JORDAN: GOVERNMENT TAKING ACTION TO COMBAT TORTURE

UNCLAS SECTION 01 OF 05 AMMAN 001746

SIPDIS
SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PHUM CACS KJUS SOCI JO
SUBJECT: JORDAN: GOVERNMENT TAKING ACTION TO COMBAT TORTURE
BUT LONG PATH AHEAD

REF: A. STATE 070129

B. AMMAN 580

C. 07 AMMAN 3598

D. 07 AMMAN 3351

E. 07 AMMAN 720

F. 07 AMMAN 448

G. 06 AMMAN 7325


1. (SBU) Summary: The Jordanian government, with assistance
from several European donors, has embarked on an extensive
reform program designed to root out torture in the prison
system. The reform plans are impressive and include a wide
range of initiatives including placement of the prison system
under the Ministry of Justice, recruitment and training of
qualified personnel, creation of a national monitoring team
with non-governmental organizations, review of related
legislation, and building of new prisons. The question being
asked, however, is whether the reforms will sufficiently
address a "culture of torture" still observed in some
quarters of the police and relative impunity that has been
enjoyed by those that torture and mistreat inmates.
Nonetheless, local human rights organizations have already
reported improvements in prison conditions and reduced claims
of torture and abuse. Post will push for further reform,
including transferring jurisdiction of torture cases from
police to civilian courts, and will look for avenues to
support on-going efforts. End Summary

A Culture of Torture and Impunity
--------------


2. (SBU) The extent to which torture and mistreatment exists
in Jordan's prisons is currently under debate. International
and local human rights groups largely agree that torture is
not official government policy nor is it a systemic problem
throughout the entire prison system. The real question is
the pervasiveness of a "culture of torture" and the extent of
impunity for prison officials who abuse prisoners. On one
hand, international groups like Human Rights Watch (HRW) and
Amnesty International claim torture continues to be
"widespread." In an October 2008 report, HRW documents
severe cases of torture based on prisoner interviews as well
as an acute failure to investigate and punish abusive guards.
Over fifty percent of those interviewed by HRW claimed they
were abused in some form. On the other hand, local
organizations like the National Center for Human Rights
(NCHR) and the Adaleh Center for Human Rights claim torture
comes at the hand of individual prison wardens and guards,
who have enjoyed relative impunity. They state, however,
that recent reform efforts have diminished cases of torture
and a culture in which prison guards and wardens believe they
have the authority to take any actions, even abusive ones,
they deem necessary.


3. (SBU) Despite disagreement on the extent of maltreatment
and torture, nearly all point to impunity as a continued
hindrance in the prevention of future cases of torture. In
2007, Jordan amended the penal code (Article 208) to
criminalize torture. Observers, however, state that the
definition of torture is not clearly defined nor are the
sentencing guidelines. Article 208 provides penalties of up
to three years' imprisonment for the use of torture and
states that hard labor be given to the official when the
torture inflicts "sickness or bodily harm." The Public
Security Department (PSD),or national police, interprets
hard labor to mean a 3 to 15 year sentence but human rights
lawyers state this is ambiguous wording at best. To date,
Article 208 has not been used in any cases. Participants at
an Embassy-hosted lunch on July 16 to discuss prison
conditions and torture all agreed that legislation, though
improved, does not yet conform to United Nations Convention
Against Torture(UNCAT) and is not stringent enough to deter a
culture of abusive behavior. NCHR is currently reviewing all
legislation related to law enforcement and correctional
facilities, including Article 208, and will recommend a
legislative reform package to the government.


4. (SBU) Human rights organizations also continue to
criticize the use of police prosecutors and courts to
prosecute and convict PSD personnel, especially when
allegations of torture are involved. Numerous PSD officials
have told Poloffs that there is no plan to eliminate police
courts because they insist their courts hand down stiffer
punishments than civilian courts as they are "held to a
higher standard." PSD officials also point out that either
the defendant or the victim can appeal to a civilian appeals
court. Critics counter PSD claims of "being held to a higher
standard" by pointing to examples of continued leniency. In
one 2007 case, for instance, a prison warden was sentenced to
only two-months imprisonment after he ordered the beatings of
several hundred inmates. Despite numerous protests from

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activists and the reforms outlined in this cable, the police
court's jurisdiction is not under discussion.

Large-Scale Prison Reform Planned, MOJ To Take Control
-------------- --------------


5. (SBU) The Jordanian government, with international donor
support, has initiated a process of wide-scale prison reform.
At the center of the planned reforms is the transfer of the
Rehabilitation and Correctional Department from the PSD to
the MOJ. This restructuring is expected to facilitate a
greater role for ministry officials and other civilian
authorities in the prevention of abuse and proper handling of
torture allegations. The PSD, MOJ, and NCHR have told
Poloffs that this transfer will come slowly over the next
couple years and in stages. The plan is to first transfer
the department out of PSD and make it a separate department
in the Ministry of Interior (MOI) alongside the PSD. In the
meantime, the MOJ will build its capacity to handle its new
authorities and create a unit to receive and lead the
correctional department. The transfer from the MOI to the
MOJ could take a couple years according to contacts.


6. (SBU) A series of other institutional reforms have either
been completed or are being planned. To create an active
prevention system and institutionalize inspections, a
national monitoring team with MOJ, PSD, NCHR, and NGO
representatives is being formed. In this regard, the
government also prepared an amendment to the Rehabilitation
and Correctional Center Law giving MOJ staff the authority to
conduct on-the-spot and planned inspections of prisons
(currently only the Minister himself has this authority).
The amendment is currently with parliament for consideration
in the summer extraordinary session. (Note: There is
speculation this amendment will not be considered in the
extraordinary session due to parliament's full agenda. The
regular session of parliament will start in the fall. End
Note) The PSD and MOJ have also agreed that a civilian
prosecutor will work alongside police prosecutors when
investigating allegations of torture. Police courts will
still have jurisdiction over torture cases involving police
officers but PSD officials tell Poloffs they are trying to be
more transparent in their investigations and prosecutions.

New Hiring and Training Programs At Forefront of Efforts
-------------- --------------


7. (SBU) The dearth of qualified and fully trained personnel
in Correctional and Rehabilitation Centers (CRC) is often
stated as a root cause of torture in Jordan. Relatively
difficult working conditions for both PSD and medical
personnel combined with poor compensation meant that
recruitment was difficult, resulting in under-staffing,
unqualified personnel and job dissatisfaction for those
assigned to prisons. Simultaneously, the inability of the
Ministry of Health to adequately assign and retain personnel
to work in correctional facilities also led to poor medical
care.


8. (SBU) To address the above problems directly, the PSD has
instituted an incentive program to attract the best potential
candidates and is bolstering the training regimen for all
staff. The incentive package includes additional leave,
assignments near their hometown, and financial incentives and
allowances. The PSD states, and local NGOs agree, that these
incentives have already resulted in a more skilled and
content workforce in prisons. The PSD is also directly
hiring 90 to 100 social and medical specialists instead of
relying on relevant ministries to provide the staff. Similar
incentives are also being offered to these personnel and,
according to the PSD, over 500 people have already applied
for the 90 to 100 slots.


9. (SBU) The PSD also designed a new "development program"
for all CRC personnel that includes several new training
courses. NCHR and the International Committee of the Red
Cross (ICRC) helped develop the courses and are providing
some of the training. To date, 850 of the approximately
3,000 commissioned and non-commissioned officers in CRCs have
undergone the training. Remaining personnel are schedule to
complete the training in 2009 or 2010. Separately, the
Adaleh Center, which assembled and leads a national team
torture prevention team, continue to train officers, judges,
and prosecutors in the military, general intelligence (GID),
and PSD on human rights law and international conventions and
standards related to torture. The British Embassy provides
the funding for this training.

PSD Generally Trying to Improve Prison Conditions
-------------- --------------


AMMAN 00001746 003 OF 005



10. (SBU) The PSD, with government and NGO partners, is also
implementing a long list of activities designed to generally
improve the treatment and care of inmates. (Note: In some
cases, the program is first being piloted in one or two
prisons before full implementation. End Note.) Just a few of
the measures being undertaken include:

-- Education and vocational training opportunities increased,
including a school for inmates to receive a high school
degree.
-- Libraries enhanced with 35,000 new books.
-- Family visits increased to three times a week plus
holidays.
-- Cultural activities and awareness campaigns on social and
health issues increased.
-- Minimum wage ($210/month) and social security benefits for
inmates working in prison.
-- Free medical days with a range of specialties visiting the
prison (in addition to normal health care).
-- Liaison officers from relevant ministries placed in
prisons to streamline services.
-- Pre-release program to provide counseling and assist with
post-release employment (project financing is also available).
-- Two month therapy and rehabilitation program for newly
incarcerated high-risk prisoners at the super-maximum
security prison.
-- Program with religious scholars and leaders to combat
extremism for identified inmates. (Thirty-six inmates have
reportedly been reintegrated into the general prison
population after the program.)


11. (SBU) New regulations to introduce a reward system of
good behavior have also been developed. Currently an inmate
serves only nine months for every year of his/her sentence.
Under the new system, the inmate would serve the full year
but could either receive reduced time for good behavior or
increased time for infractions. Panels comprised of social
workers, psychiatrists, and prison officials will annually
review the file of each inmate and recalculate the time
remaining on the sentence. The regulations are currently
working their way through the MOI bureaucratic approval
process before eventually moving to Cabinet for final
approval. The PSD is also developing a manual to inform
officials about revised calculations for sentences.


12. (SBU) Overcrowded prisons are being addressed through the
construction of five new CRCs. There are currently 13 CRCs
throughout Jordan, in which fifty to sixty inmates are often
crowded in one large cell. The five new CRCs, all scheduled
to open by the end of 2010, are designed with smaller
occupancy cells to both improve living conditions and for
better control and oversight. A newly built super-maximum
prison is already functional. There is also one facility
designated for women. The PSD hopes that the new facilities
will significantly improve conditions and point to
significant and unexpected growth of the prison population
from approximately 6,000 in 2007 to 8,500 in 2009 as a reason
for overcrowding.


13. (SBU) New inmate classification regulations have also
been completed with the revised procedures already
implemented in two prisons. The new procedures classify and
separate prisoners based on the type of crime, whether or not
it is a repeat offense, and other factors.

Current Assistance Programs To Combat Torture
--------------


14. (U) The government has not undertaken the aforementioned
reform efforts alone but has relied on financial and
technical support from several European donors. At the
forefront of these efforts is a new two-year program with
Danish funding - Karama. Karama was launched in May and is
designed to prevent torture by ensuring that such acts are
criminalized, investigated, prosecuted, and punished. The
program is being implemented by a Danish NGO, the
Rehabilitation and Research Center for Torture Victims, in
partnership with the MOJ, PSD, NCHR, and Mizan Law Group for
Human Rights. The following activities will be conducted as
part of the program:

--Public prosecutors will receive advanced training in the
handling and investigation of torture cases. Additionally,
the MOJ will prepare a manual for judicial officials to use
in torture cases.

--The PSD will further incorporate torture prevention and
human rights standards in its training curriculum and
programs. A manual and instructions on the investigation of
torture cases will also be developed.


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--NCHR will establish a national coalition for the prevention
of torture comprised of both governmental and
non-governmental organizations. The Center will also form a
national monitoring team that will conduct on-the-spot and
planned prison inspections.

--NCHR will also develop legislative reform recommendations
for the Cabiner needed to bring national laws into accordance
with international obligations.

--Mizan will provide legal counseling and assistance to
torture victims and represent torture victims before the
court. Mizan will also prepare a manual and train lawyers to
provide these services.


15. (SBU) Two other donor-funded programs are also part of
the reform process. As previously mentioned, the Adaleh
Center, with British funding, has assembled a national
torture prevention team with the forensics institute, medical
professionals, human rights professors and activists, and
other personnel. The team has conducted numerous workshops
and trainings for GID, PSD, and military personnel on the
prevention and investigation of torture. Adaleh Center is
also the approved monitoring body for any individual
extradited to Jordan as part of a memorandum of understanding
between the British and Jordanian governments (ref B). The
EC has also twinned the Austrian rehabilitation and
correctional department with Jordan's CRC department to
further provide training and technical guidance.

What Remains?
--------------


16. (SBU) Most Post contacts are optimistic given the
government's recent focus on prison reform and the prevention
of torture, but they believe that there is a long road ahead.
Institutional reform, legislative changes, training, and a
whole host of interventions must be implemented in order to
meet international standards and best practices. Local NGOs
are focused on the current efforts outlined in this cable
which they believe address the core problem. They do,
however, admit that there are other areas that must be
further addressed. One area is better training for all
police on human rights and torture and not just those working
in CRCs. One contact working in this field recently noted to
Poloffs that citizens being "knocked around a little" by
traffic and other police is not an uncommon practice. There
also is not an adequately functioning post-release program,
where convicts are assisted in reintegrating into society and
monitored. While such a program may not directly address
torture, proponents state it will help decrease the number of
repeat offenders and is a fundamental part of rehabilitation
system. (Note: PSD reportedly may consider taking over this
responsibility from the Ministry of Social Development. Post
has also received a proposal for MEPI program funds for such
a program. The proposal is currently being reviewed by the
regional MEPI office. End Note) And, of course, most
observers are not pleased that police courts will continue to
have jurisdiction over torture cases in prisons.


17. (U) One example of the significant task at hand, is the
current poor state of health care in prisons. In February,
the Institute of Forensic Medicine, a Ministry of Health
department, issued a report stating "the conditions of
clinics within the jails are unsuitable and deteriorating."
The report also criticized the lack of psychiatric treatment
and follow-up. The director told Poloffs that the institute,
which conducts an autopsy for every prison death, has not
come across any recent cases involving torture per se but
that most deaths would have been avoided if the inmate was
prescribed needed medicine or given appropriate medical care
for existing and new conditions. The director welcomes the
hiring of new medical staff and additional training but
believes it will take some time to "clean up the mess."

Comment
--------------


18. (SBU) Comment: Some local observers claim that the
government was spurred to action only after numerous critical
public reports by both international and local organizations
and external pressures. Despite the motivation behind the
reform efforts, the intensive reform effort to combat torture
and improve prison conditions is impressive on the surface.
The question asked by many is how quickly and effectively the
reforms will be completed and if they are sufficient to
eliminate a "culture of torture" that has persisted.
Assistance from several European donors and international and
local experts should help keep the government on an
appropriate reform path. Nonetheless, Post will monitor the
reform efforts, continue to engage on the need to combat

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torture, and seek avenues to support on-going efforts.
Poloffs, for instance, recently discussed with PSD the need
for civilian authorities, not police courts, to prosecute
cases of torture as well as the need to eliminate the
administrative detention authority given to governors.
Officers from the political, consular, and regional security
offices also toured a prison recently and spoke with
prisoners one-on-one. End Comment.

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