Human Rights in Jordan - Arrest, Detention, Fair and Speedy Trials, and Prison Conditions

Arrest, Detention, Fair and Speedy Trials, and Prison Conditions

Jordanian law prohibits arbitrary arrest and detention, but according to local and international human rights groups, the government does not always observe these prohibitions in practice.

Citizens and NGOs allege that the government continues to detain individuals, including political opposition members, for political reasons, and that governors continued to use administrative detentions for what appeared to be political reasons. In a few cases, the media and human rights organizations reported that authorities kept detainees in solitary confinement and denied them access to lawyers.

Human rights observers claimed that police make arrests before obtaining warrants and prosecutors fail to file charges or seek extensions in a timely manner. Prosecutors routinely request and are granted extensions that increase the period to file formal charges to as long as six months for a felony and two months for a misdemeanor. This practice can lengthen pretrial detention for protracted periods. Some detainees report not being allowed timely access to a lawyer, but authorities generally permit visits by family members.

In facilities operated by the General Intelligence Directorate (GID) there are allegations of long periods of incommunicado detention, lengthy pretrial detention without being informed of charges, and not allowing defendants to meet with their lawyers or permitting meetings only shortly before trial.

Under the Crime Prevention Law, provincial governors may detain individuals suspected of planning to commit a crime or those who allegedly shelter thieves, habitually steal, or constitute a danger to the public, and in practice they used this provision widely. Those accused are subject to imprisonment or house arrest as "administrative detention" without formal charges. A detention order may be for as long as one year, but governors can impose new orders to prolong detentions. International and national NGOs noted that governors routinely abused the law, imprisoning individuals when there was not enough evidence to convict them and prolonging detentions of prisoners whose sentences had expired. The law was also widely used to incarcerate women at risk of being honor crime victims.

Jordanian law provides for an independent judiciary; however, the judiciary's independence in practice may be compromised by nepotism and the influence of special interests.

The law presumes that all defendants are innocent until proven guilty. Juries are not used. Most trials in civilian courts are open and procedurally sound, but the State Security Court (SSC) may close its proceedings to the public. Defendants are entitled to legal counsel, provided at public expense for the indigent in cases involving the death penalty or potential life imprisonment. In many cases defendants have no legal representation. Defendants can present witnesses on their behalf and question witnesses against them. Defense attorneys were generally granted access to government-held evidence relevant to their clients' cases. Defendants can appeal verdicts and appeals are automatic for cases involving the death penalty.

There are significant problems with the conditions in prisons, including poor legal services, under staffing, inadequate food and health care, poor sanitation standards, poor ventilation, extreme temperatures, inadequate access to potable water, ineffective pre-release and post-release programs, and insufficient basic and emergency medical care. Some detainees report abuse and mistreatment by guards. Hunger strikes remain common, but prison riots and allegations of mistreatment have decreased. The construction of four new prisons reduced overcrowding somewhat.