Committee against Torture

Concluding observations on the third periodic report of Jordan *

1.The Committee against Torture considered the third periodic report of Jordan (CAT/C/JOR/3) at its 1374th and 1377th meetings (see CAT/C/SR.1374 and 1377), held on 20 and 23 November 2015, and adopted the present concluding observations at its 1390th meeting, held on 3 December 2015.

A.Introduction

2.The Committee expresses its appreciation to the State party for accepting the simplified reporting procedure and submitting its periodic report based on the procedure, as it improves the cooperation between the State party and the Committee and allows for a more focused dialogue with the delegation.

3.The Committee appreciates the opportunity to engage in a constructive dialogue with the State party’s high-level delegation, and the responses provided to the questions raised during the dialogue.

B.Positive aspects

4.The Committee welcomes the adoption of the following legislative measures taken by the State party in areas of relevance to the Convention:

(a)The Juvenile Act No. 32, in 2014;

(b)The Independence of the Judiciary Act No. 29, in 2014;

(c)The Constitutional Court Act No. 15, in 2012;

(d)The increased penalties introduced in the amendment to the Penal Code, in 2011, for crimes of physical and sexual violence such as rape (art. 292), indecent assault (arts. 296-298), abduction (arts. 302-303) and sexual harassment (arts. 304-307).

5.The Committee notes the amendments to the Jordanian Constitution in 2011, notably to article 8 (2), which prohibits torture and deems that statements obtained by torture or use of harm or threats, invalid.

6.The Committee welcomes the following:

(a)The establishment of the national register of cases of torture in the public prosecution office;

(b)The adoption of the National Strategy to Combat Human Trafficking (2010-2012);

(c)The holding of two international conferences on combatting torture and alternatives to pretrial detention, organized by the Ministry of Justice at the Dead Sea, in 2013 and 2015.

7.The Committee commends the State party for admitting more than 1.2 million refugees and asylum seekers, many of whom are Syrians fleeing the armed conflict in their country.

C.Principal subjects of concern and recommendations

Pending follow-up issues from the previous reporting cycle

8.The Committee notes with regret the State party’s lack of compliance with the follow-up procedure, as well as the incomplete responses provided by the delegation during the dialogue with regard to the Committee’s recommendations in paragraphs 10, 11, 18 and 31 of its previous concluding observations (CAT/C/JOR/CO/2).

Definition of torture

9.While noting the information provided by the delegation about the ongoing legal reform aimed at bringing the State party’s Penal Code into line with the Convention, the Committee remains concerned that the definition of torture in the Penal Code (art. 208) is not in line with articles 1 and 4 of the Convention. In particular, the Committee is concerned that torture is considered a misdemeanour and that punishments are not commensurate with the gravity of the acts and are subject to amnesty as well as to statutes of limitations. The Committee is also concerned that punishment is limited to individuals who order or carry out acts of torture and does not extend to individuals who are otherwise complicit in such acts (arts. 1 and 4).

10. The Committee urges the State party to adopt a definition of torture that covers all the elements contained in article 1 of the Convention and to ensure that torture is considered a crime and the penalties for torture are commensurate with the gravity of the crime, in accordance with article 4 (2) of the Convention, and not subject to amnesty or pardon. The State party should also ensure that the scope of the definition of torture is extended to anyone who commits acts of torture, who attempts to commit torture, or who instigates, consents to or acquiesces to the commission of such acts. In that regard, the Committee draws attention to its general comment No. 2 (2007) on the implementation of article 2 by States parties, in which it states that serious discrepancies between the Convention’s definition and that incorporated into domestic law create actual or potential loopholes for impunity (para. 9). The Committee recommends that the State party take steps to include in its Penal Code a provision on the non-applicability of statutes of limitations to the crime of torture.

Absolute prohibition of torture

11.The Committee is concerned that there is no clear provision in the State party’s legislation to ensure that the prohibition of torture is absolute and non-derogable. While noting that article 61 of the State party’s Penal Code stipulates that a person shall not be held criminally liable while obeying an order issued by a competent authority that must be obeyed by law, unless that order is illegal, the Committee expresses its concern about the lack of information on whether mechanisms or procedures for protecting subordinates from reprisals exist so as to enable subordinates to refuse to obey illegal orders in practice (art. 2).

12. The State party should ensure that the principle of absolute prohibition of torture is incorporated in its legislation and that it is strictly applied, in accordance with article 2 (2) of the Convention. The State party should also ensure that an order from a superior-ranking officer may not be invoked as justification of torture and, to that end, establish a mechanism for the protection of subordinates who refuse to obey such an order, and ensure that all law enforcement officers are informed of the prohibition against obeying unlawful orders and made aware of the protective mechanisms put in place.

Refugees and non-refoulement

13.While appreciating the State party’s efforts to host an exceptional number of refugees fleeing armed conflict in neighbouring countries, the Committee expresses its concern about the living conditions in refugee camps that may amount to ill-treatment. It also notes the delegation’s statement that the principle of non-refoulement is being practically applied, however, it remains concerned at reports of inconsistent border policies. In that regard, the Committee notes with concern the State party’s policy not to admit Palestinian refugees fleeing the conflict in Syria. It also notes several cases of refoulement of such persons to Syria, without the necessary individualized procedures. The Committee is also concerned at reports indicating the State party’s involvement in “extraordinary renditions” in the context of the war against terrorism (arts. 3, 12 and 13).

14. The State party should:

(a) Take effective measures to enhance living conditions in refugee camps;