Abigail traveled from Ghana to Jordan in July 2016 to work as a domestic worker for a family. She dreamed of earning money and returning home to support her family. However, like many domestic workers, her dreams were crushed.
One day, while Abigail was tidying the kitchen, the homeowner packed his belongings and called out to her before leaving for the airport. Abigail didn’t respond as she was preoccupied. After reaching his destination, the homeowner discovered he had lost some money. Instead of considering other possibilities, such as losing it at the airport or in the taxi, he accused Abigail of theft. His son took her to the police station without any evidence. With a translator present, statements were taken, and the case was referred to the prosecutor, who ordered her detention based on the theft complaint.
Prosecutor’s Investigation
On July 16, 2017, Abigail appeared before the prosecutor with a translator. The complainant, the homeowner's son, insisted she was guilty. Despite Abigail repeatedly declaring, “I am not guilty… I am not a thief,” the prosecutor deemed the son a credible witness and charged her with aggravated theft under Article 406/3 of the Penal Code. Abigail was detained at a women’s correctional facility, and her case was referred to the Amman First Instance Court.
Trial Proceedings
Despite Article 230 of the Code of Criminal Procedure, which mandates interpreters for defendants who cannot speak Arabic, Abigail spent five months in detention, attending seven court sessions. The complainant failed to appear at any session, despite the judge summoning him repeatedly. Additionally, a translator was only present during the seventh session. During this session, Abigail, her lawyer, and the complainant were heard. The homeowner admitted neither he nor any family member witnessed the alleged theft. His accusation was based solely on Abigail’s supposed nervous behavior.
Verdict
On December 31, 2017, the court acquitted Abigail due to a lack of legal evidence under Article 178 of the Code of Criminal Procedure.
Not an Isolated Case
Abigail's story is not unique. Many migrant workers face baseless accusations, often as acts of revenge, to evade paying financial dues, or as punishment for wanting to return home. The legal system remains complicated. Although Article 114 of the Code of Criminal Procedure limits pretrial detention in misdemeanors to one month, many migrant workers face administrative detention beyond this period, circumventing the law. Such detention is not deducted from the final sentence if convicted.
Many workers also suffer due to the absence of translators, leaving them detained for extended periods. Translators are essential in bridging the gap between the court and the defendant, and their absence invalidates court procedures.
Court Challenges
Defendants are transported to court with their hands or feet shackled. Delays are common as transport vehicles make multiple stops, often resulting in postponed sessions and prolonged litigation. For Abigail, this meant attending court sessions in restraints or sometimes not being brought to court at all. Such practices violate Article 212 of the Code of Criminal Procedure, which requires defendants to appear in court without restraints unless necessary for security.