26 June 2009

Jordan: Concerns persist despite Jordan's commitments to the HRC

On 11 June 2009, the Human Rights Council (HRC) adopted the report of the Working Group on Jordan which was discussed at the fourth session of the Universal Periodic Review (2-13 February 2009). The comments of State representatives present at this meeting and their recommendations are reflected in this document. The views and commitments of Jordan considered in the protection of human rights are also reflected.

Alkarama, as part of the NGO contributions in the process of Universal Periodic Review (UPR) of the HRC, submitted a summary report in which it addressed the human rights situation and expressed its concerns. The organization proposed a number of recommendations including the cessation of the practice of incommunicado detention; the placement under the protection of the law of all persons presently detained; the release of detainees against whom no criminal charges have been made; independent investigations into all allegations of torture; the prosecution of perpetrators and the exclusion of criminal proceedings of any "evidence" or statements obtained under torture. 

Recommendations 2, 18 and 22 of the report of the Working Group reflect the concerns mentioned. States that have expressed these same recommendations call for: A more rigorous application of the Convention against Torture; the submission of periodic reports from States who are party to the Committee against Torture since 1995; to end torture and especially those committed by the security services to ensure that detainees have access to remedies; to ensure that allegations of torture are investigated in a transparent and independent manner; to establish an independent mechanism and transparent review process for complaints about reports of mistreatment of detainees; to review the practice of "administrative detention for protection". 

Among the 79 recommendations made by the various states, Jordan has rejected 23 while 15 remained pending. Among those rejected were: the withdrawal of its general and specific reservations to the Convention on the Elimination of All Forms of Discrimination against Women; acceptance of the competence of the Committee against Torture to examine specific cases of torture; the ratification of the Optional Protocol to the Convention against Torture (OP-CAT) in a reasonable time; the transfer of the consideration of allegations of mistreatment of detainees to an appropriate civilian judicial authority; the establishment of a mechanism independent national monitoring in places of detention; a moratorium on capital punishment prior to its abolition; the ratification of optional protocols 1 and 2 of the International Covenant on Civil and Political Rights; the creation of a legal framework for the protection of refugees and asylum seekers; and the ratification of the Convention on Refugees of 1951 and its 1967 Protocol. 

When adopting the report of the HRC's Working Group, the First Secretary of the Permanent Mission of Jordan to the United Nations, said that his country had not only accepted the recommendations pending but had also made arrangements for their implementation. The Government would prepare a study to prevent enforced disappearances. Accordingly, it will amend the Penal Code to make it compatible with the Convention against Torture, in particular regarding the extortion of confessions. On the issue of administrative detention, the representative of Jordan said it was a preventive measure designed to protect society, but it was under the control of the authorities to ensure that it is not used arbitrarily. 

Alkarama has noted that the recommendations rejected by Jordan are in fact the same concerns that are regularly expressed by NGOs and human rights activists, including those related to arbitrary detention, allegations of torture and the protection of refuges.

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