judiciary, more appropriately the establishment this Court and appointment its
judges shall be provided for directly by the law.
2- Derogation from the general norms included in the Penal Code with respect to A.
rules of “complicity" and the respective responsibilities of the perpetrator, partner,
instigator and accomplice in the commission of these crimes. B. the powers
conferred upon law-enforcement officers/ police in holding in custody detainees for
7 days, a period excess the maximum statutory duration of 24 hours stipulated in the
Criminal procedures Law. C. appeals period against judgments of the State Security
Courts in criminal cases.
Second: the continued operation of the Prevention of Terrorism Act No. 5 of Jordan for
the year 2006 and its amendments. NCHR view that the Law includes number of
problematic areas, notably;
-
The expansion of the concept of a terrorist act under Article (2) of the Law, in a
manner contrary to the definition of a terrorist act stipulated in the Penal Code under
Article 147
-
Overlooking the concept of criminal intent ( mens rea) in the provisions of Article
(2) of the Law, authorizing a judge to apply the legal provisions on crimes, and
charge the accused as being terrorist based on ordinary acts may not actually
constitute terrorist acts.
-
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 this allows
for discretion when invoked during the application of the legal provisions. This
entails considering any action or activity, falling within its scope, as an act of
terrorism.
-
Article (3/ b) of the Law considers any act capable of destabilizing the relations of
the Jordan with a foreign state an act of terrorism.
Freedom of opinion and expression (art. 19)
20- It is to be indicated that Prevention of Terrorism remains in the form indicated in the
answer of question 8 here-above. However, the government made modifications on this
Law, and published within the draft law amending the Anti-Terrorism Law 2016 on the
website of the Legislation and Opinion Bureau. The draft bill includes the following:
- According to the Prevention of Terrorism Act, nearly five journalists were arrested in
2015 on charges of disturbing relations with a neighboring state or promoting the
ideas of a terrorist group. However, the frequency of arresting and trying journalists
under the Prevention of Terrorism Act declined in 2016; as no journalist was
detained under the Prevention of Terrorism Act in that year. Among the most
significant challenges faced by detainees under the Prevention of Terrorism Act , are
the prolonged detention of the accused, which is, in certain cases, not based on
specific regulations, and the detention process may continue until verdict is given,
are t, while the Center did not observe, during its visits to prisoners of conscious
and journalists - especially those arrested on charges of incitement of subverting the
system of government or disturbing relations with a foreign state – that they being
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