AMMAN — While
Lower House members recently asked for the general
amnesty law to be put into application, the government said it had no intention
to do so. The issue has been a topic of debate for quite some time, both
because some believe people are detained for minor offences and because the
prison population is swelling and something needs to be done about it.
اضافة اعلان
Law Professor at
Mutah University Abdelraouf Al-Kasasbeh told
Jordan News that the general amnesty law should be linked to the circumstances
surrounding the crimes, adding that “it is hard” to give his opinion on the
issue, “since it has pros and cons and a comprehensive study should look into
its economic and social repercussions. So it is not a ‘yes’ or ‘no’ matter”.
Kasasbeh, who “as a principle”, is “against general amnesty” and
insists that “those who committed crimes should be served a due punishment”,
believes that “economically, the state’s Treasury would be impacted by the
application of general amnesty if prisoners are absolved of paying the due
fines to the government.”
According to Kasasbeh, concerned ministries should conduct a study
before the government announces general amnesty, “so as to reduce its impact on
all levels”.
Lawyer Adel Azzam Adel Saqf Alhait views general amnesty differently;
he sees it as a “reconciliation between the state and society”.
“General amnesty does not ignore the rights of the victims, since
the application of this law depends on the victims’ decision to drop their
personal grievances against the convicts,” Saqf Alhait said.
For instance, in 2019 and 2011, the application of the general amnesty
was linked to the personal right of the victim, he added, indicating that this
law is balanced, for, on the one hand, it is “compassion and tolerance, and on
the other, it stipulates returning and maintaining the rights of the victims”.
Is the law fair?
“Of course; first because it is a constitutional guarantee, and
second because it must balance the interests” of two parties, Saqf Alhait said.
If the government is to announce the general amnesty again, it
should be broader and more inclusive than that of 2019, said Saqf Alhait who added
that “since I became a lawyer, around three general amnesties were announced. The
government usually applies this law once each five to seven years.”
He added that “back then, the general amnesties did not include all
crimes”, and called for the victims’ rights to be preserved.
According to Saqf Alhait, the long term a prisoner is supposed to
serve in prison “will prevent him/her from ever thinking to commit that crime
again, even if that prisoner is to be included in the general amnesty”. This
assertion, he said, is based on his “knowledge in the crime and punishment
science”.
The punishment of highest-risk crimes, such as terrorism, could be
reduced to half, he said, giving these perpetrators a chance to reintegrate in
the society, rather than including these wrongdoers in the general amnesty.
“In my opinion, general amnesty leads to political and social
reconciliation,” Saqf Alhait said, adding that each prisoner costs the
government around JD13 a day, which is a burden, and the jailed person cannot
work to support his family.
With this in mind, “
amnesty could be a positive step, but do not
forget that for the law to be just, it should respect and take in consideration
the rights of the victim, such as owed debts or ‘diya’ (blood money to the
family of a dead victim), among others,” said Saqf Alhait.
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