Experts of the Committee against Torture Welcome Jordan’s Efforts to Prevent Violence against Women and Girls, Raise Questions on Treatment of Journalists and “Blood Money” Cases

The Committee against Torture today concluded its consideration of the fourth periodic report of Jordan. Committee Experts welcomed the State's efforts to improve the situation of violence prevention for women and girls, while raising questions on the treatment of journalists and the use of "blood money" as compensation for victims of torture and their families.

A Committee Expert said the Committee was aware of efforts to improve the situation of violence prevention. The Committee welcomed Jordan's efforts to sanction perpetrators of crimes against women and girls, but questions regarding investigations of gender-based and domestic violence cases remained.

Claude Heller, Committee Chairperson and Rapporteur, asked about cases of detention of journalists and the destruction of equipment during the parliamentary elections of 2015. The Committee had information about numerous journalists detained in 2022 and 2023, and numerous lawyers who were victims of spying on their phones using Pegasus software. The State specified that no journalist or media professional would be detained except by virtue of a court order. How many cases fell under that assumption? Could any examples be provided?

Erdogan Iscan, Committee Vice Chairperson, on behalf of Bakhtiyar Tuzmukhamedov, Committee Expert and Co-Rapporteur, said that under Jordan's Constitution, the Sharia courts had exclusive competence to decide on "blood money" cases. Did this imply that a perpetrator of torture could escape punishment by paying off a victim of torture or a victim's family?

The delegation said the State party was keen to promote freedom of expression and the protection of journalists through policies. Regular instructions were issued on not harming journalists, and laws like the media law ensured their protection. This had resulted in attacks on journalists being decreased. Relevant legislation had been improved to empower relevant officers to carry out their essential work in maintaining democracy, in line with freedom of expression and the media.

The delegation also said "blood money" could be provided to compensate for torture. If victims accepted such compensation, this had no consequences on the crime. The State never allowed for impunity to take place. Only judges could authorise the provision of blood money. The issuance of a decision to apply blood money did not prevent punishment or alleviate penal responsibility.

Introducing the report, Saja Majali, Director of the Human Rights Directorate, Ministry of Foreign Affairs and Expatriates of Jordan and head of the delegation, said Jordan's Constitution prohibited torture and decreed that all perpetrators should be punished. Arrest and detention places were subjected to administrative and judicial oversight. There were also regular, periodic and unannounced visits conducted by the National Human Rights Centre and the International Committee of the Red Cross.

The number of Syrian refugees had reached more than 1.3 million, Ms. Majali said, and their presence on Jordanian soil was a great burden, particularly due to the decline in international support. Unless the international community and the United Nations bodies shouldered their responsibilities, Jordan would be unable to continue to carry out its obligations.

In closing remarks, Claude Heller, Committee Chairperson, thanked the delegation of Jordan for its constructive spirit during the valuable exchange, which would help the Committee develop useful recommendations for the State.

In her closing remarks, Ms. Majali thanked the Committee for its endeavour to promote the Convention and efforts to eliminate torture worldwide. Despite challenges, the State party continued to work towards reforming and modernising Jordan's political system to respect and honour international obligations and to promote human rights.

The delegation of Jordan consisted of representatives from the Ministry of Foreign Affairs and Expatriates; the Ministry of Justice; the Ministry of Interior; the Prime Ministry; the Judicial Council; the Supreme Court; the Public Security Directorate; and the Permanent Mission of Jordan to the United Nations Office at Geneva.

The Committee will issue concluding observations on the report of Jordan at the end of its eighty-first session on 22 November. Those and other documents relating to the Committee's work, including reports submitted by States parties, will be available on the session's webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.

The Committee will next meet in public on Tuesday, 12 November at 10 a.m. to begin its consideration of the third periodic report of Mongolia (CAT/C/MNG/3).

Report

The Committee has before it the fourth periodic report of Jordan (CAT/C/JOR/4).

Presentation of Report

SAJA MAJALI, Director of the Human Rights Directorate, Ministry of Foreign Affairs and Expatriates of Jordan and head of the delegation, said Jordan highly valued the work of the Committee and would continue to support it. Jordan had acceded to the Convention in 1991 and developed the legislative apparatus to ensure the implementation of the law by importing the rule of law and ensuring law enforcement. The country had made long strides in implementing national plans to reinforce the rule of law and improve the capacities of the criminal justice system. Modern concepts of criminal justice had been adopted to rehabilitate perpetrators. Jordan was ranked second among the countries within the Middle East and Africa region regarding criminal justice. Additional financial resources had been allocated to the Human Rights Centre.

Jordan's Constitution prohibited torture and decreed that all perpetrators should be punished. Any statement obtained under torture was not to be taken into account. The minimum punishment for torture was imprisonment for one year, but this could be increased to up to 20 years imprisonment with hard labour if the result of the torture was severe injury.

The amended legal assistance law of 2022 expanded the level of provision of legal assistance. Measures had been taken to limit the number of detainees with a deprivation of liberty sentence, and a law had been passed in this regard in 2022. This law had led to the number of rulings of alternative punishment to reach over 4,193 sentences. Training programmes had been implemented to build capacities of law enforcement. Specialised workshops had been held regarding investigations of crimes of torture. Rules had been developed on inspections at rehabilitation and inspection centres.

Arrest and detention places were subjected to administrative and judicial oversight. There were also regular, periodic and unannounced visits conducted by the National Human Rights Centre and the International Committee of the Red Cross. Alternatives were provided for pretrial detention. Signs had been developed at detention centres, illustrating the rights and duties of detainees during their detention period. However, challenges remained, including overcrowding in prisons, which would be addressed in line with the State's capabilities.

Women's rights and the empowerment of women were a priority of the State. The Constitution was amended to ensure non-discrimination between men and women. Various legislation had been amended to combat violence against women. Strategies and plans were being launched, including the social development law of 2024. An automated system was developed in 2023 to deal with cases of violence. A national framework had been developed to protect women against violence. The national strategy of juvenile justice contained programmes to rehabilitate delinquent juveniles to prevent repetition of crime and eliminate the use of narcotics and child abuse.

The law on persons with disabilities 2017 contained new provisions which rendered disability an extreme circumstance when it came to crimes of physical, psychological and sexual abuse. The new national strategy to combat human trafficking 2024-2027 contained more severe punishments for the perpetrators of human trafficking. A fund was established to support victims and provide services and other forms of protection to those negatively affected by human trafficking crimes. A memorandum of understanding had been signed with the Jordanian Bar Association to provide counselling and legal aid to victims of human trafficking free of charge.

The number of Syrian refugees had reached more than 1.3 million, and their presence on Jordanian soil was a great burden, particularly due to the decline in international support. The Government had adopted a methodology which combined the efforts for Syrian refugees and their host communities. It contained several plans and projects in the fields of education, labour, housing, water, transportation, social protection and decent living. There was a need to intensify efforts to find political solutions, including for the Syrian crisis, and to put an end to the suffering it caused for the Syrian people and the security of the region.

Jordan had always played a major humanitarian role in hosting refugees and providing them with decent living. However, the current levels of refugees had exceeded Jordan's capacities. Unless the international community and the United Nations bodies shouldered their responsibilities, Jordan would be unable to continue to carry out its obligations. It was not acceptable for support from the international community to decline, and for host countries to shoulder the burden on their own. Efforts needed to be identified to provide the requirements of decent return to Syria, as well as early recovery projects to enable voluntary return. Despite challenges, Jordan was working to meet all its obligations and looked forward to the dialogue with the Committee.

Questions by Committee Experts

CLAUDE HELLER, Committee Chairperson and Rapporteur, said in 2018, the Criminal Code was amended to increase the minimum sentence for the crime of torture (between 1 and 3 years instead of 3 months and 3 years). The Committee was concerned that these penalties were insufficient given the seriousness of the offence. The Committee had recommended in the past that acts of torture be considered as a serious or criminal offence, rather than a misdemeanour, and recommended increasing the maximum sentence to three years, in accordance with the Convention. Article 208 of the Criminal Code increased the penalties in proportion to the possible acts constituting the crime of torture committed by law enforcement officials, specifying that mitigating circumstances would not be admitted. While this was a positive step, the legislation did not explicitly guarantee the non-derogable prohibition of torture. Had any legislative progress been made in regard to amending the Criminal Code to align the definition of torture with the Convention and criminalise the crime so that it carried the appropriate sanction?

According to some reports, fundamental legal safeguards were not guaranteed at the time of deprivation of liberty, despite being included in legislation. Cases presented by a non-governmental organization showed that suspects were held by the police for days before being presented before a judicial authority. Was the Directorate of Public Security qualified to carry out a state of health diagnosis of detainees? The Public Prosecutor could interrogate the investigated person in the absence of a lawyer in case of an emergency. Could this provision be explained. Who decided on an emergency situation? How was the absence of a lawyer justified? The Committee believed all detainees had the right to access to a lawyer from the moment of their arrest, the right to notify a family member, and the right to be brought promptly before a judge.

Since 2020, the Government had established a ministerial committee to examine the amendment of the articles of the crime prevention law relating to administrative detention. What was the outcome of the work of the committee? Local governors continued to apply the Crime Prevention Act of 1954 and to administratively detain anyone "deemed a danger to society", without bringing charges against them or complying with due process of law. What was meant by "a danger to society"?

Governors also had the power to impose restrictions on persons' freedom, in contradiction to the Constitution, without the legality of the measure being reviewed by an independent judicial authority and without the affected person having a remedy to appeal the decision. This affected refugees or asylum seekers who, if deported or expelled, risked being subjected to acts of torture in their countries of origin. How could the State tackle this issue to ensure arbitrary decisions were not taken which would have negative consequences for this category of persons?

During the Universal Periodic Review in 2024, it was reported that there were 19,000 prisoners detained in 18 prison facilities set up for 13,300 people in deplorable conditions, and that from January to September 2022, nearly 29,000 people in administrative detention had not been put on trial.

The increase in unemployment and the cost of living had significantly affected the population's access to essential goods and services, leading to hundreds of thousands of people falling into debt and at least 158,000 persons were at risk of imprisonment. It was recommended during the Universal Periodic Review that Jordan reconsider the classification of crimes and penalties, ending imprisonment for debt, and reducing the number of persons under administrative detention.

In 2022, the Criminal Procedure was amended to strengthen the use of alternative sanctions to deprivation of liberty, including electronic monitoring, community services, community monitoring, and restraining orders. This was a positive step; what had been the impact of this change? The Committee had received concerning reports that administrative detention was used against political dissidents, activists, journalists and others participating in anti-government protests, including the arrest of 150 activities in March 2023. Could Jordan comment on this?

The National Centre for Human Rights could make visits to correctional and rehabilitation centres, pretrial detention centres, and centres for the care of young people in conflict with the law, as well as to other public or private establishments that were or had been the scene of human rights violations. The Memorandum of Understanding with the Directorate of Public Security for periodic inspection visits was striking. Was it equivalent to the figure of an Ombudsman? What was the role of the Office of Transparency and Human Rights that followed up and investigated all complaints from the National Centre for Human Rights?

Reports had been made of alleged acts of torture and ill treatment by law enforcement and security forces. What had been the result of investigations since 2019? Had those responsible been held to account? The Prevention of Terrorism Act was a preventive law that aimed to prevent the financing of terrorism and the recruitment of terrorists. The law had been criticised for opening doors to abusers, as there was a broad interpretation. Could Jordan comment on the number of cases of persons prosecuted for terrorism, as well as the sentences issued?

The Committee was aware that Jordan had been impacted by waves of massive refugee flows linked to instability in the Middle East and conflicts in Syria, Iraq and Somalia. Despite the pressures of the geopolitical context, Jordan had been an example of promoting a favourable context for international protection and had defended respect for the principle of non-refoulement.

At the beginning of October this year, there were 688,924 refugees recognised by the United Nations High Commissioner for Refugees, with 621,182 being Syrians, of whom 127,192 lived in refugee camps. Jordan hosted refugees of some 57 nationalities representing 31 per cent of the population, which placed them second place worldwide in terms of the number of refugees received, as a percentage of inhabitants. Attention was drawn to the fact that the State did not intend to pass a comprehensive law on asylum or to ratify the 1951 Convention relating to the Status of Refugees. Would the State maintain this position, or would it consider ratifying the Convention? According to the State, returns were very limited and were conducted for matters pertaining to national security. Could information be provided on the number of returns and refoulement which had taken place during the period under consideration?

Attention was drawn to the Resolution of the Council of Ministers which dissolved administrative and legal ties with the West Bank, with the goal to help the people of the West Bank preserve their Palestinian identity. How many people were affected by this policy? At the Universal Periodic Review, the United Nations High Commissioner for Refugees recommended that work permits be extended for refugees of all nationalities, and not just Syrian refugees, without forcing them to renounce or abandon their claims for international protection or asylum, to qualify as migrant workers. It was recommended that decisions on deportation be subject to an independent judicial review process, allowing individuals to challenge a deportation before an impartial court.

According to Amnesty International, in May 2023, security agents at Amman airport arrested a Turkish citizen who was also a national of the United Arab Emirates, Khalaf al Romaithi, who was released on bail and allowed to enter Jordan but was arrested again and extradited to the United Arab Emirates in secret, in violation of an order of a Jordanian court. He had been in exile in Türkiye for a decade after being sentenced in absentia in the United Arab Emirates to 15 years in prison. Could additional comments on this case be provided?

The Committee had asked the State to provide responses in the list of issues on measures taken to place all units of the State security services, in particular the General Directorate of Intelligence, under civilian authority and supervision, and to amend the legislation to confer jurisdiction over cases of torture to the ordinary civilian courts. Jordan was also asked to provide statistics in this regard. The State had responded by stating that the Directorate answered directly to the Prime Minister and was subject to judicial oversight.

It should be noted that the General Directorate of Intelligence had the function of investigating threats to national security, which fell under the jurisdiction of the State Security Court. Numerous non-governmental organizations had indicated that there had been acts of torture against detainees, which had been used to extract confessions to be used in trials before the State Security Court. According to Human Rights Watch, between 2018 and 2021, 10 activists were arrested by members of the Directorate and the preventive security branch of the Public Security Directorate. Three of them remained in solitary confinement. Could any information on these reports be provided?

The Committee was also concerned that the State did not intend to ratify the Optional Protocol to the Convention. Could the State provide a response on the cases of detention of journalists and the destruction of equipment during the parliamentary elections of 2015. The Committee had information about numerous journalists detained in 2022 and 2023, and numerous lawyers who were the victim of spying on their phones through the Pegasus programme. The State specified that no journalist or media professional would be detained except by virtue of a court order. How many cases fell under that assumption? Could any examples be provided?

The Committee was concerned about the adoption of the Cybercrime Act in August 2023 that could criminalise online activities of individuals and organizations, and contained vague definitions of crimes. Applying this legislation, the authorities had investigated or prosecuted at least 43 people for expressing themselves online, including nine who were activists and one who was a journalist. There had been several accusations of undermining the regime, with penalties of up to 20 years in prison, for trying to publicly criticise the King's annual speech. Could the delegation provide a clear oversight of this situation?

Mr. Heller said the Committee was aware that the State party had limited financial resources to meet the main challenges posed by the burden associated with asylum and the pressure on the Kingdom's infrastructure, as it was hosting such a large number of refugees. Strengthening institutional capacities was a necessity to guarantee the rights of the most vulnerable groups. To this end, it was necessary to have a database that included more precise statistics and the analysis of human rights issues. The Committee also recognised the enormous impact that the evolution of the complex geopolitical environment of wars and conflicts, including the Palestinian issue, had on the country.

ERDOGAN ISCAN, Committee Vice Chairperson, reading questions on behalf of BAKHTIYAR TUZMUKHAMEDOV, Committee Expert and Co-Rapporteur, expressed appreciation of the efforts invested by the State party in the preparation of the fourth periodic report shaped around the list of issues proposed by this Committee.

The Committee would appreciate an update on the current status of activities of the ministerial committee, which was established to amend provisions in the Crime Prevention Act relating to administrative detention. Was it still at the initial stage, or had it moved on to substantive drafting process? Could more information be provided about the national human rights plan?

Another matter of concern was the deficiency of the labour law and the residency and foreigners affairs law, which did not properly address the needs of individuals with refugee or asylum status. Sources had expressed doubts that the Memorandum of Understanding concluded between the Government and the United Nations High Commissioner for Refugees was an adequate substitute for an international treaty. Would a regional international treaty take precedence over a universal instrument with a domestic law prevailing over both? Would the Convention against Torture prevail over a domestic law or regional treaty, including when addressing non-refoulement? Interlocutors from civil society expressed concerns that the restrictive interpretation of political offences found in the Arab Counter-Terrorism Convention and the Riyadh Convention allowed for transnational repression through the extradition of individuals on political grounds. Could the delegation comment on this?

The Constitution was not clear on the matter of precedence in cases of a conflict between a domestic law and an international treaty. Would the jurisprudence of the Constitutional Court offer any guidance? Had the Constitutional Court or any other Jordanian court ever cited the Convention, and if they had, what were the specific cases and outcomes? What were the powers of the Constitutional Court with respect to recognition and interpretation of the international obligations of Jordan? Were judges properly equipped with knowledge, expertise and staff to look into these matters? Who were the judges, how were candidates selected, and what was the appointment process? What educational background did they need to qualify for the judicial position, and what mid-career training did they receive?

In 2017 Mr. Omar al-Bashir, then President of Sudan, appeared at the Summit of the League of Arab States hosted by Jordan, despite two warrants for his arrest issued by the International Criminal Court. Mr. al-Bashir was not arrested and was allowed to leave Jordan as a free man. What were the reasons for Jordan's noncompliance with the arrest warrant which, incidentally, had the political weight of the Security Council behind it, unlike other warrants issued by the International Criminal Court? What were the reasons for Jordan's non-participation in two of the core universal human rights treaties and most of the optional protocols, including the Optional Protocol to the Convention? Jordan seemed to be reluctant to accept the review of individual communications, as well as interstate and inquiry procedures. Could the delegation comment on this?

The Constitution of Jordan did not make Sharia the main source of law, however, there were multiple references to Sharia courts and their jurisdiction. Under the Constitution, the Sharia courts had exclusive competence to decide on "blood money" cases. Did this imply that a perpetrator of torture could escape punishment by paying off a victim of torture or a victim's family? How did the Convention against Torture fit into this constitutional structure? What was the balance between international law and Islam within the constitutional system? What authority decided on the compatibility of norms of the Convention and international treaties with the dictates of Islam?

Could cases of revocation of citizenship and appeals against administrative decisions and their outcomes be discussed? What were the reasons for Jordan not being a party to the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness?

The Penal Code of Jordan contained multiple articles which prescribed the death penalty. Quite often it was mandatory, leaving a judge no choice but to hand down the death sentence. Were capital offenses confined to the Penal Code, or were there other laws that defined offenses punishable by death, thus increasing the number of capital offenses? What was the total number of capital offenses under current Jordanian legislation? What was the breakdown of the capital offenses and crimes against the Government and State security, including terrorism-related crimes?

How often did courts in Jordan hand down death sentences, and for what crimes? How many sentences were commuted on appeal, and if the appeal was lost, how long was a convicted person likely to stay on death row? How many appeals were filed, granted and rejected? Were relatives of a condemned person properly notified about the time and location of the execution and were they allowed to dispose of the remains in the manner they deemed befitting? How many times had an appeal for clemency been granted? How many sentences were carried out during the reporting period? Could the delegation describe the general attitude in the Jordanian society towards the ultimate punishment? Would Jordan support the moratorium on the death penalty resolution when it was brought before the General Assembly later this year?

Could information be provided on educational programmes developed by the State party to ensure that all law enforcement officials, prison staff and border security service were fully acquainted with the provisions of the Convention? Were they made aware that breaches would not be tolerated and that any offenders would be prosecuted? Had Jordan developed any methodology to assess the effectiveness of training and educational programmes in reducing the number of cases of torture and ill treatment?

Could the delegation provide information on the training programmes for judges, prosecutors, forensic doctors and medical personnel dealing with detained persons, on detecting and documenting the physical and psychological effects of torture? Did these programmes provide for specific training on the Istanbul Protocol? What was being done to make personnel for United Nations peace operations aware of the Convention? What measures were taken to guarantee their accountability, including for the acts of torture?

A Committee Expert said the Committee was aware of efforts to improve the situation of violence prevention. The Committee welcomed Jordan's efforts to sanction perpetrators of crimes against women and girls, but questions regarding investigations of gender-based and domestic violence cases remained. Could numbers be provided of the criminal cases which had been sentenced and on domestic violence incidents? Could an update be provided on access to medical care? What efforts had been made to fight against gender stereotypes which caused violence against women and girls?

Could Government efforts to combat human trafficking be provided? What concrete measures had been implemented to improve the situation of victims, especially those coming from East Asia, Egypt and Syria? Could more information be provided about the functioning of the justice system for children? What efforts had been made to prevent juvenile delinquency? How were children at risk protected?

Another Expert said it had been reported to the Committee that juveniles detained on terrorism charges did not have access to legal aid and were not independently monitored. Could the delegation comment on this? How many wanted persons had been extradited over the past three years from Jordan? How did the red notice mechanism ensure that people had access to legal safeguards when they were detained? Did they have access to a lawyer? Could they contest the illegality of the detention?

An Expert asked if legal and financial support would be provided to the inter-ministerial committee to reinforce the work with United Nations bodies?

Responses by the Delegation

The delegation said torture was defined as an act designed to coerce a confession, to punish someone for an act they committed, or to intimidate someone. This definition was fully in line with the definition within the Convention. The minimum penalty had been increased to one year in the case of a misdemeanour, and penalties were awarded of between three and 20 years. The penalty could be up to 20 years if the torture had led to a severe injury or illness.

Pretrial detention would initially be seven days and could be extended for up to a month. If there was no justification for arrest or detention, it would be dispensed. In 2023, over 4,000 decisions had been handed down by judges for alternative sentences to deprivation of liberty. This had contributed to alleviating overcrowding in prisons and limiting the spread of the COVID-19 virus.

Jordan had adopted the 2021 law on trafficking in persons. The State was one of the first countries to adopt such a raft of legislation. If witnesses under 18 were involved, special measures were taken to protect them. There was a training programme for the Office of the Public Prosecutor and the judiciary. Legal texts provided guarantees tailored to ensuring victims were protected from pressure. A shelter had been established for victims of trafficking in 2018, which was renovated in 2020. A guidance system was launched in 2022 which made it possible to detect victims from the beginning. This was done by asking several questions, including to children begging in the street. If victims decided to return home, Jordan provided appropriate documents and paid for their flight tickets, as well as their board and lodgings until the end of their court case.

"Blood money" could be provided to compensate for torture. If victims accepted such compensation, this had no consequences on the crime. The State never allowed for impunity to take place. Only judges could authorise the provision of blood money.

Since 2021, there had been no withdrawal or stripping of nationality. All detentions were conducted pursuant to arrest warrants. Once a person was detained by the Directorate, they were examined by a medical doctor and every detainee had the right to ask to be examined by a doctor. A psychiatrist was available to provide treatment as needed. The relatives of the detained person were informed as soon as possible. If the person detained was an alien, their embassy was informed of their detention.

The Intelligence Department worked following legal provisions and was designed to preserve the safety and security of the State. Regarding the United Arab Emirates national who arrived in Jordan from Türkiye, he had used a Turkish passport to reach Jordan. Thanks to Interpol's notice, this person was detained and extradited to the United Arab Emirates.

Responses by the Delegation

The delegation said Jordan had investigated cases of torture independently and transparently. The independent investigation bureau was comprised of judges who were able to conduct investigations into cases of torture. A special email address had been set up to receive complaints. At the end of the visits of the Office of Transparency and Human Rights, the Public Prosecutor conducted immediate investigations if the Office identified evidence of torture. Investigations could be started if inmates alleged that they had suffered from torture. The crime of torture was assessed by a special court set up under law, which was completely in line with international standards. The public security appeal court allowed for an appeals process for rulings by the public court.

Law enforcement officials did not enjoy any immunity against legal prosecution, including in cases of torture. If an official committed a crime, according to the law, they were tried and penalised under the law. Law enforcement officials could not invoke superior orders to avoid persecution. The law criminalised torture completely, without any exemption. Statements of detainees needed to be taken at the time of arrest and sent within 24 hours to the Public Prosecutor. There was nothing prohibiting detainees from being appointed a lawyer at their time of arrest. A Memorandum of Understanding had been signed with the Bar Association, which facilitated access of lawyers to meet detainees and provide legal assistance as soon as possible. A guide entitled "Code of Conduct Regulating Inspections and Arrests of Persons" had been distributed across the country. It enabled detainees to contact their families and notify them of their whereabouts. No person was put in detention temporary or correction centres unless there was a medical report completed detailing their medical situation.

The Public Security Directorate conducted training programmes on human rights, in conjunction with civil society and international organizations. The Directorate had established training centres to provide training on a variety of topics. Participants received a diploma after completing 100 hours of training. More than 400 trainings were conducted in 2023, up from around 200 in 2020, showing an increasing trend in human rights trainings across the country. The correctional and rehabilitation centres received oversight visits from the International Committee of the Red Cross and other bodies.

National efforts had played a major role in preventing cases of torture. The activities of the Public Prosecutor, including visits to detention centres, had contributed to improving the circumstances of people in these centres. These periodic visits led to the mitigation and reduction of cases of torture. During the visits, if it was established that a person was subjected to torture, action was taken through listening to the witnesses, inspecting the premises, identifying injuries and issuing an arrest warrant immediately, if necessary. Confessions alone were not sufficient to lay charges. Even a judicial confession had to be complimented by supporting evidence. If a confession was gathered coercively, it was never taken into consideration.

A court case could be considered urgent if the effects of the crime would spread if hearing of the case was delayed. In such cases, the judge could rule for prompt investigations in the absence of a lawyer. Investigations could not take place in the absence of the lawyer for cases with a minimum sentence of 10 years. The legal aid system had been expanded for crimes being investigated before a court, and in cases where the defendant was financially unable to hire a lawyer.

Once judges had been appointed, there were two components to their training. Initially, prior to appointment, judges underwent a programme which led to a diploma. There was a human rights module within this training, which covered the topic of torture. Working judges also undertook continual vocational training, including on criminal justice. Over 100 training programmes were given to more than 800 judges in 2023, covering topics including juvenile justice, legal aid, trafficking in persons and the crime of torture, among others. New technologies had been introduced to protect witnesses and victims, particularly in cases involving children. Witnesses underwent a psychological assessment to ensure they were fit to testify, particularly in cases of sexual violence. The law on conjugal violence covered all the needs for those who required protection from this crime.

The Jordanian legislator abided by international standards and the Convention on the Rights of the Child and had given prominence to the best interests of the child. Special officers had been trained to deal with children. Regarding cases involving children, if a child had no lawyer, a lawyer needed to be appointed. If the family could not appoint a lawyer, one would be appointed by the court and paid for by the State. A child would never be interviewed without a lawyer being present. Children were judged by a children's court. If an adolescent had committed a crime, there needed to be alternative sentences; juveniles could not be incarcerated. This could entail court supervision or work in the community.

Early intervention mechanisms had been set up to protect migrant workers from some practices. Civil society was very active in this field and their comments were taken into account. The relevant law on migrant work included the word "sponsorship" which referred to a contract regulating the relationship between employers and employees. Non-Jordanian workers did not need permission to be released from their employers. A legal article had been amended to allow workers to leave an employer without notice.

The legislator aimed to limit crimes which received the death penalty to the most serious of crimes. Executions were conducted following fair trials and in line with human rights standards. The death penalty was implemented in the presence of the Public Prosecutor, a doctor, the director of the prison and a religious person. The body was buried after it was handed over to the family. If the person did not have a family, then the director of the prison buried the body. Since 2017, no death penalties had been carried out.

The most recent constitutional amendments underscored the need to empower and protect women. An independent committee oversaw all issues relating to women. National frameworks set out goals for women's empowerment and the protection of women against violence. Care centres had been established for women under threat, providing psychosocial support, meetings with beneficiaries and training for handicrafts and skills, enabling women to have access to the labour market. A response plan to the Syrian crisis had been developed, which focused on protecting women against violence.

The Government supported the efforts of the National Centre for Human Rights and ensured its independence, in line with the Paris Principles. Its resources had been increased for the fiscal year 2022/2023. The Centre published an annual report which was presented to the King and the three other powers in the country. The Prime Minister issued a circular to all State bodies to implement the report and its recommendations. The Centre was mandated to visit detention centres and other places where human rights violations could take place, to provide oversight and issue recommendations. The Centre had been allowed to conduct snap visits to arrest centres since 2017. In all these visits, detainees were met with separately, and their conditions were investigated, as well as if they had any complaints. A legal amendment had been introduced which allowed the Prosecution to have immunity when conducting work on behalf of the Centre.

The State party was keen to promote freedom of expression and the protection of journalists through policies. Regular instructions were issued on not harming journalists, and laws like the media law ensured their protection. This had resulted in attacks on journalists being decreased. Designated areas were provided for journalists during demonstrations, and they had their own uniforms which enabled them to stand out from others. They could only be arrested with an arrest warrant. Law enforcement officers were trained to enhance freedom of speech and expression on the ground. Relevant legislation had been improved to empower relevant officers to carry out their essential work in maintaining democracy, in line with freedom of expression and the media. Jordan had risen 14 points between 2023 and 2024 in the World Press Freedom Index issued by Reporters sans frontières, now ranking 132nd out of 180 countries in 2024.

Questions by Committee Experts

CLAUDE HELLER, Committee Chairperson and Co-Rapporteur, asked if updated information could be provided on the number of complaints of torture which had been submitted. How many had led to a conviction, and how many had been dismissed? The Committee believed it was crucial for Jordan to consider ratifying the Optional Protocol to the Convention. Furthermore, the National Centre for Human Rights could function as the national preventive mechanism. Given the high number of refugees, migrants and asylum seekers in Jordan, it was likely there would be many children and adolescents affected by these circumstances. The State had accepted the recommendation from the Universal Periodic Review to outlaw corporal punishment, which was a positive step forward. Could the State elaborate on all these matters? The law on juvenile justice prohibited children under 12 from being prosecuted. It had been recommended that the State raise the age of criminal responsibility to 14. There was not enough of a focus on restorative justice; the State should establish a restorative justice mechanism outside the traditional court system. Could the delegation comment on this?

The current strategy for improving the prison system did not take into account girls in detention who faced sanitary and hygiene needs and were more at risk of abuse. Vulnerable people within the juvenile justice system as also not addressed. Could more information about these situations be provided? The delegation had not referred to the Law on Cyber Crimes of 2023, which had concerned several human rights bodies who reported it being used excessively to detain journalists.

ERDOGAN ISCAN, Committee Vice Chairperson, expressed appreciation for the extensive replies, which demonstrated commitment to human rights. Was the practice of "blood money" a way of avoiding punishment; could the perpetrator escape punishment by paying off a victim or their family? The Committee was mindful and respectful of religious practices. Rehabilitation for victims should enable restoration of their independence and full inclusion in society. Compensation was an important part of reparation but was not a substitute for truth and acknowledgement of harm suffered. Could the delegation provide additional information on this? Were there tangible examples when perpetrators were prosecuted, and if found guilty punished? Were victims then provided with reparation?

Could the delegation clarify the practice and concept of the "overflow" centres, used to tackle overcrowding? Were all fundamental legal safeguards provided to inmates during their stay at these centres? Could up-to-date information be provided on the application of article 159 on the Code of Criminal Procedure, and recent examples of court rulings?

A Committee Expert said many people had been extradited from Jordan due to a "red notice" over the past three years. Did these people have access to a lawyer and were they brought promptly before a judge? In what situations would a judge decide to use alternative sentences to detention? It had been reported to the Committee that in cases involving narcotics or terrorism crimes, juveniles sometimes did not have access to a lawyer. Could this be clarified?

An Expert asked for more details around measures taken to prevent gender-based violence. Several reports had been received which indicated that the number of shelters with rehabilitation services for victims of trafficking was insufficient. Could more information be provided?

Responses by the Delegation

The delegation said a permanent standing committee established in 2006 followed up on work relating to the Human Rights Council, including draft resolutions related to human rights. It worked on preparing Jordan's report for the Universal Periodic Review. The committee circulated the work of the human rights treaty bodies to all ministries.

Jordan was a model to be followed when it came to refugees. The State hosted the World Forum for Refugees last year and had the largest number of refugees proportionate to its population of any country.

The legal and judicial provisions related to blood money entailed that the sum of money paid to the victim needed to be commensurate with the harm inflicted. This did not affect the victim's right to receive treatment in all its forms. The issuance of a decision to apply blood money did not prevent punishment or alleviate penal responsibility. It was not an alternative to punishment and did not allow for the evasion of punishment or impunity. Blood money had legislative and judicial safeguards.

Forty percent of recent verdicts imposed alternatives to detention. The court had to assign a lawyer for juveniles in cases where they did not have one. A child who was in need of care and protection were sentenced to alternative measures. There had been cases when a confession was not accepted because it had not taken place within prescribed legal circumstances.

Jordanian law stipulated that extradition decisions were to be made by a competent judge. If there was overcrowding at a facility, detainees were transferred to an overspill centre. The rights of detainees to continue their education was protected, and a special centre had been established for the children of detainees.

A body had been developed to deal with gender-based violence. There was also a toll-free line which people could call to report cases of gender-based violence. There was a national strategy to combat human trafficking, which aimed to prevent the sexual exploitation of women. Any person who disciplined a child with corporal punishment would be punished.

Jordan's Law on Cyber Crimes aimed to prevent child pornography content on the web. Jordan respected responsible use of the internet. Sanctions for online crimes had been established in various laws.

Closing Statements

CLAUDE HELLER, Committee Chairperson, thanked the delegation of Jordan for its constructive spirit during the valuable exchange, which would help the Committee develop useful recommendations for the State.

SAJA MAJALI, Director of the Human Rights Directorate, Ministry of Foreign Affairs and Expatriates of Jordan and head of the delegation, thanked the Committee for its endeavour to promote the Convention and efforts to eliminate torture worldwide. Ms. Majali also expressed thanks to civil society for their contribution to the report and the dialogue, as well as all those who had made the meeting possible. Despite challenges, the State party continued to work towards reforming and modernising Jordan's political system to respect and honour international obligations and to promote human rights.

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