in Jordan and, as a result, a
culture of impunity towards domestic and gender-based violence has evolved. In this
respect, the Committee expresses its serious concern that crimes, where a family’s
“honour” is thought to be breached, often go unpunished, and when they are punished, the
sentences are far less than for equally violent crimes without this “honour” dimension (arts.
1, 2, 4, 13 and 16).
The Committee calls upon the State party to amend, without delay, applicable
provisions of the Penal Code to ensure that perpetrators of “honour” crimes do not
benefit from a reduction of penalty under article 340; that perpetrators of
premeditated “honour” crimes do not benefit from a reduction of penalty under
article 98; and that article 99 is not applicable to “honour” crimes or other cases
where the victim is related to the perpetrator. The Committee also urges the State
party to ensure that “honour” crimes are treated as seriously as other violent crimes
with regard to investigation and prosecution, and that effective prevention efforts are
put in place.
19.
While noting information provided by the delegation that the State party is currently
reviewing this issue, the Committee is gravely concerned at the practice of allowing
perpetrators of rape to escape prosecution by marrying their victims (art. 308 of the Penal
Code), or allowing families to waive their “right to complain” (arts. 1, 2, 4, 13 and 16).
Recalling that numerous international judicial and quasi-judicial bodies have
established that rape is a form of torture, the Committee calls upon the State party to
withdraw the exculpatory provision in article 308 of the Penal Code and ensure that a
rapist does not escape punishment by marrying his victim.
Domestic violence
20.
Notwithstanding the adoption, in January 2009, of the new Protection from Family
Violence Act, the Committee is concerned that the law fails to explicitly criminalize
domestic violence or provide adequately for the prosecution of those who perpetrate it.
According to the replies to the list of issues, the question of criminalization is left to the
Penal Code. The Committee is also concerned that the new Law has a limited scope as it
specifies as a condition that the perpetrator lives with the victim in the family home. The
Committee further expresses its concern at the lack of data, including statistics on
complaints, prosecutions and sentences related to domestic violence (arts. 1, 2, 4, 12 and
16).
The State party should strengthen its efforts to prevent and combat violence against
women and children, to ensure prompt, impartial and effective investigations of such
acts and to prosecute and punish perpetrators. The State party is encouraged to
participate directly in rehabilitation and legal assistance programmes and to conduct
broader awareness-raising campaigns for officials (judges, law officers, law
enforcement agents and welfare workers) who are in direct contact with the victims.
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