RAED HIJAZI DEATH PENALTY OVERTURNED BY

UNCLAS AMMAN 004467

SIPDIS

FOR CA/OCS/ACS/NESA, NEA/ARN AND NEA/PA

E.O. 12958: N/A
TAGS: CASC PREL PTER CJAN JO HIJAZI RAED
SUBJECT: RAED HIJAZI DEATH PENALTY OVERTURNED BY
CASSATION COURT

REF: A) AMMAN 1405, B) AMMAN 122, C) AMMAN 77 AND

PREVIOUS


1. JORDAN TIMES EDITION OF JULY 4, 2003 REPORTED THAT
THE COURT OF CASSATION OVERTURNED THE EARLIER DEATH
SENTENCE AGAINST AMCIT RAED HIJAZI. A NINE-JUDGE COURT
OF CASSATION PANEL OVERTURNED THE STATE SECURITY COURT
VERDICT AND SENTENCE, RETURNING THE CASE TO STATE
SECURITY COURT WHICH IS NOT EXPECTED TO RESOLVE THE ISSUE
QUICKLY.


2. IN A TELEPHONE CONVERSATION WITH CONOFF JULY 8TH,
HIJAZI'S ATTORNEY ALLEGED THAT THE JUDGES DECIDED TO
OVERTUN HIJAZI'S VERDICT BECAUSE THE STATE SECURITY COURT
VIOLATED COURT PROCEDURES. THE ALLEGED VIOLATIONS WERE
RELATED TO AN EARLIER CASSATION COURT RULING IN OCTOBER
2002 THAT OVERTURNED HIJAZI'S SENTENCE FOR THE FIRST TIME
FOR INSUFFICIENT EVIDENCE TO CONVICT OF POSSESSING AND
MANUFACTURING EXPLOSSIVE MATERIALS. THE ATTORNEY
ASSERTED THAT, INSTEAD OF ABIDING BY THE COURT OF
CASSATION'S ORIGINAL INSTRUCTIONS, THE STATE SECURITY
COURT ISSUED A NEW VERDICT IN JANUARY WITHOUT CONDUCTING
ANY NEW PROCEEDINGS OR EXAMINING NEW EVIDENCE. THIS,
ACCORDING TO THE ATTORNEY, IS A VIOLATION OF COURT
PROCEDURES AND LED TO THE VERDICT BEING OVERTURNED FOR A
SECOND TIME. THE COURT OF CASSATION ALSO ASKED THE STATE
SECURITY COURT TO DETERMINE WHETHER HIJAZI'S CHARGES
SHOULD HAVE BEEN INCLUDED IN A ROYAL AMNESTRY IN 1999.
GNEHM