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Jordan - Concluding Observations of the Committee against Torture - Consideration of Reports submitted by States Parties under Article 19 of the Convention [2010] UNCATCO 8; CAT/C/JOR/CO/2 (25 May 2010)

	United Nations	CAT/C/JOR/CO/2
	Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment		Distr.: General 25 May 2010 Original: English

Committee against Torture

Forty-fourth session

Geneva, 26 April–14 May 2010

Consideration of reports submitted by States parties under article 19 of the Convention

Concluding observations of the Committee against Torture

Jordan

1. The Committee considered the second periodic report of Jordan (CAT/C/JOR/2) at its 932nd and 934th meetings (CAT/C/SR.932 and 934), held on 29 and 30 April 2010, and adopted, at its 947th and 948th meetings (CAT/C/SR.947 and 948), the following concluding observations.

A Introduction

2. The Committee welcomes the submission of the second periodic report of Jordan, which, while generally following the Committee’s guidelines for reporting, lacks statistical and practical information on the implementation of the provisions of the Convention and relevant domestic legislation. The Committee regrets that the report was submitted 13 years late, which has prevented the Committee from conducting an ongoing analysis of the implementation of the Convention in the State party.

3. The Committee expresses its appreciation for the extensive written responses to its list of issues (CAT/C/JOR/Q/2/Add.1), which provided important additional information, and the information about the range of Jordanian institutions that participated in the preparation of the report. The Committee also appreciates the dialogue with and the additional oral information provided by the delegation of the State party. The Committee regrets that the delegation did not include representatives of the General Intelligence Directorate who had also been involved in the preparation of the report.

B Positive aspects

4. The Committee welcomes that, in the period since the consideration of the initial report, the State party has ratified or acceded to the following international instruments:

(a) United Nations Convention against Transnational Organized Crime, in May 2009, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the Convention, in June 2009;

(b) Convention on the Rights of Persons with Disabilities, in March 2008;

(c) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in May 2007;

(d) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in December 2006; and

(e) Rome Statute of the International Criminal Court, in April 2002.

5. The Committee notes the ongoing efforts at the State level to reform its legislation, policies and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment, in particular:

(a) The establishment, in 2003, of the National Centre for Human Rights of Jordan as an independent national human rights institution;

(b) The establishment, in 2008, of the Ombudsman’s Bureau as an independent body with a mandate to receive complaints as of 1 February 2009;

(c) The adoption by the Government of Jordan, in 2007, of the comprehensive plan for the development and modernization of correctional facilities and rehabilitation centres as well as the closing of the Al-Jafr Correction and Rehabilitation Center in December 2006;

(d) Governmental support to the implementation of the Karama Project, in cooperation with civil society actors: the overall objectives of the Project are elimination of the use of torture and ill-treatment, the criminalization of such acts and the investigation, prosecution and punishment of such acts according to the international legal obligations of Jordan; and

(e) The establishment of an “Integrated Services and Family Justice Centre” within the Dar Al-Wifaq Women’s Shelter.

6. The Committee notes with appreciation the information provided by the delegation that the death penalty has not been applied in the State party since March 2006.

C. Principal subjects of concern and recommendations

Incorporation of the Convention into domestic law

7. The Committee notes with appreciation that the Convention was published in the Official Gazette in 2006, thereby rendering the Convention part of the national legislation and thus enforceable in national courts. However, referring to its previous concluding observations (A/50/44, para. 165), the Committee regrets that, although the State party has been party to the Convention since 1991, the State party representatives acknowledged that it had not been in effect domestically until its publication (arts. 2 and 10).

For the purposes of ensuring that incorporation of the Convention takes place and preventing conduct in contradiction to the Convention, the State party should provide extensive training to its State authorities, law enforcement and other relevant officials and the judiciary to make them fully aware of the provisions of the Convention.

Overarching considerations regarding implementation

8. Despite the Committee’s requests for specific statistical information in the list of issues and the oral dialogue with the State party, the Committee regrets that such information was not provided. The absence of comprehensive or disaggregated data on complaints, investigations, prosecutions and convictions of cases of torture and ill-treatment by law enforcement, security, intelligence and prison personnel, or on administrative detention, trafficking, ill-treatment of migrant workers and domestic and sexual violence severely hampers the identification of many abuses requiring attention (arts. 2, 12, 13 and 19).

The State party should compile statistical data relevant to the monitoring of the implementation of the Convention at the national level, disaggregated by gender, age and nationality, as well as information on complaints, investigations, prosecutions and convictions of cases of torture and ill-treatment, administrative detention, trafficking, ill-treatment of migrant workers and domestic and sexual violence, and outcomes of all such complaints and cases. The State party should, without delay, provide the Committee with the above-mentioned detailed information, including on the number of complaints of torture that have been submitted since 1995, the date of the consideration of the previous State party’s report.

Definition and criminalization of torture

9. While noting that a definition of torture has been included in article 208 of the Penal Code, the Committee regrets that Chapter Two of the Jordanian Constitution which provides for “Rights and Duties of Jordanians” does not contain a specific prohibition of torture and other forms of ill-treatment or punishment. The Committee is also concerned that article 208 refers to “any type of torture impermissible according to law” which implies the existence of forms or instances of torture that are permitted by law. The Committee is further concerned that torture is not treated as a serious crime but rather as a misdemeanour, and is not subject to penalties appropriate to its gravity (between six months’ and three years’ imprisonment). The Committee regrets the absence of a provision in the Penal Code that would exclude the crime of torture from statutes of limitations and it is concerned that statutes of limitations applicable to provisions of the Penal Code may prevent investigation, prosecution and punishment of these grave crimes (arts. 1 and 4).

The State party should incorporate the prohibition of torture into the Constitution to show a real and important recognition of torture as a serious crime and human rights abuse and to fight impunity. By naming and defining the offence of torture in accordance with articles 1 and 4 of the Convention and distinct from other crimes, the Committee considers that States parties will directly advance the Convention’s overarching aim of preventing torture, inter alia, by alerting everyone, including perpetrators, victims, and the public, to the special gravity of the crime of torture and by improving the deterrent effect of the prohibition itself. The State party should also ensure that perpetrators are prosecuted and convicted in accordance with the gravity of the acts, as required by article 4 of the Convention. To this end, the State party should amend its Penal Code to increase the penalties, as appropriate.

The State Party should further review its rules and provisions on the statute of limitations and bring them fully in line with its obligations under the Convention so that acts of torture, attempts to commit torture, and acts by any person which constitute complicity or participation in torture, can be investigated, prosecuted and punished without time limitations.

Impunity for acts of torture and ill-treatment

10. The Committee is deeply concerned by the numerous, consistent and credible allegations of a widespread and routine practice of torture and ill-treatment of detainees in detention facilities, including facilities under the control of the General Intelligence Directorate and the Criminal Investigations Department. The Committee is further concerned that such allegations are seldom investigated and prosecuted and that there would appear to be a climate of impunity resulting in the lack of meaningful disciplinary action or criminal prosecution against persons of authority accused of acts specified in the Convention. The Committee is particularly concerned that, while no official has ever been prosecuted for having committed torture under article 208 of the Penal Code, there have been prosecutions under article 37 of the Public Security Law of 1965 as the lex specialis, calling solely for disciplinary action. The Committee is further concerned that article 61 of the Penal Code stipulates that a person shall bear no criminal responsibility for acts performed in accordance with orders given by someone of higher rank (arts. 2, 4, 12 and 16).

As a matter of urgency, the State party should take immediate and effective measures to prevent acts of torture and ill-treatment throughout the country, including announcement of a policy that would produce measurable results in the eradication of torture and ill-treatment by State officials.

The State party should ensure that all allegations of torture and ill-treatment are investigated promptly, effectively and impartially, and that the perpetrators are prosecuted and convicted in accordance with the gravity of the acts, as required by article 4 of the Convention.

Furthermore, the State party should amend its legislation in order to explicitly provide that an order from a superior officer or a public authority may not be invoked as a justification of torture.

Complaints and prompt and impartial investigations

11. The Committee expresses its concern at the high number of complaints of torture and ill-treatment by law enforcement, security, intelligence and prison officials, the limited number of investigations carried out by the State party in such cases, and the very limited number of convictions in those cases which are investigated. Additionally, the Committee is concerned that the existing investigative bodies lack the necessary independence to review individual complaints about misconduct committed by security officials. The Committee also regrets the lack of detailed information, including statistics, on the number of complaints of torture and ill-treatment and results of all the proceedings, both at the penal and disciplinary levels, and their outcomes (arts. 11, 12 and 16).

The State party should strengthen its measures to ensure prompt, thorough, impartial and effective investigations into all allegations of torture and ill-treatment of convicted prisoners and detainees and to bring to justice law enforcement, security, intelligence and prison officials who carried out, ordered or acquiesced in such practices. In particular, such investigations should be undertaken by an independent body. In connection with prima facie cases of torture and ill-treatment, the alleged suspect should as a rule be subject to suspension or reassignment during the process of investigation, to avoid any risk that he or she might impede the investigation or continue any reported impermissible actions in breach of the Convention.

The State party should prosecute the perpetrators and impose appropriate sentences on those convicted in order to ensure that State officials who are responsible for violations prohibited by the Convention are held accountable.

Fundamental legal safeguards

12. The Committee expresses its serious concern at the State party’s failure in practice to afford all detainees, including detainees held in facilities of the General Intelligence Directorate and the Public Security Department, all fundamental legal safeguards from the very outset of their detention. Such safeguards comprise the right to have prompt access to a lawyer and an independent medical examination, to notify a relative, and to be informed of their rights at the time of detention, including about the charges laid against them, as well as to appear before a judge within a time limit in accordance with international standards. The Committee is particularly concerned that an arrested person does not have the right to a lawyer from the moment of arrest, and especially during the initial stage between arrest and being presented to the prosecutor, and that articles 63, paragraph 2, and 64 of the Code of Criminal Procedure allow prosecutors exceptionally to interrogate detainees without lawyers in “cases of urgency”. The Committee is further concerned that meetings between lawyers and clients reportedly take place in the presence of numerous other persons and attorneys (arts. 2, 11 and 12).

The State party should promptly implement effective measures to ensure that all detainees are afforded, in practice, all fundamental legal safeguards from the very outset of their detention. These include, in particular, the right to have prompt access to a lawyer and an independent medical examination, to notify a relative, and to be informed of their rights at the time of detention, including about the charges laid against them, as well as to appear expeditiously before a judge. The State party should also take effective measures to ensure that “lawyers’ rooms” provide for the confidentiality of client-lawyer consultations.

Administrative detention

13. According to the State party’s report (para. 45), the Government has instructed administrative court judges to end the practice of administrative detention and a large number of persons have been released. However, the Committee expresses its grave concern at the continued practice of administrative detention (according to the replies to the lists of issues, more than 20,000 persons were held in such detention in 2006 and this was reduced to approximately 16,000). The Committee is particularly concerned that the Crime Prevention Act of 1954 provides for administrative governors affiliated with the Ministry of Interior to detain any person suspected of perpetrating a crime or any person considered a threat to the community for a period of one year, renewable indefinitely. The Committee is also concerned that the Code of Criminal Procedures currently allows arrest and detention without explicit legal grounds, as well as arrest without objective supportive grounds (arts. 2, 11 and 16).

Since administrative detention puts detainees beyond judicial control and hence at risk of measures in contravention of the Convention, the Committee urges the State party to take all appropriate measures to abolish the practice of administrative detention. The State party should amend the domestic laws cited above to bring them into conformity with international human rights standards and the State party’s obligations under the Convention.

Special court system

14. The Committee expresses its grave concern at the special court system within the security services, including the State Security Court, the Special Police Court and the Military Tribunal of the General Intelligence Directorate, which have reportedly shielded military and security personnel alleged to be responsible for human rights violations from legal accountability. The Committee is concerned that transparency, independence and impartiality are jeopardized by this system and that the procedures in the special courts are not always consistent with fair trial standards (arts. 2 and 12).

With reference to its previous recommendation (A/50/44, para. 175), the Committee calls on the State party to take immediate steps to ensure that the functioning of the State Security Court and other special courts are brought into full conformity with the provisions of the Convention and international standards for courts of law and, in particular, that accused persons are granted the right to appeal against decisions of the Court; alternatively, the State party should abolish such special courts.

Monitoring and inspection of places of detention

15. The Committee appreciates the information from the representatives of the State party that a number of bodies, including the National Centre for Human Rights, the Grievances and Human Rights Office of the Public Security Department, some international non-governmental organizations (NGOs) and the International Committee of the Red Cross perform periodic and regular visits to investigation and detention centres and rehabilitation facilities. However, it is concerned at the lack of systematic and effective monitoring and inspection of all places of detention, especially the facilities of the General Intelligence Directorate, and is concerned that visits to such places by national monitors, including the National Centre for Human Rights, have to be announced and carried out in response to prior requests, often accompanied by representatives of the Public Security Department following the memorandum of understanding concluded between the two institutions in March 2009. The Committee is also concerned that the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment was reportedly denied access to such facilities during his visit to Jordan in June 2006 (arts. 2, 11 and 16).

The Committee calls upon the State party to establish a national system to effectively monitor and inspect all places of detention, including the facilities of the General Intelligence Directorate, and follow up to ensure systematic monitoring. This system should include regular and unannounced visits by national and international monitors, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

General Intelligence Directorate

16. Further to the Committee’s previous concluding observations (A/50/44, para. 168), it expresses its concern at reports of torture and ill-treatment in the facilities of the General Intelligence Directorate and remains concerned that the General Intelligence Directorate continues to detain suspects arbitrarily and incommunicado, often for prolonged periods of time, and that detainees are reportedly deprived of access to judges, lawyers or doctors (arts. 2, 11 and 16).

The Committee calls upon the State party to place all State security departments, and primarily the General Intelligence Department, under civilian authority and oversight, to establish an independent audit of these services, to limit the powers of the Directorate and to ensure separation of powers, in law and practice, between the authorities responsible for detention of suspects and those responsible for preliminary investigations.

Anti-terrorism measures

17. Recalling the absolute prohibition of torture, the Committee is concerned that the Prevention of Terrorism Act 2006 has a vague and overly broad definition of “terrorist activities”. It is also concerned at the reported enhancement of the already excessive powers of the security officers (arts. 2 and 16).

The Committee recalls that no exceptional circumstances whatsoever can be invoked as a justification for torture and, in accordance with relevant Security Council and other resolutions, anti-terrorism measures must be implemented with full respect for international human rights law. To this end, the State party should review the Prevention of Terrorism Act 2006 and amend it, as necessary, to bring it into conformity with international human rights standards.

Impunity for crimes committed in the name of honour, and rape

18. The Committee notes with concern that violence against women, as a form of discrimination against women, is a deeply rooted problem in Jordan and, as a result, a culture of impunity towards domestic and gender-based violence has evolved. In this respect, the Committee expresses its serious concern that crimes, where a family’s “honour” is thought to be breached, often go unpunished, and when they are punished, the sentences are far less than for equally violent crimes without this “honour” dimension (arts. 1, 2, 4, 13 and 16).

The Committee calls upon the State party to amend, without delay, applicable provisions of the Penal Code to ensure that perpetrators of “honour” crimes do not benefit from a reduction of penalty under article 340; that perpetrators of premeditated “honour” crimes do not benefit from a reduction of penalty under article 98; and that article 99 is not applicable to “honour” crimes or other cases where the victim is related to the perpetrator. The Committee also urges the State party to ensure that “honour” crimes are treated as seriously as other violent crimes with regard to investigation and prosecution, and that effective prevention efforts are put in place.

19. While noting information provided by the delegation that the State party is currently reviewing this issue, the Committee is gravely concerned at the practice of allowing perpetrators of rape to escape prosecution by marrying their victims (art. 308 of the Penal Code), or allowing families to waive their “right to complain” (arts. 1, 2, 4, 13 and 16).

Recalling that numerous international judicial and quasi-judicial bodies have established that rape is a form of torture, the Committee calls upon the State party to withdraw the exculpatory provision in article 308 of the Penal Code and ensure that a rapist does not escape punishment by marrying his victim.

Domestic violence

20. Notwithstanding the adoption, in January 2009, of the new Protection from Family Violence Act, the Committee is concerned that the law fails to explicitly criminalize domestic violence or provide adequately for the prosecution of those who perpetrate it. According to the replies to the list of issues, the question of criminalization is left to the Penal Code. The Committee is also concerned that the new Law has a limited scope as it specifies as a condition that the perpetrator lives with the victim in the family home. The Committee further expresses its concern at the lack of data, including statistics on complaints, prosecutions and sentences related to domestic violence (arts. 1, 2, 4, 12 and 16).

The State party should strengthen its efforts to prevent and combat violence against women and children, to ensure prompt, impartial and effective investigations of such acts and to prosecute and punish perpetrators. The State party is encouraged to participate directly in rehabilitation and legal assistance programmes and to conduct broader awareness-raising campaigns for officials (judges, law officers, law enforcement agents and welfare workers) who are in direct contact with the victims.

The State party should also strengthen its efforts in respect of research and data collection on the extent of domestic violence and it is requested to provide the Committee with statistical data on complaints, prosecutions and sentences in its next periodic report.

Protective custody

21. The Committee notes with concern that the Suppression of Offences Act of 1954 authorizes “protective custody” for women at risk of violence, which according to reports is akin to administrative detention, and that some women are still retained in such custody (arts. 2, 11 and 16).

The Committee urges the State party to replace the practice of “protective custody” with other measures that ensure the protection of women without jeopardizing their liberty, and to accordingly transfer all women currently held in “protective custody” to other safe and rehabilitative shelters. To this end, the Committee encourages the State party to adopt a national plan for the protection of women in danger.

Trafficking

22. While welcoming the adoption, in 2009, of the Human Trafficking Prohibition Act No. 9 which criminalizes all forms of human trafficking, the Committee expresses its concern at reports of trafficking in women and children for sexual and other exploitative purposes. The Committee is also concerned at the general lack of information on the extent of trafficking in the State party, including the number of complaints, investigations, prosecutions and convictions of perpetrators of trafficking, and on the practical measures adopted to prevent and combat such phenomena (arts. 1, 2, 4, 12 and 16).

The State party should increase its efforts to prevent and combat trafficking of women and children, including by implementing the current laws combating trafficking, providing protection for victims and ensuring their access to medical, social, rehabilitative and legal services, including counseling services, as appropriate. The State party should also create adequate conditions for victims to exercise their right to make complaints, should conduct prompt, impartial and effective investigations into all allegations of trafficking and should ensure that perpetrators are brought to justice and punished with penalties appropriate to the nature of their crimes.

Refugees, violations of article 3 and lack of investigations

23. The Committee regrets the absence of domestic legislation in the State party that guarantees the rights of refugees and asylum-seeking persons. The Committee expresses its concern at the absence of legal provisions, including in the Fugitive Offenders Act of 1927 or the Residence Alien Affairs Act No. 2 of 1973 that would explicitly prohibit the expulsion, refoulement or extradition of a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. The Committee is also concerned at reports that individuals have not been afforded the full protection provided for by article 3 of the Convention in cases of expulsion, return or deportation. Such cases include those of Maher Arar, Mohamed Farag Bashamilah and Salah Naser Salem Ali Darwish. The Committee is further concerned at reports that the cooperation of Jordan with other Governments in the context of the “war on terror” has resulted in additional human rights violations, including secret detentions and renditions of terrorism suspects, in breach of the Convention. In this respect, the Committee regrets the lack of information as to whether the State party is considering the establishment of an independent investigation to follow up on such allegations (arts. 3, 12 and 13).

The State party should formulate and adopt domestic legislation guaranteeing the rights of refugees and asylum-seeking persons. The State party should also formulate and adopt a legal provision to implement article 3 of the Convention into its domestic law. Under no circumstances should the State party expel, return or extradite a person to a State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or ill-treatment. Furthermore, the State party should establish an independent investigation to review and follow up on allegations of its involvement in “extraordinary renditions” and inform the Committee of the outcome of such investigation.

Withdrawal of nationality

24. While acknowledging that more than 200,000 Palestinian refugees have been granted Jordanian citizenship, the Committee expresses its concern at the reported withdrawal of nationality from more than 2,700 Jordanians of Palestinian origin. Notwithstanding the explanation provided by the delegation and its statement that such allegations are a gross distortion of facts and numbers, the Committee notes with concern that such withdrawal is conducted in an arbitrary and random manner, with no clear basis in law, thereby denying such persons basic citizenship rights and putting them at risk of expulsion without the guarantees pursuant to article 3 of the Convention (arts. 3 and 16).

The Committee calls upon the State party to put an end to its arbitrary withdrawal of nationality from Jordanians of Palestinian origin.

Human rights defenders

25. The Committee notes with concern reports of threats against and harassment and intimidation of persons monitoring human rights in the State party and is concerned that this may hinder the operation and activities of civil-society monitoring groups and thus their capacity to function effectively (arts. 2, 12 and 16).

The State party should take all necessary steps to ensure that all persons, including those monitoring human rights, are protected from any intimidation or violence as a result of their activities and exercise of human rights guarantees, to ensure the prompt, impartial and effective investigation of such acts, and to prosecute and punish perpetrators.

Children in detention

26. The Committee welcomes the efforts made by the State party to reform its juvenile justice system. However, the Committee notes with concern that, despite the information provided that the provisions of the Juvenile Act are being amended to raise the age of criminal responsibility to 12 years, the minimum age of criminal responsibility (7 years) remains below international standards, and there is a lack of alternatives to imprisonment. Furthermore, the Committee notes with concern that a juvenile who commits a crime with an adult is tried before the court competent to hear the charges against the adult (arts. 2, 11 and 16).

The State party should, as a matter of urgency, raise the minimum age of criminal responsibility in order to bring it into line with generally accepted international standards. The State party should also take all necessary measures to develop and implement a comprehensive system of alternative measures to ensure that deprivation of liberty of juveniles is used only as a measure of last resort, for the shortest possible time and in appropriate conditions. Furthermore, the State party should ensure that juveniles are tried before juvenile courts.

Conditions of detention

27. While noting that prison and detention centre conditions have improved, including in the context of the Government’s comprehensive plan for the development and modernization of correctional facilities and rehabilitation centres, the Committee remains concerned at continued reports of overcrowding, understaffing, inadequate food and health care, and ineffective pre-release and post-release programmes (arts. 11 and 16).

The State party should continue to take effective measures to improve conditions in places of detention and to reduce overcrowding in such places, including through the application of alternative measures to imprisonment

Training

28. The Committee takes note of the information included in the State party’s report on training and awareness-raising programmes. However, the Committee regrets the lack of information on targeted training for security and intelligence personnel, judges, prosecutors, forensic doctors and medical personnel dealing with detained persons, including methods to document the physical and psychological sequelae of torture (art. 10).

The State party should further develop and strengthen educational programmes to ensure that all officials, including law enforcement, security, intelligence and prison officials, are fully aware of the provisions of the Convention, that reported breaches will not be tolerated and will be investigated, and that offenders will be prosecuted. Furthermore, all relevant personnel should receive specific training on how to identify signs of torture and ill-treatment, including those that will investigate and document these cases. Such training should include the use of the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol). In addition, the State party should assess the effectiveness and impact of such training/educational programmes.

Redress, including compensation and rehabilitation

29. While noting that plaintiffs are entitled to seek damages for any injury suffered in accordance with article 256 of the Civil Code, the Committee is concerned that Jordanian law does not include explicit provisions on the right of torture victims to fair and adequate compensation for damages caused by torture and that information is lacking on any treatment and social rehabilitation services, including medical and psychosocial rehabilitation, provided to these victims (art. 14).

The State party should strengthen its efforts to provide victims of torture and ill-treatment with redress, including fair and adequate compensation and as full rehabilitation as possible. To this end, the State party should amend its legislation to include explicit provisions on the right of torture victims to fair and adequate compensation for damages caused by torture. Furthermore, the State party should provide information on redress and compensation measures ordered by the courts and provided to victims of torture, or their families, during the reporting period. This information should include the number of requests made, the number granted, and the amounts ordered and actually provided in each case. In addition, the State party should provide information on any on-going reparation programmes.

Coerced confessions

30. While noting the existence of article 159 of the Criminal Procedure Code which does not refer explicitly to torture, the Committee expressed its concern at reports that the use of forced confessions as evidence in courts is widespread in the State party. The Committee is also concerned at the lack of information on any officials who may have been prosecuted and punished for extracting such confessions (art. 15).

The State party should take the necessary steps to ensure inadmissibility in court of confessions obtained as a result of torture in all cases in line with the provisions of article 15 of the Convention. The Committee requests the State party to firmly prohibit admissibility of evidence obtained as a result of torture in any proceedings, and provide information on whether any officials have been prosecuted and punished for extracting such confessions.

Women migrant domestic workers

31. The Committee notes the establishment, in 2006, of the Directorate of Domestic Workers, to monitor and regulate the practices of employment agencies. However, it expresses its concern at reports referring to widespread abuse of women migrant domestic workers, of which the vast majority is from South and South-East Asia, and against whom physical, psychological and sexual abuse is common (arts. 13 and 16).

The State party should strengthen its measures to prevent violence and abuse directed against women migrant domestic workers in the State party by ensuring their right to lodge complaints against those responsible, and by ensuring that such cases are reviewed and adjudicated in a prompt and impartial manner by a competent oversight mechanism and that all employers and representatives of employment agencies who abuse migrant domestic workers are brought to justice.

32. The Committee recommends that the State party consider ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

33. The Committee recommends that the State party consider making the declarations under articles 21 and 22 of the Convention.

34. The Committee invites the State party to consider ratifying the core United Nations human rights treaties to which it is not yet a party, namely the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of All Persons from Enforced Disappearance.

35. The Committee invites the State party to submit its core document in accordance with the requirements of the common core document in the harmonized guidelines on reporting, as approved by the international human rights treaty bodies and contained in document HRI/GEN/2/Rev.6.

36. The State party is encouraged to disseminate widely the reports submitted by Jordan to the Committee and these concluding observations, in appropriate languages, through official websites, the media and nongovernmental organizations.

37. The Committee requests the State party to provide, within one year, information on its response to the Committee’s recommendations contained in paragraphs 10, 11, 18 and 31 above.

38. The State party is invited to submit its third periodic report by 14 May 2014.