International Perspectives on Jordan’s Legislation on Deprivation of Liberty Prior to Trial

Abstract

The right to personal liberty is fundamental for individuals and societies based on the rule of law. The United Nations Universal Declaration on Human Rights and United Nations International Covenant on Civil and Political Rights broadly define rules limiting possible pre-trial detention and protecting against arbitrary detention. Since 1961 the Code of Criminal Procedure has regulated detention in Jordan and in 2017, there were comprehensive revisions of the Code on these matters. To better understand factors that shaped the scope of the Code revisions in 2017 and to question whether the Code of Criminal Procedure fully adheres to ICCPR international human rights norms, this paper will draw upon political and legal debates prior to 2017 and upon legislative amendments, legislative text and subsequent jurisprudence. In so doing, this paper will critically examine whether the Jordanian legislation respects the right of personal liberty.