Dr. Bassam Talhouni /Minister of Justice
If it is destined for the Minister of Justice to complete what he started and finished three-quarters of the way toward modernization related to 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 Ministry of Dr. Bassam Talhouni.
In the Constitution in spite of all the amendments that were made to it in the past decades, the text remained clear about the separation of the three powers (legislative, executive and judicial). However, the concept of independence of the judiciary remained bruised under the absence of definitive text, where the Minister of Justice has the powers of appointment of judges, for example. Also, many negative reviews remained and accumulated on litigation procedures and safeguards, which invoked a reform « intifada» that does not reduce its importance its coming under the urging international donors to Jordan while seeking to obtain guarantees that the reform packages and sustainability have been implemented. Dr. Talhouni has lived through these due reforms during his previous service in the two sectors, fully aware of the importance of the existence of guarantees and the prestige of the rule of law and dignity of the state as intended for the citizens to live and trust in various positions.
Earlier this year, there was a legal separation between the Ministry of Justice and the judicial body where there is no longer recommendation from the Ministry of Justice of the names of the judges for appointment. 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 him that there are legislative provisions to ensure a fair trial. As part of the reform updating package under the assumption of Dr. Talhouni, there is a new concept being introduced called alternative penalties or community sanctions. This concept aims that the punishment be depriving of liberty in some types of minor offenses that abound in prisons and places of detention. The reforms also are comprehensive to characterize the new criminal acts such as harassment, bullying, hooliganism and university violence and water theft.
Dr. Talhouni was born in the mid-sixties. He loved Arabic language and giving speeches even before he practiced the law. His experience in the sectors has given him a deep knowledge of corruption and ways to control it. So he frequently makes surprise field visits to diagnose in person bureaucratic the problems or corruption. But during his presidency of the Directorate of corporate control department and his 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.
The proposed amendments to the penal code in the end shall fall under the reform package. However, some of the them have raised misgivings such as the criminalization of strikes that are now described as the disruption of the vital facilities and interests accidentally or deliberately. How do reconcile between constitutional rights to freedom of expression and the trend to criminalize the strike, which is considered among many at home and abroad as a kind of freedom of opinion?
Constitutional rights are inviolable for every citizen, as I said earlier in this meeting, there id no contradiction between the existence of legal provisions that criminalize disabling the interests of the state and public facilities and the impact on society in general, and between public freedoms. I say we must separate between the constitutional rights of people and citizens and individuals, and between the existence of legal provisions criminalizing who deliberately and intentionally disrupts and destroys vital facilities that benefit the individuals within the community. We must differentiate between the two.
We suggested that the person to be punishable in the draft penal code is only who deliberately harms the interests of the state and public facilities and affects the interests of individuals within the community. The rest of the rights shall be safeguarded in the text of the Constitution and will not be compromised.
The proposed amendments also include the criminalization of acts so-called hooliganism, university violence and water theft and the toughening of sanctions.
We all know that water is an essential element for people. Certainly when we see that there is an attack on the water and on its sources, the penalty must be re-examined, whether the punishment is direct or indirect of the type of precautionary measures and confiscation and others. It must be reconsidered. As I mentioned in the beginning, if there were certain acts, they must be revised to see whether the existing punishment commensurate now with the act or not. We have found that water has become a strategic element for the citizen. Its importance increased now because there has been a scarcity of water, and the person who steels water, his penalty shall be tightened.
The subject of harassment, it seems that there is nothing in the current criminal law a specific definition for it which intersects with public decency law. What is in your opinion the real size of the phenomenon of harassment? Is it true that it has become a nature of mass harassment, not only individual? Civil society associations are calling for harsher punishment and defining the concept of harassment and diversification in criminal and community penalties such as Al_Ta’zeer and defamation.
The harassment did not have obvious features in the Penal Code, and I think that the punishment now within the provisions of the applicable law is not sufficient. So we presented a revised draft of the Penal Code in which the crime is best made clear, and toughened the punishment.
What I want to point out is that the harassment is not a social phenomenon. The people respect each other and the religious trend. Now harassment is in some individual acts in our society and in any society, even in the high-end, sophisticated and large communities we always see this phenomenon exist, but as I pointed out that the punishment must be clear in the law.
We in Jordan have the problem of protracted litigation dilemma where some cases take years. This case haunts ordinary people and alienates investors who do not guarantee the speed of deciding on controversial issues?
The subject of litigation is a important subject and has a large and clear impact on the subject of attracting investment. Any citizen and any dealer and anyone are interested to get their rights at the right time, because we know that justice is delayed means justice is denied , but the speed or speed up procedures should not affect the so-called justice, ie, you take your right in full
So the problem is not in the adequacy of the number of judges?
Yes. The number is sufficient as per the global proportions of the judges taking into account that the population increases and the number of cases increases, so we said we should be considering a serious alternative means and solutions before referring disputes. For example: mediation, judicial and private arbitration and resolving small disputes by judicial committees. It is not necessarily that all the issues go to the courts for disputes. This is part of our strategic plan, and now we adjust the Code of Civil Procedure until we get to this.
Complaints are related to the process of reporting by affixing and the quality of bailiffs and sometimes frequented suspicions about the seriousness of the implementation of the notification.
I believe that it is necessary to improve the notification mechanism. Certainly, there was our feedback on the issue of notification, so there has been an amendment to the Civil Code that committed every Jordanian citizen to put his address with the Department of Civil Status to be used. The problem of addresses will now be solved after we set them in the Department of Civil Status. This talk will also include mechanisms to think of a new reporting process. Possible to have companies that reported better, but we have companies that can expand its role in the issue of this notification. This is my point of view.
By the way, the interview with His Majesty the King in Aqaba and in the House of Prime Ministry for the need to update tools to attract investment and reform the investment environment is a talk that touches the Ministry of Justice on the side of litigation laws and obstacle of limitation time for trade issues and arbitration and reconciliation and other things that has to do with investors.
We are aware of this role as a ministry for justice, so we are working continuously within the directives of King Abdullah to do everything possible to improve the investment environment. We have started as a ministry since 2013 to prepare a future plan, and now we are continuing this plan affecting legislation and the topic of investment directly.
Previously I referred to the Code of Civil Procedure and to the Implementation Law, these laws were reviewed, and this will have a significant return on investment in terms of the legislative environment.
Also procedures within the courts are relevant, and many of our paper work turned into electronic, making it easier for people on the subject of investment. As for the law of arbitration, we have revisited legally to be an attractive for the investment environment in Jordan.
Do have any role in the Housing Bank issue in the social security portfolio and consider arbitration in the issue out of the country?
Not directly as the Ministry of Justice, but we are interested in follow-up as a government.
What is the size of the challenges and burdens that have occurred in the justice sector as a result of hosting Syrian refugees, including increased pressure on the courts and the high rise of cases filed in courts?
True, there is pressure on the courts, especially in host communities hosting the refugees, specifically in Ramtha, Irbid, Mafraq, and also Amman. It must be emphasized that this has caused pressure on the courts and on the infrastructure and the judges in those courts.
Did you live the peculiarities of the stages of your life worthily?
Certainly, every age has its specificity and beauty. It is a mistake that man does not live the stages and gives it its right. I think I lived just like any other young adolescence, and young men and we had colleagues we got to know through the university period and for each of them the respect and appreciation, and I can say I lived my life and enjoyed it.
? Do you go much to your hometown?
I apologize for doing it so little at the present time because of my working conditions, but in contrast I communicate with many, many friends and family and that my office door is always open for them and hello everyone.
Have you ever thought to run for the parliamentary elections?
I do not think so. The reason I see my myself I can serve the people and my country outside the framework of the Parliament more than in it with the conviction of the importance of parliamentary work for the functioning of the democratic process in our dear country
As a son Ma’an why is the high wall all around the house?
The matter lies in the construction method, which is without doubt one of the peculiarities of our people in Maan. It is also a feature .The High wall was found in order that the family be comfortable in its home, because most of the courtyard of those houses are open and they find high wall an outlet for them in the days of hot summer nights, and as I remember that my grandfather's house and my uncles and aunts were spending more of their time in the courtyard of the house with high walls and find fun and make them feel freely in their sessions.