A/HRC/7/3/Add.2
page 59
252.
Recommendation (f) stated: The right to legal counsel be legally guaranteed
from the moment of arrest;
253.
According to non-governmental sources, there is some discussion in the Royal
Court of a change to the law to make this right explicit. Practically, the GID and the PSD
have not put steps in place to ensure this right, such as publicizing or making available a
list of local lawyers that detainees can call. The Lawyers’ Association also has not taken
the initiative to provide paid or unpaid services by its members to detainees through
creating a duty roster of lawyers, having a 24 hour contact number when a lawyer is
needed, or other such mechanism.
254.
Recommendation (g) stated: The power to order or approve arrest and
supervision of the police and detention facilities of the prosecutors be transferred to
independent courts;
255.
According to non-governmental sources, discussion of this recommendation has
not entered any but the remotest parts of the Government.
256.
Recommendation (h) stated: All detainees be effectively guaranteed the
ability to challenge the lawfulness of the detention before an independent court, e.g.
through habeas corpus proceedings;
257.
According to non-governmental sources, habeas corpus proceedings do not
exist in Jordan. Detainees can seek release from custody pending trial in bail hearings.
However, two categories of detainees find obtaining bail hearings, or bail,
extraordinarily difficult, if not impossible:
(a) Administrative detainees: The provincial governor, an appointed position
reporting to the Minister of Interior, can set bail for persons he arrests
administratively. Frequently, the governor refuses to accept the bail put forward
by family members. One of the largest categories of administrative detainees
comprises those who, after obtaining bail from a regular court in a criminal case
against them, are put under administrative detention the minute they leave the
court. Administrative detainees can challenge the legality of the governor’s
procedures against them at the High Court of Justice, but few have the means to
pursue such a challenge.
(b) Detainees in GID: Such detainees can demand to see a lawyer to seek a bail
hearing only in the presence of the military public prosecutor. If, as is the norm,
the detention authorities decide not to physically bring the detainee to the
prosecutor’s office, the detainee has no way of appointing an attorney and
seeking a bail hearing. Even in the rare cases where attorneys have represented
GID detainees during pre-trial proceedings, the prosecutor has ignored orders by
the State Security Court, or the Court of Cassation in second instance, to forward
the detainee’s files to the court so that it can determine bail, keeping the bail
request suspended.
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