A/HRC/11/29
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between conflicting rights and Jordan is one of those countries. That nobody has yet been
brought to court under the Law gives an indication of how keen the authorities are not to apply
the Law unless it is absolutely necessary. Jordan, as well as various States and international
organizations, is seeking balance between the protection of human rights and the prevention of
terrorism.
13.
On religious freedoms, article 14 of the Constitution stipulates that” The State shall
safeguard the free exercise of all forms of worship and religious rites in accordance with the
customs observed in the Kingdom, unless such is inconsistent with public order or morality.”
The law represses any insults to any religion, place of worship or group of people engaging in
their religious rituals. It also bans any caricatures or publications that can defame or ridicule any
religion. With respect to the query submitted by the Netherlands concerning cases against people
wishing to change their religion, Jordanians enjoy freedom of worship, but there are certain
issues connected with the rights of others that would affect those wanting to change religion,.
This relates not to the right of freedom of worship but to the practical consequences regarding,
for example, the legitimacy of the marriage, the children and the inheritance. The laws concerned
are being applied very carefully and in perfect transparency.
14.
In regards to the right to freedom of movement, the Constitution underlines the right of
people to move freely (Article 9). Jordanians are not obliged to live in one specific place.
Passport Law No. 5 of 2003 entitles everybody to obtain a passport to travel to any other
country. Foreigners enter and leave Jordan freely.
15.
Criminal Code No. 16 of 1960, and its amendments, protects the right to life and physical
integrity. It prohibits individuals or authorities from putting an end to anybody’s life and no
human being can forsake his right to life. The Code criminalizes premeditated murder, homicide,
manslaughter and crimes in which people could be harmed in any way. In Jordan, torture is
criminalized in a manner commensurate with the provisions of the Convention against Torture
(CAT). Jordan is committed to condemning torture and never overlooks acts that could be
perpetrated in this respect. However, Jordan does not deny that there are sometimes individual
cases of abuse or torture and very limited cases of maltreatment. Those responsible are
prosecuted for these actions and the State rejects any policies not in line with the respect of
human rights.
16.
Regarding the follow-up on the recommendations of the Special Rapporteur on torture, it
is difficult to follow those recommendations as they are based on undocumented and imprecise
information. The cases referred to were verified according to internationally accepted
procedures. Yet, the Government has taken steps to address cases related to torture and to protect
the rights of those individuals in places of detention and rehabilitation. Furthermore, under the
law, there are various organs that carry out inspections in the various places of detention, in
addition to the fact that there is an independent Ombudsman office which carries out transparent
and rapid investigations in cases of complaints.
17.
Capital punishment applies to certain extremely serious crimes and its use is very
restrained. A number of laws have been amended to align it with article 6, paragraphs 1 to 5, of
the International Covenant on Civil and Political Rights (ICCPR) and Jordan is working to limit
use even more. Capital punishment does not apply to juveniles or pregnant women and no
executions have been carried out since April 2007, so that in a sense this is a sort of moratorium
on implementation of this punishment.
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