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A
Workshop Organized by the al-Urdon Al-Jadid Research
Center on the Assemblage Law
Khreis:
We are going back to the era of Martial Law without
this being publicly declared.
The
Human Rights Program at the Al-Urdon Al-Jadid Research
Center (UJRC) organized a workshop entitled "The
Temporary Assemblage Law: Scenarios for its Application
and it's constitutional illegality".
The
main working papers was presented by the Professor of
LawA Mr. Sameeh Khreis and it discussed the Temporary
Assemblage Law No. (45) for the year 2001. Following
a presentation of the historical right to assemble,
as one of the major rights of public freedom, Mr. Khreis
explained that the Constitution of the Hashemite Kingdom
of Jordan issued in 1952, and by virtue of Article (16/1)
gave the Jordanian people the right to assemble within
the boundaries of the Law, and stipulate that the phrase
"within the boundaries of the law" means that
the law should support the right to assemble and not
put a limit to it.
While
indicating the negative aspects of this temporary law,
Mr. Khreis said that Article (3) of the Law is not consistent
with the Constitutional rights because the approval
of the Administrative Governor is required in order
to hold a meeting, and Article (7) grants the Administrative
Governor unlimited rights to cancel or separate a meeting,
and that the law contains provisions that impose sever
punishment. Mr. Khreis then continued to say that this
temporary law takes us back to the times of Marital
Law, but without this being blatantly declared.
Mr.
Khreis also questioned the constitutional legality of
this law and considered it a form of injustice the Government
is imposing by using its authority, stressing that from
a legal point of view this law can be contested in the
Higher Court of Justice, and requests can be made to
nullify it.
Several
prominent lawyers and legal experts participated in
this workshop, and stated during their discussions,
that the temporary law is unjustifiable even under the
circumstances that the region is witnessing, on the
contrary such a step defies the principles of the Great
Arab Revolt and the Arab dimension of the Jordanian
constitution. Additionally calling this law "temporary"
is constitutionally unjustified, and totally contradicts
the legal doctrine.
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