Jordan Times
Monday, May 24, 1999
Minister of Justice Hamzeh Haddad on reforming the
judiciary:
'Judges will bear the responsibility for their mistakes'
By Rana Husseini
AMMAN — Minister of Justice Hamzeh Haddad said the government plans to tighten punishment against civil court judges if they commit mistakes that could lead to the imprisonment of innocent people.
The plan, currently under study, is in response to growing popular criticism over the fate of Jordanians sentenced to several years in jail and later found innocent or those who are detained for months and often for years, pending trial.
“Judges will bear the responsibility for any mistakes they make, and we are studying a new proposal that will include forcing judges to pay higher fines that could reach millions in compensation for their judicial mistakes,” Haddad told the Jordan Times.
Haddad, a prominent lawyer and a human rights activist, told the Jordan Times that the ministry is also working on a draft law to safeguard judicial independence.
These proposals are part of projects to improve the Kingdom's judicial process and deepen popular trust.
“The draft law on judicial independence is being reviewed by Chief of the Higher Judicial Council [Taher Hikmat] who is expected to give it to us during this week in order for us to refer it to the Council of Ministers before the end of this month,” Haddad added.
In his letter of designation to Prime Minister Abur-Ra'uf S. Rawabdeh, His Majesty King Abdullah called for greater support to the judiciary “through a law that ensures its independence, through the improvement of judges' working conditions and by promulgating legislation that governs the judicial process in order to facilitate and speed up the process of securing the rights of all.”
Many prominent judges, lawyers and human rights activists have repeatedly complained that the government interferes in the affairs of the judiciary through the appointment of judges.
Hence, transferring the judicial affairs authority from the justice minister to the chief of the Higher Judicial Council is one of the main features of the draft law, Haddad said.
“This gives almost full independence to the judiciary as the chief of the Higher Judicial Council will have jurisdiction over administrative, financial and other related aspects,” Haddad stated.
The only prerogative the minister is expected to retain is recommending the appointment of the chief of the Higher Judicial Council. However, the nomination should be endorsed by the council of ministers and a Royal Decree.
Former chief of the Higher Judicial Council Farouq Kilani, who was removed from his post last year amid controversy, has insisted in all public appearances that the judiciary will never be independent as long as ministers and influential officials interfere in cases at courts.
Haddad said the ministry is also exploring plans to improve the welfare of the country's 519 judges by increasing their salaries. He was also planning to increase the number of judges to replace those who are promoted.
He is also considering ways to speed up legal proceedings in cases under review in civil courts by increasing the number of judges and giving them wider prerogatives.
Citizens and attorneys alike have often complained about the slow pace of court proceedings, that often can grind on for as much as three years before judges can issue a final verdict.
“Our ambition is to minimise bureaucratic procedures and speed up court proceedings by concluding trials and revisions by higher courts within a maximum one-year period, with the exception of cases that involve more than one plaintiff,” he said.
The ministry is also considering amendments to the 1960 Jordanian Penal Code which many lawyers have labelled as outdated. Existing legislation does not meet modern requirements and economic globalisation.
He said partial amendments involving “family crimes” such as rape, adultery and crimes of honour had been introduced by the ministry.
He declined to elaborate on the nature of these changes which must be endorsed by Parliament and then by Royal Decree before they take effect.
Women and human rights activists have long called for an amendments to Article 340 of the Jordanian Penal Code which provides reduced penalties or waives penalties to males found guilty of killing female relatives for “immoral behaviour.”
They have also demanded changes to an article on rape under which aggressors can have charges dropped if they wed their victim. The activists want the offence to be punishable, as in Egypt.
Haddad said the ministry is also revising the prosecutor general's authority to hold people for extended periods during the investigation of cases.
“The suggested procedure to overcome such a problem is to refer the plaintiff to court as soon as possible, and ease up the bail procedures in most cases, with the exclusions of criminal offences such as premeditated murder, manslaughter and crimes of honour,” he said.