CAT/C/JOR/CO/3
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
2