CAT/C/JOR/CO/2
The State party should formulate and adopt domestic legislation guaranteeing the
rights of refugees and asylum-seeking persons. The State party should also formulate
and adopt a legal provision to implement article 3 of the Convention into its domestic
law. Under no circumstances should the State party expel, return or extradite a
person to a State where there are substantial grounds for believing that he or she
would be in danger of being subjected to torture or ill-treatment. Furthermore, the
State party should establish an independent investigation to review and follow up on
allegations of its involvement in “extraordinary renditions” and inform the
Committee of the outcome of such investigation.
Withdrawal of nationality
24.
While acknowledging that more than 200,000 Palestinian refugees have been
granted Jordanian citizenship, the Committee expresses its concern at the reported
withdrawal of nationality from more than 2,700 Jordanians of Palestinian origin.
Notwithstanding the explanation provided by the delegation and its statement that such
allegations are a gross distortion of facts and numbers, the Committee notes with concern
that such withdrawal is conducted in an arbitrary and random manner, with no clear basis in
law, thereby denying such persons basic citizenship rights and putting them at risk of
expulsion without the guarantees pursuant to article 3 of the Convention (arts. 3 and 16).
The Committee calls upon the State party to put an end to its arbitrary withdrawal of
nationality from Jordanians of Palestinian origin.
Human rights defenders
25.
The Committee notes with concern reports of threats against and harassment and
intimidation of persons monitoring human rights in the State party and is concerned that
this may hinder the operation and activities of civil-society monitoring groups and thus
their capacity to function effectively (arts. 2, 12 and 16).
The State party should take all necessary steps to ensure that all persons, including
those monitoring human rights, are protected from any intimidation or violence as a
result of their activities and exercise of human rights guarantees, to ensure the
prompt, impartial and effective investigation of such acts, and to prosecute and punish
perpetrators.
Children in detention
26.
The Committee welcomes the efforts made by the State party to reform its juvenile
justice system. However, the Committee notes with concern that, despite the information
provided that the provisions of the Juvenile Act are being amended to raise the age of
criminal responsibility to 12 years, the minimum age of criminal responsibility (7 years)
remains below international standards, and there is a lack of alternatives to imprisonment.
Furthermore, the Committee notes with concern that a juvenile who commits a crime with
an adult is tried before the court competent to hear the charges against the adult (arts. 2, 11
and 16).
The State party should, as a matter of urgency, raise the minimum age of criminal
responsibility in order to bring it into line with generally accepted international
standards. The State party should also take all necessary measures to develop and
implement a comprehensive system of alternative measures to ensure that deprivation
of liberty of juveniles is used only as a measure of last resort, for the shortest possible
time and in appropriate conditions. Furthermore, the State party should ensure that
juveniles are tried before juvenile courts.
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