A/HRC/13/39/Add.5 engage in awareness-raising and capacity building activities for the judiciary and law enforcement officials and to establish shelters for victims of domestic violence. 207. The most extreme form of violence against women in the domestic sphere I encountered was in Jordan, where females were taken under “protective” detention because they were at risk of becoming victims of an honour crime. Some of the women I met had been deprived of their liberty for as long as 14 years, which I qualified to constitute inhuman and highly discriminatory treatment. A woman I spoke to in the Juweidah Women’s Correction and Rehabilitation Centre in Amman had been detained since 1996, when she was 22. She told me that she had been raped by her brother and nephew. Unaware that she had become pregnant as a result, she went to the doctor, who alerted the police since she was unmarried. Her nephew eventually received seven years’ imprisonment and she received three-and-a-half for unlawful sex. Even after serving her time, the Governor, on the basis of the 1954 Crime Prevention Law, insisted that she remain in the facility for her own protection until she obtained a sponsor, or got married. She accounted that she had considered suicide because she was not permitted to leave. In the official reply, the Government informed that with respect to women held in protective custody, the aim was to protect these women’s lives, since they face death threats from their families.153 208. This way of dealing with the matter of violence against women by a State is clearly ill-conceived and constitutes a further violation of the rights of women, who have already been faced with severe ill-treatment often amounting to torture from the side of their own families. D. 1. Corporal punishment Introduction: The different facets of corporal punishment 209. The issue of corporal punishment is an integral part of the mandate of the Special Rapporteur on Torture, as was concisely clarified one of by my predecessors, Sir Nigel Rodley.154 During my fact finding mission I encountered different types of corporal punishment. In a number of States, corporal punishment is still permitted as judicial sentence in criminal law or as a disciplinary sanction against detainees, in schools or in the military. In other countries, corporal punishment is neither explicitly authorised nor prohibited by law which usually means that it is widely applied in practice. But even in countries explicitly prohibiting corporal punishment in detention facilities, the military, police, schools, and in the domestic sphere, the implementation of these laws often leaves much to be desired. What is common to all these forms of corporal punishment, however, is that physical force is used intentionally against a person in order to cause a considerable level of pain. Furthermore, without exception, corporal punishment has a degrading and humiliating component. All forms of corporal punishment must therefore, be considered as amounting to cruel, inhuman or degrading punishment in violation of international treaty and customary law. 210. I will particularly focus on corporal punishment that in certain countries is still considered to be legal and is used as a form of judicial sanction in criminal procedure. I will also give account of the humiliation and suffering that many detainees I met during my fact-finding missions had to endure because the administration of detention facilities considered it lawful and necessary to chastise them, often for minor infractions. 153 154 56 A/HRC/4/33/Add.3, Appendix, para. 40. E/CN.4/1997/7, paras. 3–11.

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