AMMAN – The
Euro-Mediterranean Human Rights Monitor’s published its report titled “I cannot take it anymore. Ways of
torture in prisons and detention centers in the MENA region” which found an
increase in the use of torture methods in Jordanian detention and
rehabilitation centers.
اضافة اعلان
The report was released on the International
Day in Support of Victims of Torture, which is marked on June 26 every year.
The organization cited a previous
report by the quasi-governmental National Center for Human Rights in Jordan,
which found that 98 citizens in 2019 filed complaints about being subjected to
torture and mistreatment by law enforcement officers and security departments –
a notable increase from the 86 complaints filed in 2018.
Despite Jordan being a signatory to
the United Nations’ 1984
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the June 2021 report finds that a lack of
legislation stands in the way of giving full effect to the terms of this
agreement.
For example, the criminalization of
torture is confined only to Article 208 of the Penal Code, which deals with the
extraction of confessions or information from detainees. There are no such
provisions for other cases where torture can take place.
Nesreen Zregat, who previously
worked at the National Center for Human Rights (NCHR), noted this inconsistency
in an interview with
Jordan News.
“Jordan has criminalized torture
under Article 208… but sometimes there are accusations of mistreatment and
cruel or inhuman treatment, which aren’t criminalized.”
Zregat explained that while Article
208 of the Penal Code refers only to the extraction of confessions or information,
the UN convention also qualifies intimidation and coercion, punishment, and
discrimination as forms of torture.
As such, “Article 208 is not adapted
to Jordan’s commitment to the UN convention.”
The report adds that the crime of
torture is considered a misdemeanor under Jordanian law, making such charges
susceptible to being dropped by pardons and statutes of limitation, or lapse of
time.
“Torture is a misdemeanor but it
should be a felony, charges can be dropped by statutes of limitation and by
pardon both publicly and privately, which shouldn’t be allowed,” said Zregat.
“Torture cases need to be within the
purview of regular courts as opposed to special courts,” she continued.
Indeed, as the report cites, another
problem precluding implementation of the UN convention is that investigations
carried out by law enforcement agencies do not meet international standards.
Zregat also explained an issue
whereby Article 208 is not invoked in some cases of torture. One such example
is that of beating someone to death: because it is considered a felony,
different provisions of the Penal Code are cited instead of Article 208.
She added that it is unclear whether
or not torture cases are on the rise because the lack of implementation of
Article 208 leaves us with “no proper indicator.”
NCHR General Commissioner Alaa
Armouti agreed that “the contents of the [UN] convention have not been
translated to the fullest extent” in Jordan.
“Many of our domestic laws need to
be amended... in order to fall in line with the standard outlined by the
convention,” he added.
Like Zregat, Armouti maintained that
“the definition of torture is reductive… it is not enough and does not
encompass all cases.”
He also pointed out the problem in
trying torture cases in a police court, as opposed to a regular court.
“If we leave these matters in the
hands of police courts, then most likely, the crime will be treated like a case
of behavioral misconduct.”
In an interview with
Jordan News,
lawyer Imad Sharqawi echoed comments made by both Zregat and Armouti about the
legal shortcomings in the fight against torture crimes.
Nonetheless, he noted that “compared
to other Arab countries, Jordan is relatively advanced in combatting torture
and has taken really important steps, but we still have problems with
implementation.”
Sharqawi set forth several steps
that must be taken to mitigate torture cases, including abolishing administrative
detention, upholding the right to counsel in front of the police, referring
detainees to doctors for immediate investigation following potential torture,
and holding perpetrators accountable in order to deter such behavior in the
future.
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