Establishing facts in court and interrogation techniques in criminal proceedings

Participants of the ToT workshop in Amman on fact-finding in court and techniques of hearing witnesses and suspects in criminal proceedings
Participants of the ToT workshop in Amman on fact-finding in court and techniques of hearing witnesses and suspects in criminal proceedings
Jordan

IRZ, the Jordanian Ministry of Justice, the Judicial Council and the Jordanian Judicial Academy, organised a two-day seminar on fact-finding in court and techniques for questioning witnesses and suspects in criminal proceedings on 20- and 21 December 2022. The participants from Jordan were judges from different courts and members of the court inspection.

The presentations by the German and Jordanian speakers addressed the following topics among others:

  • Development of investigative and interrogation skills
  • Assessment of evidence in criminal proceedings
  • Error as an unconscious source of error
  • Lying as a conscious source of error

 

The seminar was opened by Mr. Sidi Mohamed O. Khairy, IRZ Head of Section for the Middle East. He welcomed the participants on behalf of IRZ and contributed to the discussion with questions and suggestions. On the Jordanian side, the event included presentations by Judge Ayman Al-Ghazzawi and Judge Ashraf Al-Abdullah. The two speakers are court inspectors and spoke about the development of investigative and interrogation skills in Jordan. Dr Arnd Weishaupt, judge at the Düsseldorf Higher Regional Court attended as the expert for IRZ.

The ToT seminar focused on conducting the hearings of the witness and the accused and evaluating their statements. Discussions included the topic of error as an unconscious source of error; which are much more common in witness interviews than one might think. Errors in the witness's perception of events and in the replaying of their memories play a role that should not be underestimated. The seminar also explored deliberate lying, the principles of interrogation theory, interrogation psychology and questioning techniques.

The participating judges were very interested in the content of the seminar and took part in the discussion with numerous questions and practical suggestions. It became clear that there are many similarities in the conduct of interrogations between Jordanian and German judges. There are many similarities, notably with respect to interrogation and questioning techniques.

IRZ conducted the ToT seminar as part of a project funded by the Federal Foreign Office on “Support for criminal law reforms in Jordan 2020 – 2023”.

Cooperation between Forensic Medicine and the Judiciary in Civil and Criminal Law

Jordan

IRZ organised two online seminars on cooperation between forensic medicine and the judiciary in Jordan and Germany on 26 and 27 September 2022. The events were held in cooperation with the Jordanian Judicial Council and the Judicial Institute of Jordan.

Mr Christian Schmitz-Justen, Vice President of the Higher Regional Court of Cologne, Mr Bernhard Theisen, Presiding Judge at the Higher Regional Court of Cologne, Univ.-Prof. Dr. med. Michael Bohnert from the Institute of Forensic Medicine at the University of Würzburg and Mr Andreas Stüve, Senior Public Prosecutor at the Düsseldorf Public Prosecutor’s Office took part in the events on behalf of IRZ.

Topical Priorities of the Events

With its focus on civil law, the first event mainly addressed the principles governing expert witnesses and the juridical and practical issues involving the participation of medical experts in Germany and Jordan.

The second event concentrated on cooperation between the judiciary, forensic medicine and the investigating authorities in the area of criminal law.

The German and Jordanian speakers used their talks to address the following and other topics:

  • organisation and structures of forensic medicine in Germany and Jordan as well as formal procedures for forensic medicine training;
  • procedures and methods for determining medical malpractice and consequences under criminal law;
  • general issues of medical liability; and
  • judicial interpretation of expert opinions in the area of medicine.

Forensic Medicine in Jordan

It became clear that there are many similarities between the two countries, especially in medical liability law and with regard to the involvement of experts and their expert opinions. Differences also became apparent in the training and structure of forensic medicine, among others.  While forensic medicine is self-governing in Germany, it is attached to the Ministry of Health in Jordan. In addition, only 19 coroners are currently practising in Jordan. There are plans to increase this number significantly in the coming years.

Participants on the Jordanian side were judges at various courts, representatives of the Public Prosecutor’s Office and members of the forensic medicine profession.

The online seminars were held with institutional funding from the Federal Ministry of Justice.

Alternative penal sanctions to ease the strain on the judiciary and the penitentiary system

Jordan

IRZ organised an online exchange of experience on the application of alternative penal sanctions and alternatives to pre-trial detention on 21 September 2022 in cooperation with the Jordanian Judicial Council and the Jordanian Judicial Academy.

Participants on the Jordanian side were judges at various courts and representatives of the Public Prosecutor’s Office.

Priorities of the online exchange of experience

The professional exchange focused on the following priorities:

  • Alternative penal sanctions and their area of application in Jordan and Germany (barriers, advantages and disadvantages)
  • Legal framework, procedures and conditions for the application of alternative penal sanctions and alternatives to pre-trial detention
  • Procedures and working mechanisms of the authorities in the application of alternative penal sanctions and alternatives to pre-trial detention in Germany

Legal bases for alternative penal sanctions in Jordan

On the Jordanian side, Judge Dr Hassan Al-Abdallat from the Amman Public Prosecutor’s Office held a talk on the various alternative penal sanctions and their legal bases in Jordan. In 2017, for instance, a variety of alternatives to pre-trial detention (especially for petty offences) were introduced into law as part of a reform of the Code of Criminal Procedure in Jordan. They include use of electronic ankle bracelets or the option of community service instead of a custodial sentence.

Talks on the topics of the penitentiary system and resocialisation in Germany

Representing IRZ at the event were Mr Andreas Stüve, Senior Public Prosecutor at the Düsseldorf Public Prosecutor’s Office, and Mr Pascal Décarpes, international advisor to the European Union in the penitentiary system and resocialisation. Their talks addressed the issues of the private prosecution procedure, opportunity decisions, the instrument of accelerated proceedings and the suspension of sentences for probation. There was also a discussion on probation and correctional services, as well as the significant role that civil society organisations play in this context.

Relief for the penitentiary system

The exchange elucidated the differences between, but also the similarities in, the two countries’ systems. Nonetheless, both Jordan and Germany share a fundamental interest in easing the strain on the (criminal) justice and penitentiary systems.

Funded by the Federal Ministry of Justice

The event was held with institutional funding from the Federal Ministry of Justice.