Dr.. Bassam Talhouni and Minister of Justice
If the amount of the current Minister of Justice to be completed what he started and cut him three-quarters of the way toward modernization and counts related to the judiciary and the Ministry of Justice (as part of the executive branch), Vsiqal later that the true independence of the third constitutional authority (the judiciary) happened after six decades of the Constitution, specifically in Ministry d. Bassam Talhouni.
In the Constitution and in spite of all the amendments that buffeted 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 under the bruised absence of definitive text, where the Minister of Justice the powers of appointment of judges - for example - and thus has them Mianeh procedural. Also it remained and accumulated many negative reviews on litigation procedures and safeguards, which «intifada» summoned the reform does not reduce the importance it also came under the urging international donors to Jordan is seeking to obtain guarantees that the reform packages have been implemented and sustainability. Dr. Ayesh Talhouni have these benefits reform 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 and is intended for citizens to live and trust in various positions.
Earlier this year 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 him that there are legislative provisions to ensure a fair trial. As part of the reform package update (SEO) d. 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 burdens housed. Comprehensive reforms to characterize the new criminal acts such as harassment, bullying and hooliganism and violence and the attack on the university as well as the water comes.
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 .. it's personal.
Let me come back to the issue seen by many in the rank basis of the importance of an independent judiciary as an authority unconstitutional third: Some international reports has been in the past years on record gaps in the concept and guarantees of independence of the judiciary in Jordan, including the separation of the Ministry of Justice and the judiciary borders On the subject of the ministerial placement names Judges:
Happened and amend the law with effect from the beginning of the year is no longer there and the recommendation of the Ministry of Justice the names of the judges. The new law independence of the judiciary doing a clear separation between the executive branch of the Ministry of Justice and between the judicial body. Chiron reports that her I think it was based on criteria no longer exists after the independence of the judiciary law.
Shaped the last year of a committee to amend the Penal Code completed the proposed amendments to the (130) out of material (474) Material .. What is the philosophy and goal that Aguenekm the need to make adjustments and the introduction of new sanctions? And international conventions to which Astahedvtm of these amendments be taken into account? ..
The Penal Code is designed by nature to two key issues, achieve general deterrence your philosophy of law and deterrence. Valmushara must first be assured that there is consistent between the perpetrator and the penalty or punishment act. It is necessary to review the sanctions permanently law until we see that consistency Verifier between acts and penalties in severity and nature and shape, and that he was still in the same way or change: Are sanctions still meet the need required of them? .. If we find as good keep it as it is but if was ineffective are tightened. This first issue, we learn that the acts committed and see sanctions and balance between punishment and act. This was a need to review.
The second matter of general deterrence and the private deterrence, when we apply the punishment should be deterred by the person who applied the penalty, and repeated again. Is this check penalties and acts in the law or not. If we found it did not materialize, it means that must be reviewed again.
General deterrence means that the community when he sees that the guilty person shall be subject to the death penalty, are deterred society or not? This also was among the reasons for the amendments.
The final thing is that we often get into new concepts criminal laws, including the Penal Code. We have introduced a new concept by which the so-called alternative penalties or community sanctions.
A new concept of alternative sanctions do not want him that the penalty shall be deprivation of liberty. In some types of petty crime we want punishment designed to reform the person and not to put it in prison and rob his freedom. So we put provisions in the law allows a judge to impose the so-called alternative punishment or community punishment which is not a deprivation of liberty.
New criminal phenomena that has become a haunt Jordanian citizen what extent the real danger? Details and figures to illustrate the extent of these phenomena?
There is a new crime phenomena certainly. Ten years ago we did not hear about cyber crime, for example. This new type of crimes that do not have to deal with new legal texts even limit them.
What is the danger to the individual and society?
Any phenomenon of crime pose a threat to society. Our goal is to keep the community safe, where people live safely and smoothly and quietly away from any dangers of their stares. I said previously that the Penal Code to ensure some of the legal texts that addressed some of the criminal phenomena that were not known in the past. That is also the phenomenon of bullying. We hear often that there are some people in some areas and imposes Khawat passes for a certain amount. This act is unacceptable. Maybe that legal texts do not cover this act with all Mstmlath, so we put in the new Penal Code are legal provisions even stop such acts, like that of extortion and hooliganism. In the latter we have seen that these acts may not be currently make up a large proportion of the risk to the community, but there are bound to be legal texts and punish organized and determined, she placed Doogie her legal texts even addressed.
Alternative sanctions is deprivation of liberty, and community-based sanctions and electronic surveillance, is said to have a high burden of prisoners and detainees service relationship after he doubled their numbers and their costs?
This side invites us to think about the dilution of the reform centers and prisons. Certainly it is taken into considerations the legislator. But also it concerns us to introduce new concepts keep pace with variables.
The difference between alternative sanctions, community penalties, the first is the broader title, and the second community sanctions are Title narrower to talk it ... Van replace negative punishment of freedom simple sanctions, meant to give the person who made a mistake an opportunity to serve the community, for example, in shelters and associations elderly ... etc ... are enjoined where the death, but the death of community, serve the community.
You have as attorney general tours or hidden surprise visits to the department not to condemnation in the Palace of Justice and other departments. Do you consider an administratively feasible or old method of control that is supposed to be institutionalized?
All countries in the world now turn to the so-called hidden Palmtsouk. And vice versa is part of our strategy until the present, has drawn the competent departments here that intensify the subject of mystery shopper, because I find a way to detect insider bugs on reality. Now required to charge in some cases to go is not disguised, but required him to go even seen the insider bugs, and go in unannounced visits, and this is what you've done, where I watched the situation from a distance, I sat among the people and saw how much treatment takes time, and I was able to find out where the problem administratively. After this visit, we took the decision to reduce the time of issuance of certificate of no condemnation from 50 minutes to 7 minutes, the usefulness of these benefits as a result of the otherwise visit.
As a member of the National Agenda Committee, some of you waiting for an assessment retroactively for the work of that Committee and the circumstances of its recommendations on the shelf and accuse some of them as the copy and translation of some of the documents adopted by the international Allippleralah and Jordan:
It was my participation in that committee personally benefited from participation, because it includes many people with relationship and the decision-makers etc, listened to their views in a timely manner and the glitches and the recommendations that they submitted to the Commission on the national agenda. In my opinion it was good recommendations, I have benefited them and take advantage of them as a person. What we are doing in general is a product of our experiences from multiple sites that worked out. Worked for me as a university professor where I stayed a long time in the Faculty of Law of the University of Jordan, and observers of the companies and a lawyer for the period are not short of time.
D Talhouni was born in Amman in 1964, he studied primary school in several public schools because of the movement of his father as a police officer from one place to another, from Jerash to gloss to Amman, where he studied at the Islamic Educational College, having earned a high school undergraduate study and received a master's degree from University of Jordan, and later earned a doctorate degree in private law from Edinburgh / UK University.
Your memories of the first phase of study?
I loved the subject of public speaking, I find that I have a special relationship with the Arabic language ... I loved her and I loved the words Aldzlah meaning and depth. When I was listening to these things were Tsthoeni and I try to use .. Orddha and talk to them. And also I grabbed a paper and read it aloud, Vdrepett myself on the rhetoric.
Other partial is that I had a love of exploration where engaged Scout. It was a lovely experience in this area I enjoyed very much.
From remember from classmates and reached advanced stages in the public work?
There are many Tboooa government positions and others of whom worked in the private sector doctors. In my mind now Dr. Essam Al-Halabi, and engineers whom the friend Fouad Al Rayyan, an agricultural engineer working in Saudi Arabia, and also Yusuf Khalifa, which in the United States. It classmates days School Ambassador Ali Krishan and Mazen Tbelt works director of the Office of the Chief of Staff, but most of my friends have chosen to work in many of whom are lawyers, engineers, doctors eminent private sector and remind them, for example, Mahmoud Abu booty captain current agricultural engineers, and from the university, there are many I mention Mr. Ali Al Ayed and Professor Salem Khaza'leh and Dr. Ibrahim Omoush and Prof. Dr. Fayyad judges and Professor Ramsey picnic.