Compensation

Jordan will develop common principles governing the payment of compensation to the countries affected, to ensure that such payments are made safely, fairly and in a transparent manner.

Status: Ongoing

This commitment has no defined end date and there is evidence that activity has started.

          The Concerned Authorities:

  • Ministry of Justice.
  • Judiciary
  • Integrity and Anti-Corruption Commission.

Evidence

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Obtaining compensation for damages resulting from acts of corruption is a prerogative of the judiciary and is governed by constitutional principles.

* In the event that the aggrieved party obtained a judicial decision from the foreign country, the right to submit a request for a foreign judgment of national character for the purposes of its implementation inside the Kingdom.

* The right to resort to the judiciary is a sacred right guaranteed by the Jordanian constitution. 

The legislative environment in the Hashemite Kingdom of Jordan that regulates this issue allows every victim to resort to the judiciary and demand compensation for the crime of corruption (with emphasis on the previous answers in this regard that clarify the mechanism and the legislative framework regulating this issue). Nevertheless, work is underway to develop a procedural guide that is comprehensive and includes all relevant constitutional, legislative and institutional principles, as well as the procedures to be followed in the process of implementing compensation payments to ensure integrity and transparency of implementation. As well as carrying out the legislative review for each item, including: –

– The right of those affected by corruption to resort to the competent Jordanian authorities based on bilateral agreements.

Mutual legal assistance in terms of its mechanisms, conditions and comprehensiveness in accordance with the agreements ratified.

– Procedures for paying compensation owed to those affected by the money, assets, or proceeds of those responsible for corruption, in a safe, fair and transparent manner.

Taking into account the rights of others in good faith, regardless of nationality.

– Amending the legislation related to seizure, confiscation, preservation and management of assets and funds that will be executed in order to allow these procedures before issuing a judgment or implementing a guarantee for not evading or disposing of money.

– Amending the Integrity and Anti-Corruption Law – The following amendments have been made to the Integrity and Anti-Corruption Law and are now under constitutional procedures in the Prime Ministry: They include granting powers of seizure and recovery and making settlements with the approval of the special judicial committee stipulated in the Economic Crimes Law No. (11) for the year 1993 and its amendments

– The Integrity and Anti-Corruption Commission has also prepared a system called the System (Trusts Account for Settlements and Reconciliation), which was actually issued under the number (51) for the year 2020, and this system aims to manage the funds that have been seized or settle on them and deliver them to those who deserve it based on a judicial decision.

The Current Situation:

Jordan has a legislative, institutional, and procedural system in place to advance in implementing this commitment, which can be built upon to develop common principles governing the issue of paying compensation to those affected by acts of corruption. The process governed by the legislative and institutional system is summarized in the following basic principles:

-The existence of a cooperation agreement with the affected country, ratified in accordance with the constitutional procedures, in order to implement the penal and civil provisions, including the payment of compensation.

-The determination of the right to obtain compensation arising from damages resulting from acts of corruption is within the powers of the judiciary and it is governed by the constitutional and legislative principles that will be mentioned later in this item.

-The presence of assets/funds for the people involved (accused of corruption in the affected country) in the Hashemite Kingdom of Jordan for the purposes of implementing them, and then enabling the affected party to obtain compensation from those funds.

-The right to resort to the judiciary is a sacred right guaranteed by the Jordanian Constitution, and therefore every person has the right to resort to the judiciary as being harmed to claim compensation for corruption damages in accordance with the general principles, and for the judiciary to rule on the matter based on evidence.

-In the event that the aggrieved party obtains a judicial decision from the foreign country, he or she is entitled to request that a foreign ruling to be granted the national character for the purposes of its implementation within the Kingdom, subject to the legal provisions contained in the Jordanian legislation.

Recommendations:

        1.Establish the right to resort to the Jordanian authorities to demand people involved in corruption and those causing harm and thus compensation, based on a bilateral cooperation agreement by developing (an appendix / appendices) for it that includes an updated and updated version of the principles referred to in the table (regarding the current situation) in line with good practices subject to The constitutional principles of the Hashemite Kingdom of Jordan and the principles of sovereignty.

        2.The initiative of the Hashemite Kingdom of Jordan to propose the establishment of a relevant international working group with the aim of: laying the foundations and common principles between them, which requires cooperation and mutual trust on a basis of reciprocity.

        3.Develop a comprehensive practical and procedural guide that includes all relevant constitutional, legal and institutional principles as well as the procedures to be followed in the process of implementing compensation payment to ensure: integrity and transparency of implementation.

        4. Create / develop / amend legislative texts that explicitly include procedures for:

   -Determining the right to compensation for damage resulting from acts of corruption, as well as the affected country (affected individuals), by resorting to the competent Jordanian authorities based on bilateral agreements.

   -Mutual legal assistance in terms of its mechanisms, conditions, and inclusiveness in accordance with the ratified agreements.

   – Measures to pay compensation to those affected by the money, assets or returns of those causing corruption in a safe, fair and transparent manner.

   -Observe the rights of others in good faith, whatever his nationality.

      5. Amending the legislation related to seizure, confiscation, custody, and management of assets and funds that will be implemented in a manner that permits these procedures before a judgment or order of execution is issued to ensure that there is no evasion or disposal of funds, including:

Amending the Integrity and Anti-Corruption Law.

Penal Code.

     -The Code of Criminal Procedure.