Witness a new episode in the relation of the Government

VIS – A – VIS THE JUDICIARY AND THE CIVIL SOCIETIES ORGANIZATIONS

Jordan‘s Government did not implement the verdict of the cassation court issued on 19.4.2010 which declared the innocence of the members of the Administrative committee (AC) of the Amman Union of Voluntary societies.

In a serious Violation of the constitution, Laws, and the freedom of association (one of the fundamental principles of international Human rights law), the minister of social development Hala Lattof refused and  bypassed the verdicts of the cassation court  which declared the innocence of the members of the Administrative committee of Amman Union of voluntary Societies. The decision of the court implies the immediate return of the members of the AC to their voluntary positions which were suspended by the public Attorney on 26.7.2006.

The minister instead of abiding by the decision of the court, decided illegally to appoint for the second time another temporary committee. The minister decision came as a surprise and unprecedented; the decision depends on an opinion issued by the Bureau of the legislation and opinion in the prime ministry which reads as follows (since the mandate of the Amman AC was ended, thus a new temporary committee should be appointed. We recommend that). This recommendation from one side is not binding, since the bureau is not the legal entity to explain the laws (court decision). From the other side, the recommendation was tailored to fit the tendency of the ministry. It violated the clear principles of law of societies, 2008. And clearly contradict the laws and judicial verdict.

The Law, allows the minister to appoint a temporary committee for sixty days, could be extended for another period for only one time. The minister took that measure on 26.7.2007, and appointed a temporary committee after the public attorney suspended the 18 members of the administrative committee of Amman Union of Voluntary societies on false acquisitions (proved to be so by the court verdict). That catastrophic decision, which is politically motivated, was taken by the Public Attorney, to allow the minister of social development to appoint a temporary committee. The decision was taken without a hearing or summoning of the accused to the PA’s office ^([1]). The temporary committee, instead, of staying sixty days according to the law stayed 1030 days.

From the other side, the law, allows the minister to appoint a temporary committee in relation to this situation: if the elected administrative committee committed a violation and did not respond to the minister written warning to remove the violation within two months.

Article (19) of the societies` law, reads:

(The minister has the right to appoint a temporary administrative committee …. On the following situations….

If the society violated any of the rules of this law, or the by-laws or the instructions issued accordingly, or it violated its by-law and did not remove the causes of this violation within two months from the date it received a written warning regarding this violation).

The minister, instead of responding to the public Attorney’s request to install back the elected Administrative Committee, neglect the request and appointed, illegally, a second temporary committee.

It is worth mentioning that, the episode (Which Known as the massacre of the civil societies), which took place on July 2007 was a result of false acquisition by the ministry of social development charging the Administrative committee of Amman Union of voluntary societies of Job exploitation (which proved by the court baseless). It is since then, the episode was charged by the three steps courts, which declared the innocence of the AC’s members it took since then more than three years)

Surprisingly, in unprecedented, strange manner, and clear violation of the law of (origins of civil suits) and the justice’s code of ethics, the head of the supreme court of justice on 13.6.2010 advised the lawyer of the AC’s members not to file a charge against the minister of social development for her illegal decision of appointing a second temporary committee, and not abiding by the court decision which implies the immediate return of the AC’s members to their voluntary duties. The judge’s remark implies frankly that the charge will not lead to a positive, conclusion and will not be in the AC favor. That came when the lawyer was summoned to the head of the supreme court of justice’s office after he submitted the charge to be priced by the judge; it is worth mentioning that four charges against the ministry were rejected by that court, headed by the same judge in this domain (2006-2007).

In doing so, the Head of the supreme court ignored, the court decision (No.14-case 483/200) headed by him, on the same subject, where the decided that, (the appointment of temporary committee by the Minister of social development on 26.6.2007, is considered, a temporary executive procedures to the decision of PA.. The legal interpretation, on (reaching an innocence) verdict by the court, the temporary executive procedure, ends, and it implies canceling all its traces, and all the legal and administrative procedures to the decision of the PH which followed that decision. It implies the return of the elected administrative committee to the situation it held before the decision of the minister was taken.

Unfortunately, instead of having the government to issue a formal apology to the elected leaders of the charitable societies for its wrong doing, it punished them again, by ignoring their innocence and neglect the implementation of the court verdict.

Conclusion:

1-                 The episode which took place on July 2007 by the minister of social development was politically motivate and a result of false acquisition.

2-                 The Public Attorney’s decision which suspended the members of the administrative committee and charged them with job exploitation were false and baseless. Wrongly, the decisions were taken without hearing or summoning of the accused to the public attorney’s office.

3-                 The court decision, Amman Center respect and honored, proved that the members of the AC are innocent of any wrong doing and the ministry‘s act was a personality assassination and its desire to control civil societies activities.

4-                 Contrary to our belief the new minister Hala Latof, who was not part of this episode when It happened, will act differently and will restore the Justice and respect the verdict of the court, contrary to that she took the same path, which means that the government’s policy, toward civil societies organization didn’t change and the strenuous relations between the governments and the NGO’s are still obvious.

Recommendation:

Amman Center for Human Rights Studies advocates the importance of the immediate implementation of the court decision. By doing so the government gives on example of respecting the judiciary and the rules of law. The return of the AC’s members to their voluntary duties is the first step toward realizing justice. The minister of social development, after only that, could appoint a temporary administrative committee. If the returnees failed within two months to respond to the minister warning to call for a new election of the administrative committee of Amman Union of voluntary societies. Without doing that, w are proving that nothing changed since 2007. We are still violating the laws, the principles of human rights, the freedom of association, justice, the right of every person to fair-trial, transparency and democracy.

We hope that such recommendation will be respected and the rule of Law should be restored.

^([1])  See, Human Rights watch report, Jordan, shutting out the critics, Restrictive laws used to repress civil society in Jordan, volume 19, No. 10 (E), Dec. 2007, pp26-29.