and Social Council held a session today, the 30th of November 2018,
to discuss the Crimes Prevention Law. Participants of the session include, the
ESC’s President Dr. Mustafa Hamarneh, the ESC’s Secretary General, Mr. Mohammad
Nabulsi, in addition to lawyers and representatives from official organizations
such as the Judiciary, the Public Security Directorate, the National Center for
Human Rights and civil society institutions.
session was conducted in response to legal and societal requests to discuss
this law and its controversial content. Views expressed in the session differed
and were divided. On one hand, participants explicitly expressed their view for
the necessity to cancel this law. The argument was that as the law provides
judiciary authoritative powers to those outside the judiciary system, it
conflicts with the constitution. This also allows for the possibility of the
law to be misused, especially with regards to house arrest and administrative
detention. Participants emphasized the importance of addressing this issue
according to the international best practices, such as through the use of
the other hand, some participants expressed their belief on the importance of
this law as a precaution to prevent crime and how it actually did prevent crime
in many instances. However those against revoking the law, did agree to the
fact that the law should be significantly amended, especially since it has been
in use since 1954 without being amended since.
stressed the importance of reaching consensus on the philosophy and motivating
reasons behind proposed amendments, such that the essence of the law in serving
as a precaution to prevent the occurrence of crime is maintained, without
conflicting with the law, the judiciary system or any human rights.
a similar note, participants requested the review of the prevailing tribal
laws, due to the societal harms that some entail, specifically those through
which individuals are negatively affected by the law for being part of a
certain family and tribe, regardless of whether they are actually involved in
the issue at hand. Emphasis was made on the importance of having the rule of
law fall exclusively under the judiciary system.
was concluded by forming a committee to meet the following week to review the
content of this law and form a draft law with the necessary amendments before
presenting it to the Prime Ministry.