Also the Jordanian Penal Code No. 16 of 1960 criminalizes torture3, but in a fragmantury
manner, thus created a legislative enviroment insuffecient to prosecute and punish the
perseons accused of such crimes, because the Law limits the definition of torture to
extracting confession or acquiring information. Which is in vioaltion of the provisions of
the UNCAT .Also Article (208) is crticized for not considering torture a serious crime but
rather including it within the rangeof the midemeanors, unless the crime led to death or
injury. This is a cleare infingment of the provisions of the Convintion, that stipulates
confering the criminal character on the acts of torture as being viwed one the most grave
crimes. Not to mention that cosidering the torture crime a misdemeaner, yeilds different
legal effects, incompatable to the principle of prosecution provided for in the Convention,
such as its rulling out by a general amnestry or prescription as well as not crminilizing the
attemt to commit the torture crime. The prosecution of the torture crimes perpetrators
remains a real problem that requires, and on an urgent basis, reviewing article 208 of the
Penal Code; because in practice, there are shorcomings in the complaint and investigation
mechnaims related to the defendants, which would mostely results in not holding the
perpetrators of those crimes accountable and allows impunity.4
The Ministry of Justice in 2014 formed a legal committee to review and reform the Penal
Code and the Code of Criminal Procedure, where the National Center for Human Rights
provided the Committee, in its capacity as a member, with a number of proposed
amendments on Article (208).5
Paragraph (2):
3
1. Article 208 of Penal Code reads: “Subjecting a person to any kind of torture not permitted by law in
order to obtain confession to a crime or any information thereon shall be punishable by imprisonment
from 6 months to 3 years”.
2. For the purpose of this Article, torture means "any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has committed or is suspected of
having committed, or intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity".
3. If torture caused illness or injuries, the punishment shall be temporary hard labor.
4. Notwithstanding Articles (45) and (100) of this Law, the Court may not stay of execution of the
punishment decided in the crimes stated in this Article or take extenuating circumstances.
4 Look at the recommendations enshrined in the JNCHR 11th Annual Report on the Human Rights Conditions
in Jordan:
i.
Adopting the definition of torture stated in the CAT.
ii.
Making torture a specific criminal offence, punishable of (3-5) years of imprisonment and be
excluded from the general or special amnesty or prescription.
iii.
Grant the competence to consider torture allegations to the civil courts, and the consequent
guarantee of the investigation, and the trial authorities, as well as the provisions of the fair trial
guarantee.
5 Judgment rendered by the Amman Magistrate Court.
4