VZCZCXRO3426
RR RUEHBC RUEHDE RUEHDH RUEHKUK RUEHROV
DE RUEHAM #1746/01 2151427
ZNR UUUUU ZZH
R 031427Z AUG 09
FM AMEMBASSY AMMAN
TO RUEHC/SECSTATE WASHDC 5654
INFO RUEHEE/ARAB LEAGUE COLLECTIVE

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 
 
AMMAN 00001746  002 OF 005 
 
 
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. 
 
 
AMMAN 00001746  004 OF 005 
 
 
--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 
 
AMMAN 00001746  005 OF 005 
 
 
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. 
 
Visit Amman's Classified Website at 
http://www.state.sgov.gov/p/nea/amman 
Mandel