On 3 August 2015, Alkarama sent an urgent action to the United Nations Working Group on Arbitrary Detention (WGAD) regarding the case of Eyad Qunaibi, a 40-year-old pharmacology professor who is known for being a prominent political critic, particularly active on social media. He hes been detained in solitary confinement since 15 June 2015 for having published an article on Facebook criticising Jordan's ties with Israel, the Jordanian King as well as the "westernisation" of society. After seven weeks of detention, Qunaibi has still not been brought before a judge and is likely to face trial before the State Security Court (SSC) simply for having exercised his right to freedom of expression.
Following the publication on 10 June 2015 of his article on Facebook – "Jordan heading for the abyss" –, Qunaibi was summoned several times to the General Intelligence Directorate (GID) – which is known for its broad powers to monitor public life in Jordan, its close ties to the U.S. Central Intelligence Agency and its frequent use of torture and ill-treatment – and interrogated on his publications on social media. On 15 June 2015, Qunaibi was arrested at the GID Amman headquarters, a detention centre which is not subjected to any independent oversight, depriving its detainees of basic safeguards against human rights violations.
Qunaibi was then transferred to the Muwaqqar II high security prison, located a few kilometres outside the town of al Muwaqqar in the Amman Governorate, where he is still detained in a situation of prolonged solitary confinement, with his family allowed to visit him once a week. In this regard, Alkarama recalls that the UN Special Rapporteur on Torture (SRT) recognises that prolonged solitary confinement amounts to torture or cruel, inhuman or degrading treatment or punishment, which is sometimes used as an extortion technique during pre-trial detention.
On 18 June, Qunaibi was informally accused by the State Security Court Prosecutor of "incitement against the political regime" according to article 149 of the Penal Code. Jordanian authorities often use charges under this provision to silence critical voices or political opponents, as documented by Alkarama in previous cases. The fact that Qunaibi is likely to be deferred to the State Security Court is alarming, as the SSC is known for its blatant disrespect of due process guarantees.
Since his arrest seven weeks ago, Qunaibi has not been brought before a judge. According to the International Covenant on Civil and Political Rights (ICCPR), to which Jordan is a party since 1975, anyone arrested on criminal charges shall be brought promptly before a judge authorised by law to decide on the lawfulness of his or her detention and, should it be the case, to order his or hers release. Qunaibi's detention constitutes, therefore, a clear violation of the Covenant.
In view of these facts, his family appealed to Alkarama, who raised his case with the UN Working Group on Arbitrary Detention so that it calls upon the Jordanian authorities to release Qunaibi immediately, as it is clear that his detention results from the exercise of his right to freedom of expression by publishing an article on Facebook.
Considering the systematic crackdown on dissenting voices under the pretext of "the fight against terrorism," Alkarama urges Jordan to:
• Abolish the SSC and take concrete steps to ensure that all courts fully respect the defendants' right to fair trial, including by ensuring access to legal counsel and public hearings before a competent jurisdiction;
• Cease prosecution of peaceful protesters, political opponents and all critical voices, especially before the SSC;
• Place all state security services, especially the General Intelligence Directorate, under the sole authority of the General Prosecutor and establish independent oversight of these services;
• Ensure effective parliamentary oversight for all security services, limit the extensive powers of the GID to monitor, arrest and detain individuals, including through effective separation of powers, in law and practice, between the authorities responsible for detention of suspects and those responsible for preliminary investigations.
For more information or an interview, please contact the media team at media@alkarama.org (Dir: +41 22 734 1008)