JORDAN'S JUSTICE MINISTER OUTLINES WAY FORWARD ON

S E C R E T SECTION 01 OF 02 AMMAN 000613

SIPDIS
NOFORN

E.O. 12958: DECL: 03/04/2019
TAGS: PREL KJUS JO
SUBJECT: JORDAN'S JUSTICE MINISTER OUTLINES WAY FORWARD ON
EXTRADITION TREATY

REF: A. 08 AMMAN 1834

B. 08 AMMAN 1128

C. 06 AMMAN 1109

D. 05 AMMAN 3151

E. 03 AMMAN 7147

F. 03 AMMAN 6518

G. 03 AMMAN 3332

Classified By: Ambassador R. Stephen Beecroft
for reasons 1.4 (b) and (d).


1. (U) This is an action request. See paragraph seven.


2. (S/NF) Summary: In a recent meeting with Ambassador,
Minister of Justice Ayman Odeh offered a way forward on the
long-standing issue of the 1995 U.S.-Jordanian extradition
treaty. The treaty, which was never ratified by parliament,
was struck down as unconstitutional by the Jordanian courts
in 1997. Odeh asserted that political barriers would
continue to stand in the way of resubmitting the treaty as it
currently stands. He suggested that the treaty be revised to
remove mandatory extraditions in favor of a case-by-case
system similar to the extradition treaties Jordan has with
some Arab states. This is a highly sensitive matter for the
Jordanian government and demands discretion on our part.
After more than a decade of gridlock on the extradition
issue, Odeh's proposal may be the best practical way forward.
End Summary.

Treaty, Interrupted
--------------


2. (C) Ambassador and Minister of Justice Ayman Odeh met
February 15 to discuss the status of the moribund
U.S.-Jordanian extradition treaty. The treaty, which the
U.S. still considers to be in force, was endorsed by both
sides in 1995. King Hussein implemented the treaty as a
provisional law, bypassing parliamentary scrutiny but making
the treaty vulnerable to constitutional challenge (Ref A).
In January 1997 the treaty was struck down by Jordan's High
Court of Justice as unconstitutional. The ruling was
procedural, not substantive -- the court ruled that the
treaty had to be submitted to parliament under Article 33 of
Jordan's constitution, which says that "treaties and
agreements which...affect the public or private rights of
Jordanians shall not be valid unless approved by the National
Assembly." Successive governments have refused to send the
treaty to parliament for ratification, usually with the
excuse that "the time is not right."


3. (C) Odeh made it clear to Ambassador that parliament
would continue to view an extradition treaty with the U.S.
with great suspicion for the foreseeable future. According
to Odeh, MPs object to the treaty's provisions that mandate
extradition, and they are concerned that Jordan will lack
options when sensitive cases come to the fore. Overcoming
this parliamentary objection would simply be "too difficult"
in Odeh's eyes, particularly since no other treaties that
Jordan had entered into required extradition of Jordanian
nationals. Odeh noted that Jordan has entered into a number
of treaties that address the question of extradition. Those
treaties take two distinct approaches to the subject. Some
affirm that Jordan will not extradite Jordanian citizens in
any case. Others, however, state that Jordan "may refuse to
surrender Jordanian citizens" (Odeh cited Jordanian treaties
with Lebanon, Syria, and Yemen as examples).

Odeh's Proposal
--------------


4. (S/NF) As a way to resolve the current impasse over the
U.S.-Jordanian treaty, Odeh proposed drafting a new treaty
along the lines of the current one with a revision stating
that Jordan may refuse to surrender its citizens. The change
from mandatory to discretionary extradition would, Odeh
believed, ease passage of a treaty in parliament by allowing
the government to refer to existing treaties. Odeh suggested
that a revised treaty along the lines he suggested would, as
a general matter, effectively allow the government to
extradite Jordanian nationals as requested by the U.S. In a
separate, earlier meeting, Prime Minster Nader Al-Dahabi
informed the Ambassador that he was aware of Minister Odeh's
proposal for revising the treaty and that he supported it.

Further Hurdles
--------------


5. (C) Article Nine of Jordan's constitution categorically
states that "no Jordanian may be deported from the territory
of the Kingdom." That broad prohibition is tempered,

AMMAN 00000613 002 OF 002


however, by Article 21, which says that "extradition of
ordinary criminals shall be regulated by international
agreements and laws." When asked about these further
constitutional barriers, Odeh distinguished between the
permanent expulsion of Jordanian nationals and extradition.
He explained that the constitution barred the permanent
expulsion of Jordanian nationals rather than "temporary"
extradition, noting that extradited Jordanians could return
to the country following their trial and/or imprisonment
abroad.

Moving Forward
--------------


6. (S/NF) Odeh met with Ambassador one-on-one to discuss the
status of the treaty and is treating the matter
confidentially. Given this confidentiality, post is not
consulting with Jordanian legal experts or others to obtain a
second opinion on the legal and parliamentary viability of
Odeh's proposal. Based on multiple previous efforts to
address this issue and our analysis of the current
parliamentary environment, however, we agree with Odeh's
assessment that the Jordanian government will not now or
anytime in the near future be willing or able to compel
parliamentary approval of the current treaty.


7. (S/NF) Action Request: Odeh asked that the U.S. consider
his proposal and then quietly respond through Ambassador. If
the U.S. was willing to engage, Jordan would suggest
arrangements for the two sides to meet and begin work.

Comment
--------------


8. (C) The extradition treaty issue has been an irritant in
U.S.-Jordanian relations for over a decade (Refs B-G). After
years of resistance to the issue by successive Jordanian
governments, Odeh's overture is an indication that Jordan is
seriously looking for ways to deal with the problem. His
proposal may be the most practical and politically realistic
way for the U.S. to pursue extradition of Jordanian and third
country nationals.
Beecroft