حظر التعذيب في الأردن و ضوابط استخدام السلاح في مراكز الإصلاح و التأهيل

الملخص EN

This study aims to address the Crime of torture and the restrains of using force in The Correction and Rehabilitation Centers.

Booth researchers used the descriptive approach in conducting this study relying on many of the theoretical information’s recourses.

This study achieved set of results and the most important of these results is the crime of torture which is one of the crimes stated in Jordanian penal code in article (208).This law has considered it one of misdemeanors according to the punishment resulting from commission of the crime and we can extract the elements of the crime of torture through the legal text in tow main elements which are (physical element and moral element).

The most important result of the study is that the occurrence of the crime has no time relation with practicing the job, but it has causative relation, also the crime of torture is not implemented by a public official or by a formal official except in a certain cases determined by the law.

The following are recommendations of the study: 1.

The necessity of amendment to the legal text so that it is not required the one who gives the order of torturing or the one who does the act of torture to be specialized in interrogation or questioning of the suspect himself or the witness or the expert.

Practically, torture happened through the physical contact with the suspect whom is forced to confession or to give an opinion or any information..etc either in the place of detention or during displacing him from one place to another.

The obvious example on this would be the ability of the detective to request one of the PSD to torture the suspect and this PSD is not specialized in interrogation or questioning him and the Jordan Penal Law stated clearly when mentioned “ Formal Official” or a person act formally without addressing the issue of specialization or authorization.

2.

Need to review legal qualification of the crime of torture by criminal outcome that would result from, because of torture leading to the death of the accused and the suspect and the suspect should be treated as a person who commits the crime of murder and on this basis legal adaption, it has become necessary to make legal amendments to make some sort of criminal offense of torture and not the type of misdemeanors which resulting in harsher punishment as well as the change taken legal action against the perpetrator of the offense of torture and the competent court to consider this crime.

3.

The legal text does not specify the criteria on which is measured the intensity of the psychological pain that may cause one of the defendants, We all know that the issue of psychological pain vary from person to person, So we see that it was a priority to the legislature that deals with this matter In order to avoid conflicts that could result in depriving the people of their rights or counting persons for their actions as a crime, because the basic principle in law that no crime and no punishment except by law and that is based on clear and explicit criteria not tinged impurity or confusion.

4.

The punishment should be proportionate with the criminality result.

for example if the resulting crime was a misdemeanor ( slight physical harm) the penalty should be determined as such, and if the act resulted in felony ( death of the victim) we recommend that the punishment of the perpetrator should be also proportionate with this criminal act, Through the distinction between torture and other cruel, inhuman or degrading treatment, In terms of sanctions and legal procedures that must be taken to confront any act of torture and inequality inhuman treatment In terms of criminal adaption and description and tightening punishment of the perpetrator of torture in view of the severity and risk of the act.

5.

Giving each person to be arrested right to ask for a lawyer immediately after his arrest to ensure he is not tortured.

6.

The torture is one of the crimes stipulated in the Jordanian Penal Code in force And crimes referred to in the Jordanian Constitution Accordingly, we recommend that the competent courts are ruling in the cases of torture so that all issues concerning the conversion of this type of crime to the competent court, And not just to take administrative penalties by the heads of employees who have committed such acts.

7.

The need to educate workers in the field to investigate the seriousness of the actions that will lead to highlight the crime of torture into being and to clarify the size of the punishment of such crimes.