In a move that constitutes a clear violation of the rule of law and constitutional guarantees of personal freedom, Jordanian security forces on Wednesday arrested lawyer Firas Al-Rousan from his office in the capital, Amman, without any judicial order issued against him.
The public prosecutor of Bani Kenana had previously decided to release Al-Rousan without detention. However, the district governor of Bani Kenana later issued an administrative detention order under the Crime Prevention Law, imposing a financial bail of 200,000 Jordanian dinars on both Al-Rousan and his companion, Malek Nabeel Al-Rousan.
This measure represents an overreach of judicial authority and an encroachment by the executive branch, as it grants administrative officials powers that allow them to restrict individual freedoms even after court orders for release have been issued. Such practices undermine the principle of separation of powers and compromise judicial independence.
This approach also contravenes Article 7 of the Jordanian Constitution, which stipulates that personal freedom is guaranteed and may not be restricted except in accordance with the law and by a decision of a competent judicial authority. It further violates Jordan’s international obligations on civil and political rights, which prohibit arbitrary detention and guarantee the right to personal security.
The arrest of Al-Rousan once again brings to light the Crime Prevention Law, which has effectively become a tool to circumvent judicial authority, underscoring the urgent need for its comprehensive review to ensure that individual freedoms remain safeguarded under judicial, not administrative, authority.
