JORDAN: FAMILIES THAT KILL AND THE LAW THAT

S E C R E T SECTION 01 OF 02 AMMAN 001673 SIPDIS E.O. 12958: DECL: 07/25/2019 TAGS: PGOV PHUM PREL KWMN KJUS KMPI JO SUBJECT: JORDAN: FAMILIES THAT KILL AND THE LAW THAT PROTECTS THEM REF: A. AMMAN 1618 ¶B. AMMAN 1558 ¶C. AMMAN 1318 ¶D. AMMAN 471 ¶E. 08 AMMAN 3280 ¶F. 03 AMMAN 6027 Classified By: Ambassador R. Stephen Beecroft for reasons 1.4 (b) and (d). ¶1. (SBU) Summary: Reform of the penal code to ensure that perpetrators of honor crimes face harsher prison sentences has long been a topic of discussion in Jordan. Recently, however, judges have abandoned the use of Article 98, which permitted sentences as low as six months when the perpetrator committed his crime in a "fit of fury." Instead, judges have now begun to prosecute honor crimes as murders, giving the defendant a minimum fifteen-year sentence. While this is a welcome trend, unfortunately these sentences are immediately reduced by half, as permitted under Article 99, if family members drop charges. The use of Article 99 by judges is discretionary but, to date, no judge has refused its application in the prosecution of cases in 2009. There is a need for more judicial training to clarify for judges what sentences are mandatory versus discretionary under the existing law. End Summary. Shifting the Focus of Prosecutions -------------- ¶2. (SBU) Historically, activists have called on the government of Jordan to reform Article 98 of Jordan's penal code, which allows murderers in honor crime cases to benefit from a reduced sentence if they commit their crimes in a "fit of fury" based on alleged provocations or immoral behavior by the victim. Article 98 was last used in January 2009 to grant a 19 year-old man a six-month prison sentence for murdering his sister and her alleged Syrian lover. ¶3. (SBU) In the last few months, however, judges have shifted away from the application of Article 98. In the last five honor crime convictions, judges have prosecuted the defendants' crimes as "regular" murders, sentencing them initially to 15-year prison terms. Though this is a welcome change, no murderer has actually been given a full 15-year sentence due to the application of Article 99 rather than Article 98. Article 99 Offers Families Undeserved Immunity -------------- - ¶4. (SBU) Article 99 of the Penal Code states that if family members of a victim drop charges against the perpetrator, the court "has the power to reduce any criminal sentence by half." In cases of honor crimes or child abuse, the victim is almost always from the same family as the perpetrator and, therefore, the family frequently requests that the court drop charges. In the last five honor crime convictions, the murderers were sentenced to 15-year prison terms, but the sentences were immediately reduced to seven-and-a half years after families dropped the charges. (Note: Conspiracy is often an element of an honor crime. Fathers ask their younger sons to commit these murders in defense of the family's honor with the understanding that courts will be lenient when the family later drops the charges. End Note.) Judging the Judges -------------- ¶5. (SBU) Article 99 gives judges the discretion to reduce sentences when families drop the charges, but does not make sentence reductions mandatory. However, due to pressures from families and the trend of the previous rulings of other judges, all judges so far this year have agreed to reduce sentences in half in response to family requests. (Note: Jordan's judicial system is not based on precedent, so judges are not obligated to base their rulings on any previous cases. End Note.) ¶6. (U) Recently, the Arabic press in Jordan has focused on judicial sentencing procedures and Article 99. While the Jordan Times, an English language newspaper, has often reported on this issue, it is significant that lenient sentences for perpetrators of honor crimes are now also being criticized in the Arabic press, which has called for reforms to the penal code. Comment -------------- AMMAN 00001673 002 OF 002 ¶7. (S) For many years, the focus of honor crime opponents has been on the reform of Article 98 of the Penal Code, which grants six month sentences for murderers who act in a "fit of fury." Post has continued to press the government of Jordan on this penal code reform issue and the Ambassador has raised it in discussions at the highest levels of government. The King has expressed his outrage on the issue and has told us that judges need to be "educated" on the proper application of Article 98 and 99 in honor crimes cases. Though the government has placed Article 98 reform on the agenda for the current extraordinary session of parliament, many contacts have told us it is unlikely that parliament will consider these amendments or, if it does, that this Parliament has the political will to amend the law and increase sentences for honor crimes (Septel). ¶8. (C) Post recently raised Article 99 sentencing with the Minister of Justice, who said he believes reforms are necessary to abolish the use of the article when the murderer and victim are from the same family. He believes that Article 99 should still apply, however, with regards to crimes involving two tribes, where blood money or payment is often involved. Post is continuing to work with judges. Since Article 99 is discretionary, we see this as an opportunity to educate judges on their role as impartial arbiters of justice. USAID continues to engage in judicial training and this August will conduct training specifically for the twelve judges who rule on honor crime cases. End Comment. Visit Amman's Classified Website at http://www.state.sgov.gov/p/nea/amman Beecroft