U.S.-JORDAN EXTRADITION TREATY: AMBASSADOR ASKS

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 006398

SIPDIS

DEPARTMENT FOR NEA, NEA/ARN, AND L/LEI
JUSTICE FOR OIA
FBI FOR OIO

E.O. 12958: DECL: 10/06/2013
TAGS: CJAN PREL PTER US JO
SUBJECT: U.S.-JORDAN EXTRADITION TREATY: AMBASSADOR ASKS
GOJ TO SUBMIT TREATY TO PARLIAMENT

Classified By: Amb. Edward W. Gnehm for reasons 1.5 (b)(d)

--------------
SUMMARY
--------------


1. (C) The Ambassador on October 5 asked FonMin Muasher to
have the GOJ to submit the U.S.-Jordan extradition treaty to
the Parliament for ratification. Muasher promised to raise
the issue with the PM and cabinet. The MFA Legal Advisor
told us separately that, while the legal obstacles to full
implementation of the treaty would be surmountable after
parliamentary approval, the political hurdles in Parliament
could be more difficult to overcome. With the first regular
session of the new Parliament convening on December 1, we
believe now is the time to press the extradition treaty with
the GOJ. END SUMMARY.

--------------
SUBMIT THE TREATY FOR PARLIAMENTARY APPROVAL
--------------


2. (C) The Ambassador told Foreign Minister Marwan Muasher
October 5 (other topics septels, notal) that the U.S. wishes
to move ahead to ensure full implementation of the 1995
U.S.-Jordan bilateral extradition treaty. In view of
Jordanian court rulings that have declared the treaty not in
force because it has not been ratified by the Jordanian
Parliament, the Ambassador asked that the GOJ present the
treaty to the new Parliament for formal approval. Muasher
said that he would take the request to the Prime Minister and
cabinet, but made no other substantive comment.

--------------
MFA LEGAL ADVISER: LEGAL HURDLES NOT HIGH...
--------------


3. (C) PolCouns discussed the extradition treaty and
strategies for achieving its full implementation October 2
with Samer Naber, the MFA's Legal Advisor, and Mohammed Ali
Nsour, an MFA Attorney. Naber said that the Jordanian Court
of Cassation had ruled clearly that the treaty has not
entered into force because the Parliament had not approved
it. He agreed with the court decision which states that
Article 33(ii) of the Jordanian constitution requires
Parliamentary approval of this type of agreement. "I don't
know who the lawyers were who told King Hussein that he had
the authority to ratify the treaty by a decree. They were
not very good." The first legal hurdle to be overcome before
achieving full implementation of the treaty, he said, would
be parliamentary approval.


4. (C) Naber explained that the Court of Cassation had also
ruled that Article 9(i) of the Constitution ("No Jordanian
may be deported from the territory of the Kingdom.") would
prevent extradition of a Jordanian citizen under the
bilateral extradition treaty. Naber did not agree with this
interpretation, and believed that the GOJ could mount a
successful legal challenge to it. First, he said, Article
21(ii) of the Constitution permits "extradition of ordinary
criminals" according to "international agreements and laws,"
in his opinion clearly giving the GOJ and Parliament the
authority to sign, ratify, and implement extradition
treaties. Furthermore, Jordan has a collective extradition
agreement within the context of the Arab League and routinely
extradites Jordanian citizens accused of crimes to other Arab
countries under this arrangement. If the first hurdle of
Parliamentary approval can be cleared, he said, good legal
arguments and "technical ground work" should ensure the
treaty's full implementation.

--------------
... BUT POLITICAL HURDLES FORMIDABLE
--------------


5. (C) Naber felt, however, that the political hurdles to
full implementation of the treaty would make for "a real
uphill struggle." First, the cabinet would have to make a
political decision to send the treaty to Parliament for
approval. With about 200 provisional laws currently pending
before the Parliament, Naber wondered if the government would
want to add another potentially controversial item to its
legislative agenda. Second, Naber explained, the new
Parliament and its Legal Affairs Committee have been less
than cooperative in their current review of international
agreements. The GOJ submitted to the Parliament documents
ratifying the 1999 Convention on the Suppression of the
Financing of Terrorism. The Legal Committee has held several
meetings to discuss the Convention, but seems unable to
understand the necessary and compelling reasons why Jordan
should adhere to it. Given the difficult slog to get
approval of the Terrorism Finance Convention, Naber feared
that the U.S.-Jordan extradition treaty would be a lightning
rod for criticism of the U.S. for unrelated U.S. policies in
Iraq and the Middle East peace process.

--------------
COMMENT
--------------


6. (C) In the absence of Parliament over the past two
years, the Embassy has tried to lay the groundwork for
parliamentary approval of the extradition treaty in numerous
conversations with GOJ officials. The Ambassador's request
to the Foreign Minister to present the treaty to Parliament
is the first formal step in what is likely to be a lengthy
process. However, with the first regular session of the new
Parliament scheduled to begin on December 1, we believe that
now is the time to begin to push this issue with the GOJ.
The Ambassador will raise the treaty when he next sees Prime
Minister Abul Ragheb and again press for a cabinet decision
to submit the treaty to Parliament.

Visit Embassy Amman's classified web site at

http://www.state.sgov.gov/p/nea/amman/

or access the site through the State Department's SIPRNET
home page.
GNEHM