JORDAN: HONOR CRIME TRIBUNAL SETS NEW PRECEDENT:

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 002307

SIPDIS

E.O. 12958: DECL: 10/15/2019
TAGS: PGOV PHUM KWMN KJUS KMPI JO
SUBJECT: JORDAN: HONOR CRIME TRIBUNAL SETS NEW PRECEDENT:
KING APPOINTS REFORMIST AS CHIEF JUSTICE

REF: A. AMMAN 1885

B. AMMAN 1884

C. AMMAN 1821

D. AMMAN 1674

E. AMMAN 1673

F. AMMAN 1618

G. AMMAN 1558

H. AMMAN 1509

I. AMMAN 1318

J. AMMAN 471

K. 08 AMMAN 3280

L. AMMAN 08 AMMAN 3123

M. 03 AMMAN 6027

Classified By: Deputy Chief of Mission Lawrence Mandel for reasons 1.4
(b) and (d).


1. (C) Summary: On October 12, Jordan's newly formed honor
crimes tribunal issued a 15-year sentence in its first
verdict. This is the first time a lower court has issued a
full 15-year murder sentence in an honor crime case without
reducing the sentence for "mitigating circumstances." Only a
year ago, six month sentences were the norm as judges often
used a "fit of fury" article in the penal code. More
recently, judges had refrained from using "enraged emotions"
to give extremely lenient sentences but halved the murder
sentence to seven-and-a-half years when the victim's family
does not press charges (as allowed under another penal code
article). Post has strongly pressed at all levels of
government and within the judiciary the need to correctly
apply penal code articles in honor crime cases and will
continue to press for further reform, including legislative
changes. A day after the tribunal's ruling, the King
appointed an experienced and reform-minded judicial expert as
the new Chief Justice. With two reformers holding the two
senior judicial positions, Minister of Justice and Chief
Justice, contacts are optimistic for even greater reform of
the judiciary, including further improvements in the
investigation, prosecution, and sentencing of human
rights-related cases. End Summary.


2. (SBU) Jordan's new honor crime tribunal established a new
judicial precedent with its first verdict. The tribunal
issued a 15-year sentence to a 21-year-old man who was
convicted of stabbing and killing his married sister in the
Jordan River Valley in 2008 because she allegedly slept with
another man. While judges have refrained from utilizing the
"fit of fury" article in the last six cases, sentences were,
until recently, halved from 15 years to seven-and-a-half
years because the family refused to press charges. (Note:
The penal code gives judges the authority, but does not
obligate them, to reduce charges up to half of the original
sentence if the victim's family does not press charges. End
Note) In this case, the tribunal reportedly did not take
into account such a reduction as they felt reductions should
not be given when the perpetrator and victim come from the
same family.


3. (SBU) Activists inside and outside the judiciary have been
waiting for the tribunal's first ruling to gauge its
potential impact since it was announced in July (ref C).
They are hailing the tribunal's creation and now its first
ruling as a significant step forward in ensuring proper
investigation, prosecution, and sentencing of such crimes.
However, non-governmental activists and reformers in the
judiciary agree that more needs to be done and they intend to
keep the combating of violence against women and honor crimes
as a top priority. Measures being discussed, include the
formation of a similar tribunal at the appellate level,
further training of judges and prosecutors on violence
against women, passage of penal code amendments to strengthen
sentencing guidelines, and enhancing the national and
community-level dialogue, especially among the youth, on
these issues. Additionally, most Jordanians, including
parliamentarians and government officials, remain unaware
that an honor crime tribunal exists.


4. (SBU) News of the tribunal's decision broke on the same
day that the King appointed Rateb Wazani as the new Chief
Justice of the Higher Judicial Council. Post will report
septel on the significance of the change in the Judicial
Council's leadership but Wazani is viewed as a reform-minded
individual with vast experience in the judiciary, including
as a former Minister of Justice. Wazani has also been
involved with several women's rights initiatives. (Note: The
judicial council, in effect, sits at the top of Jordan's
judicial system and, among other responsibilities, appoints
and assigns judges and prosecutors. End Note) The fact that
the Ministry of Justice and Judicial Council are now led by
two reformers and the fact that the King's statement
announcing Wazani's appointment stressed that the

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modernization of the judiciary remains a top priority has
generated even greater optimism for judicial reform and
improved handling of honor crime, domestic violence, child
abuse, and other human rights-related cases.


5. (C) Comment: There has been a marked improvement in the
judiciary's use of existing law to try honor crimes cases.
Only a year ago, six-month sentences were the norm and not
the exception because judges often felt that the perpetrator
was too enraged by the behavior of the woman to control his
actions. Post has long discussed with GOJ officials at all
levels the misuse of the "fit of fury" article in such cases.
Starting in early 2009, seven-and-a-half year sentences
became the norm after judges stopped using the "fit of fury"
article but still would cut sentences in half because the
victim's family would not press charges. Post has also
focused on the reduction of charges when the perpetrator and
victim are from the same family. The October 12 sentence was
a milestone and a victory for the long-time efforts of local
activists, the work of reformers in the judiciary, and
U.S.-Jordanian dialogue on human rights issues. Work
remains, especially to change attitudes regarding honor
crimes and towards women's rights. While one case does not
specifically establish an major shift in judicial thinking,
optimism became the norm among advocates of reform for at
least one day. End Comment.
Beecroft