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2007 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	100
75	In practice, do judgments in the criminal system follow written law?	100
76	In practice, are judicial decisions enforced by the state?	75
77	Is the judiciary able to act independently?	100
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	93

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments: Citizens have the right to appeal to the Higher Court.

References: Constitution, Chapter 2, Article 17: Jordanians are entitled to address the public authorities on any personal matters affecting them, or on any matter relative to public affairs, in such a manner and under such conditions as may be prescribed by law. [ LINK ]

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments:

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007

Peer Review Comments: I respectfully disagree with the assessment. Appeals in the Jordanian court system can linger, although criminal matters might be moved along more quickly than civil matters, which can languish for years.

See for example Freedom House's 2006 Report on Jordan in the Countries at the Crossroads Series:

"Though Article 100 of the Law of Penal Procedures stipulates that a defendant be given judicial review after 24 hours of arrest, the NCHR's 2004 report estimated that more than 5,000 individuals were held beyond this period in 2004. The 2005 report concluded that there has been no progress on curbing these violations. In addition, defendants are often denied timely access to legal counsel. The length of trials and delays are common complaints, along with denial of counsel during interrogation." [ LINK ]

Peer Review Comments: Appeals can take a very long time to be resolved.

Peer Review Comments: Sometimes there are delays.

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

References: Dr. Omar Aljazy, managing partner at Aljazy law firm, 12 October, 2007

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments:

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Constitution, Chapter 6, Article 98 Judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law.

Article 101 (i) The courts shall be open to all and shall be free from any interference in their affairs.

Independence of Judiciary Law #15 of 2001 [ LINK ]

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: The Judicial Council, which plays a central role in judges' appointments, is an independent body.

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: In Jordan, there are leveled courts. Cases are distributed depending on the amount and subject of the case. Also, the new computerized courts follow an automatic allocation of cases to Judges and it has proved to very effective mechanism in load distribution.

References: Civil Procedures Code No 24 of 1988 Criminal Procedures Code No 9 of 1961

Peer Review Comments: This is a close call, but I agree. I believe that court presidents have the authority to assign cases as they see fit within their courts. This power could theoretically be abused to punish or favor judges under their authority.

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Interview with Fayiz Shahin, Lawyer. Article 3 of the Judicial Independence Law # 15 of 2001 which stipulates that Judges are independent and no one has authority over them.

Peer Review Comments: The permanent removal of a judge from the bench is probably covered by the 2001 Law on Judicial Independence, #15.

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

79b: In practice, women have full access to the judicial system.

Score:

100

Comments: Women can access the Judicial System as any other citizen.

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007.

Peer Review Comments: MIZAN is one example of an NGO that works on behalf of women's legal rights in Jordan. Groups like MIZAN might be able to provide a woman's perspective on this question.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Criminal Procedures Law of 1961

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments: Some citizens cannot afford to bring certain legal suits.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments: Small retail business may not always afford to bring a law suit.

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: Interview with Dr. Ibrahim Aljazy, a professor of human rights at the University of Jordan, 12 September 2007

Peer Review Comments: There are courts located in various areas in Jordan.