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. 7

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