-the Center on 3/23/2014 addressed the Government, and the Senate and the House of
Representatives, whereby it expressed its opinion about the draft of the Prevention of
Terrorism Law, which still raises wide legally constitutional controversy , and needs a
comprehensive review, especially in terms of :
(a)The third article that came overly vague and broad. It considered several acts as terrorist
offenses, making it subject to discretion and interpretation and hence unpredictable, open to
abuse, and in violation the principle of the legality of crimes and penalties, (b) Article 8,
which grants the State Security Court the jurisdiction to consider the crimes of terrorism,
which their parties are civilians, whereas it is essentially that all cases of civilians shall be
heard by civilian courts who have the competence to do so, (c) of Article 7, which
considered a contravention of the general norms in the penal law, such the rules of
“criminal complicity” and the general provision on attempting to commit a criminal
offence. This was done in an effort to bring the Jordanian legislation in harmony with the
international human rights standards .
The Center believes that the Prevention of Terrorism Law No. (18) For the year 2014 in
force includes many of the problems that can be highlighted as follows :
1- The expansion of the concept of a terrorist act under Article (2) of the Law, beyond
the definition of a terrorist act stipulated in the Penal Code under Article 147. It is
well recognized that expansion of the definition raises a conflict in the legislative
system during the application of the penal provisions, which constitute a source of
equality and infringes on the principles of fair trial for the concerned litigants.
2- Overlooking the concept of criminal intent ( mens rea) under Article (2) of the Law,
which entitles a judge to apply the legal provisions on ordinary acts that may not
actually amount terrorist crimes, and hence, results in the unfound attribution of
terrorism for the accused person. This is in violation of the international standards
that ensure the fair trial guarantees and not to prosecute the crimes except upon a
criminal conspiracy (Article 14 of the ICCPR, and Articles (7) and (11) of the
UDHR, and Article 2 of the United Nations Convention against Transnational
Organized Crime.
3. Describing terrorist acts by vaguely-worded and broad terms such as the "public
order", "jeopardizing the safety of the community," “sow discord" " disturbing
public order ", "terrorizing people." These phrases have wide significance; hence
open to misuse when invoking them during the application of the legal provisions
and leads to considering any action or activity as an act of terrorism! This violates
with the international standards, specifically articles (4 and 14) of the ICCPR which
ensures that authorities shall not to take any measures that would prejudice the
rights guaranteed, or derogate in any form the guarantees of fair trial.
4. Article (3/ b) of the Law considers any act capable of destabilizing the relations of
Jordan with a foreign state an act of terrorism. This would allow the inclusion of
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