II. Recommendations

To the Government of Jordan

  • Investigate the General Intelligence Directorate’s arrest and detention practices, including their compliance with Jordanian laws and international human rights standards.
  • Clarify the basis in law for intelligence officers’ powers of arrest and detention.
  • Implement an immediate moratorium on detention of individuals by the GID. Any detainees currently detained by the GID should be brought before an independent tribunal to have the lawfulness of their detention reviewed, including whether there are sufficient grounds for detention. In accordance with the decision of the court, any individual whose continued detention is deemed necessary should be transferred to a regularly constituted detention facility and should enjoy the full rights and safeguards to which detainees are entitled under Jordan’s human rights obligations.
  • At a minimum, and until such measures can be put into effect, put all GID law enforcement activities at the sole direction of the attorney general. Ensure that the GID promptly provides the attorney general with the names of all persons detained and full information concerning the disposition of their cases.
  • Immediately suspend the operation of the State Security Court and the State Security Court Law State Security Law and State Security Court pending a review of both, by impartial legal professionals, for their compliance with Jordan’s international human rights legal obligations. The review should consider repealing or amending the law to ensure such compliance. The review should recommend steps to ensure that any court handling state security matters is fully independent and separate from the military and the executive.
  • Ensure that the allowed period of detention prior to bringing a suspect promptly before a judicial officer does not exceed twenty-four hours in any circumstance, as provided for by Jordan’s Code of Criminal Procedure.
  • Establish an office empowered to carry out an impartial and thorough investigation into allegations of arbitrary detention and ill-treatment or torture, or other violations of basic rights, in GID facilities.
  • Amend the Criminal Procedure Code to:

a. Provide for unqualified access to legal counsel without undue delay.

b. Allow detainees to petition promptly an independent and impartial court to review the grounds for detention.

c. Make evidence obtained through torture or cruel, inhuman or degrading treatment inadmissible in court.

  • Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

To the Jordanian parliament

  • Create a standing committee for security and intelligence affairs that exercises oversight over the GID.
  • Enhance the public defender program, with the cooperation of the Jordanian Bar Association, to provide legal counsel to persons detained for alleged security offences.