Flaw that needs fixing

There is a serious flaw in the administration of justice in the country regarding the way courts go about implementing their civil decisions.

The problem involves detaining people against whom judgement was issued by a civil court to pay compensation or whatever to another party.

No one doubts or questions the need to implement and honour court decisions, especially when they are delivered after serving proper legal notice to the concerned individuals, warning them about the need to pay what they owe or have their properties become subject to a lien.

But to detain people arriving at the airport, for example, after a long trip abroad without them even knowing why and how such a civil court decision was taken is a grave violation of international norms, especially the International Covenant on Civil and Political Rights.

Jordan is a state party to this human rights instrument and is legally bound by it, yet some courts appear to disregard it either because of lack of knowledge or because they do not realise that international treaties take precedence over national laws, except when it comes to the country’s constitution.

There is pressing need, therefore, for built-in safeguards against abuse of the existing legislation that allows a court of the first instance, for example, or even a lower court, to issue a directive to the police to stop and detain people against whom there is judgement for restitution or anything else of the kind until they pay up the amount for which they are sued.

The judiciary has other ways to make good on courts judgements without infringing on the civil rights of people.

Democratic countries, including Jordan, have in place many reasonable ways to enforce judgements and the Kingdom should not be an exception.

The country is indeed blessed with a high-quality judiciary system headed by judges with the highest credentials.

The existing flaw, therefore, should not persist, now when there is increased awareness that international treaties supersede domestic laws.