Roundtable discussion highlights challenges of administrative detention, need for reform

AMMAN — Amid ongoing discussions surrounding human rights and legal reform, a roundtable titled “Limits of Administrative Detention and Alternatives to Custody: Between Law and Practice” was recently held to explore the challenges of detention without trial.

Organised by Tamkeen for Legal Aid and Human Rights, the session brought together legal experts, human rights advocates, and government officials to examine the legal boundaries of administrative detention, the gap between legislation and enforcement, and the pressing need for alternative measures that uphold justice and individual freedoms.

The discussion focused on the legal framework governing administrative detention, as well as the practical realities on the ground in Jordan. Participants explored how legal and human rights protections are applied in practice, underscoring the discrepancies between the law as written and its enforcement.

According to the organisation, administrative detention and alternatives to custody are increasingly being used as tools to control certain societal groups, such as migrant workers.

Many migrant workers, the organisation noted, face administrative detention for issues related to residency or working without proper permits, often without being brought before a competent court or given a fair opportunity to defend themselves.

Additionally, the practice of administrative detention has been particularly concerning for vulnerable women, who are sometimes detained under the guise of protection. In such cases, the measure is effectively used as a form of forced shelter, rather than a means of legal protection for women and girls, the statement said.

Tamkeen also highlighted the detention of individuals with criminal records or those deemed suspicious, even when no formal complaints or tangible evidence are presented.

During the session, Tamkeen Director Linda Kalash stressed that “administrative detention threatens the rule of law,” emphasising the fundamental need for detentions to be processed primarily through judicial channels. She pointed out that detaining individuals without trial undermines the principles of justice and the timely access to rights without unnecessary delays.

Kalash also noted that promoting alternatives to detention, such as conditional release, judicial supervision, home confinement, or financial guarantees, is crucial. She underscored that a balance must be struck between ensuring public security and protecting individual rights and freedoms.