Dr. Bassam Talhouni /Minister of Justice
If it destined for the current Minister of Justice to complete what he started and finished three-quarters of the way toward modernization of the judiciary and the Ministry of Justice (as part of the executive branch), it will be said later that the true independence of the third constitutional authority (the judiciary) happened after six decades of the Constitution, specifically in the term of the Ministry of Dr. Bassam Talhouni.
In the Constitution and in spite of all the amendments that buffeted it over the past decades, under the text and the clear separation of the three powers (legislative, executive and judicial), but the concept of independence of the judiciary remained wounded in the absence of a definitive text. The Minister of Justice has the powers of appointment of judges. Also many negative reviews remained and accumulated on litigation procedures and safeguards, which called for «intifada» to the reform that is not less importance under the urging international donors to Jordan seeking to obtain guarantees that the reform packages have been implemented and sustainable. Dr. Talhouni has these reform benefits during periods of previous service in the two sectors, fully aware of the importance of the existence of guarantees of the rule of law and the prestige and dignity of the state intended for citizens to live and trust in various positions.
Earlier this year, there was a legal separation between the Ministry of Justice, the judicial body where there is no longer the placement of the Ministry of Justice the names of the judges. There is also a project to amend the Penal Code and the Criminal Procedure Code in order to strengthen citizen's confidence in the penal system and reassure them that there are legislative provisions to ensure a fair trial. As part of the reform package update (SEO), Dr. Talhouni being the introduction of a new concept called alternative penalties or community sanctions, a concept that aims because the punishment not be deprivation of liberty in some types of minor offenses that abound in prisons and places of detention. Comprehensive reforms to characterize the new criminal acts such as harassment, bullying and hooliganism and university violence and the attack on water.
Abu Samir was born in the mid-sixties, culturally speaking on affection and Arabic eloquence even before the law was established stints. Experience in the sector given him a deep knowledge of the vocabulary in the control of corruption and ways to address them .So frequently in the ministry of surprise visits that result in the diagnosis of macroscopic bureaucratic problems or corruption. But during his presidency of the Directorate of corporate control and attempts to activate the powers of control over the business community, he was forced to resign and continues to insist on maintaining the confidentiality of the reasons for resignation, describing it as personal.
Two points fundamental questions begin their dialogue on the judiciary and justice in the state institutions, namely: the prestige of the state and citizens' confidence in the fairness of the criminal justice system. Question justification for these rules is that Your Excellency introduced in the Ministry of Justice program a set of steps and institutional reform, does not diminish the importance that some of them came at the request of donors and conditions.
The subject of the rule of law and the prestige of the state see them as a minister was amended from a fundamental principle and a certain perspective, I would say that justice laws and legal texts and apply them to everyone, equally, and the presence of open and shall be free from interference courts, respect for the independence of the authorities to each other, in the sense of the judiciary and the executive and the legislature, cooperation and coordination is required in accordance with the provisions of the Constitution. This is the main entrusted The main objective of commissioning the so-called rule of law, I have to have a clear legal text, conditioning the citizens in terms of rights, duties and responsibilities clear, there is room for applied easily and conveniently. Understanding the citizen of this text also must be clear, and that law enforcement agencies have the powers through which the provisions of law applicable to the citizen, and contrast of the citizen has the right within the legislative channels in general, whether instructions, system, law, constitution, to own tools possible to challenge these decisions regardless of what form it takes, whether administrative decisions, legal, or criminal. Now if we were able to provide this atmosphere that the meaning of the citizen that we first imply the rule of law and in the second phase implies the prestige of law and the prestige of the state.
From my point of view, the laws and legislation need from time to time to review some of the particles and to inform, modify and cancel and replace them laws, but if we look at the first part of our Constitution, it is independence between the three authorities. Our laws where the capacity of existing base legal available, General texts abstract addresses the total, which all citizens, in the sense that it is equal among citizens because the constitutional provision says that all citizens are equal in rights and duties, and the constitutional text says that the three branches of government to work together in cooperation, but there is independence. The Constitution does not provide frankly independence but manifestations of constitutional provisions in the Constitution shows that the judiciary is independent from the executive branch, with evidence that the Constitution spoke that judges are independent with no authority over them except by law, and forbidden for anyone to interfere in them . Our courts also safeguarded of intervention, the legislature has the power to control legislation and the executive branch, and the executive is the owner of general jurisdiction in accordance with the provisions of the Constitution. Now this is applied, legal texts and the existing legislation, but applied or not applied this is what always leave it until the three authorities operate it. Legal text be located in the hands of the judge, and must focus on is the proper application of the legal text. There should be training and awareness and monitoring and follow-up to the process of implementation or enforcement of the text, whether enforcement authorities or law enforcement or by the courts.
And complaining of delays in the follow-up process?
Who said that we are running late, there is follow-up. The judicial system continues, and the executive staff follows up, all of the entities responsible for the constituent.
Progress is achieved by the day, I want to talk, for example, the Ministry of Justice: We have in the ministry follow through employee evaluation and training and through targeted training courses for staff in the process of applying the law and deal with the citizen and the responsibilities of public administration and how to ensure that these things have been achieved or not achieved. Also the judiciary has of his legislation and follow up, as well as the issue of the legislative power, the process of follow-up there, but what is required is the sustainability of this follow-up and that there is a benefit from these reports, and to establish that there is an indication, that is measured these indicators until we see progress that'll get him , and then make sure that this entity is reflected in the public employee, and whether the result achieved or not achieved.
To what extent share the convictions of many people that the prestige of the state and the rule of law that needed a lot to us to restore?
At a time, some thought that the prestige of the state detracted, but the prestige of the state has never detract, it exists, and you talk about it in the beginning is the one who ensures that the prestige of the state is always at the top of stages. Now how to recover it? Is originally did not even go to recover, this from my point of view, they are there, but it is important to strengthen it, as officials and citizens, citizen Respect for the law is to promote the prestige of the state.
And to what extent you personally reassured the confidence of ordinary citizens with integrity and efficiency of the penal system litigation mechanisms?
Our penal laws and the Code of Criminal courts are considered almost basis in the identification of the general framework of the penal system in Jordan. These laws are reviewed and re-examined. Now the Penal Code there is a project to amend it, has a review of the most important texts in which first and which ensures a safe society., Interested citizen to be had confidence in the judicial system, and reassured that there are legal provisions that protect it as if it was the attack on the freedom or dignity or person. If these texts were reviewed, and here I am reassured , this will strengthen the citizen's confidence in the penal system.
Code of Criminal Procedure now being adjusted, meaning that it would be also there is confidence among citizens in the penal system. The audit of legislation, and procedures, and a review of practices that take place on the ground for the community to achieve security and also to maintain the dignity of the citizen, this will strengthen the citizen's confidence in the penal system. Also must assure the citizens that there are guarantees for a fair trial, and litigation procedures, when the person is assigned the charge to him there are procedures and texts define this issue. If the citizen reassured that there are legislative provisions to ensure a fair trial, in my opinion, this is a first for the citizen's confidence in the penal system phase.
Is the fair trial guarantees and the process of the investigation, also there are specialized courts in these matters, a penal matters and applied, in addition to questions of reform and rehabilitation centers, that we have the repair and rehabilitation of suitable centers, so that when citizens enter into this center, there are standards which rights standards available human, and achieve the goal of general deterrence and the private deterrence for that person, and that there is a rating and are dealing with these persons within the provisions of the law .... This will strengthen the confidence of citizens in the penal system.
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Some still remember the subject of resignation in 2012 as an observer for companies, a resignation that maybe it's time to show the causes:
Private personal reasons, and I prefer to remain a private figure, the issue is over it a long time, it has been completed.
It is said that your friendship and sibling with former President Zeid Rifai delayed arrival to the leadership responsibilities contained in the functional competence:
On the contrary, we are proud lineage relationship, thank God. Rifai family, the family of long-standing political and known families who have served the country and served His Majesty the King, but the fact did not have any effect as said, I thank God and thanks to God, I believe that my efficiency and I have a design and insist on my service and my King and the leaderships of the national and popular service that is worth all of us as Jordanians to serve this country, so wherever I find me scoff myself to serve the site when I can be.
Former observer to companies you are in contact with the issue of corruption in the private sector companies. What is the size that the corruption that caused you to take confrontational measures with many influential businessmen?
There was a clear irregularities in some of the companies I do not say all of them. We have successful companies, and I said irregularities and insisted that they say violations of the provisions of the law, lack of commitment by either company law or standards or governance or other procedures. Companies Controller him only that these irregularities is made, what was happening because we monitor these irregularities and refer them to the competent authorities, both anti-corruption body or the public prosecutor or the judiciary. The party which states that there is corruption or not, not the observer companies but authorities having jurisdiction. Companies Controller puts his hand on the citizen and insider imbalance, if there was a defect is he writes a report and sends it to the concerned party. There was enabled to provisions of the law and I set out with the participation of the team who worked with me that there not be any leniency with any violation found in this topic
class=MsoNormal> Abu Samir was born in the mid-sixties, culturally speaking on affection and Arabic eloquence even before the law was established stints. Experience in the sector given him a deep knowledge of the vocabulary in the control of corruption and ways to address them .So frequently in the ministry of surprise visits that result in the diagnosis of macroscopic bureaucratic problems or corruption. But during his presidency of the Directorate of corporate control and attempts to activate the powers of control over the business community, he was forced to resign and continues to insist on maintaining the confidentiality of the reasons for resignation, describing it as personal.