JORDAN: INTERIOR MINISTER DEFENDS ADMINISTRATIVE

C O N F I D E N T I A L AMMAN 002553

SIPDIS

E.O. 12958: DECL: 11/23/2019
TAGS: PGOV PHUM KJUS JO
SUBJECT: JORDAN: INTERIOR MINISTER DEFENDS ADMINISTRATIVE
DETENTION

REF: A. AMMAN 2490

B. AMMAN 2451

C. AMMAN 1885

D. AMMAN 1746

Classified By: Ambassador R. Stephen Beecroft for reasons 1.4 (b) and (
d).


1. (C) Minister of Interior Nayef Al Qadi defended the use of
administrative detention during a November 21 workshop with
the country's governors. Governors have the authority under
the 1954 Crime Prevention Law to administratively detain
citizens who "pose a danger to the public" without trial or
indictment. The detention order can be up to one year but
governors can impose new orders to prolong detention. Al
Qadi told governors that administrative detention is not a
threat to human rights but instead guarantees freedoms by
providing the community security and stability. The
workshop, arranged in coordination with the International
Committee of the Red Cross, included discussions on human
rights terminology, application of the Crime Prevention Law,
and differences between administrative and judicial detention.


2. (C) International and local human rights organizations and
activists have long called for Jordan to end the practice of
administrative detention. Human Rights Watch and Amnesty
International both released reports in early 2009 that
sharply criticized the application of the Crime Prevention
Law. They condemned the use of vague detention criteria that
can easily be abused by governors, and they specifically
cited the practice of administratively imprisoning
individuals in the absence of sufficient evidence to convict,
prisoners whose sentences have expired, and women at risk of
being victims of honor crimes (Note: Women allegedly involved
in compromising personal circumstances may require protection
from their own families in order prevent their probable
murder. These women often languish for years in
administrative detention. End Note.) Local human rights
organizations also remain vocal. The National Center for
Human Rights (NCHR),for instance, has called on the
government to amend the 1954 legislation to ensure that
administrative detention is "based on sound grounds and
detention is only enforced upon a judicial order." NCHR's
2008 Human Rights Report indicates that around 12,000
Jordanians were administratively detained in 2008.


3. (C) Comment: Ministry of Interior and police contacts have
repeatedly told Poloffs that governors generally only apply
the Crime Prevention Law in special circumstances to protect
the public and that the use of administrative detention is
declining. They also point to the government's amnesty of
nearly 400 administrative detainees during the year as
evidence they understand concerns over the law's application.
Al Qadi's statement appears to fly in the face of wide
criticism of the Crime Prevention Law. The statement,
however, comes in the wake of increased tribal and student
violence and strong popular disapproval of the government's
overall handling of the violence. In fact, many contacts and
the media have voiced a lack of confidence in the
government's ability to adequately guarantee safety. This
sentiment may be the motivation for Al Qadi's strong defense
of the Crime Prevention Law. If so, the Ministry is taking a
defensive approach to tackle the elevated rate of social and
tribal violence instead of working to improve its human
rights record and gaining trust of citizens through
transparent government mechanisms. The Minister appears to
be gambling such statements will exude a feeling of security
instead of eliciting a backlash from those that feel the rule
of law in under attack. End Comment.
Beecroft