Administrative Detention and Its Objective and Procedural Warrantees: A Study of the Jordanian Law

Abstract

Personal freedom is the essence of human life. It is not created by legislation or laws. It is rather regulated by laws to reconcile its various aspects and achieve the common good of the community. It, therefore, does not accept restrictions except those that are necessary. The freedom of people should always be maintained; it is not permissible to arrest or detain any person except in accordance with the law. Accordingly, the Jordanian legislator was keen to put in place the procedural rules of administrative detention in terms of setting clear conditions for the practice of this detention and the reasons for resorting to it in order to reduce the abuse of this exercise by the authorities and to reduce the vulnerability of individuals at risk of such a practice. It is well-known that these actions result in a restriction of personal freedom but also it is known that these measures are aimed to protect society from risks. Detainees in this type of arrest are taken without trial, and it is exercised by the executive authority under the powers granted to it by the law. If all these precautions are meant to protect personal freedom and maintain its integrity, then how can the executive authority intervene in personal freedom and exercise maximum restrictions on it and tries to repeal it, given that this type of arrest is essentially a precautionary punitive measure? However, in this sense, it is in stark violation of the principle of legality of crimes and punishments, and it violates constitutional and legal warrantees. Despite all these principles about the sanctity of personal freedoms and the warrantees against excessive use of executive detention, it should be acknowledged that it is sometimes necessary for authorities to administer such a measure. This perplexing situation makes us endeavor to study the provisions and terms governing this kind of arrest and investigate its reasons, in an attempt to state the legal basis that calls for its justification. The study also addresses the main principles governing the behavior of authorities while exercising this detention and the main effects of such a practice.