06 September 2013

Jordan: Release or Ensure Fair Trial For Detained Activists

Update - 11 September 2013 

Hisham Al Heysah and Bassem Al Rawabedah today appeared for a second time before the Jordanian State Security Court (SSC), but the trial was postponed to 24 September as the prosecution's witnesses failed to  attend today's session.

Last Wednesday, 4 September, Hisham Al Heysah and Bassem Al Rawabedah, two Jordanian activists appeared before the Jordanian State Security Court (SSC), a special Court notorious for its disrespect of fair trial norms. Along with Thabet Assaf and Tarek Khoder, two fellow activists, they were arrested after participating in protests calling for reforms, or the release of their colleagues in June and July 2013. All four are members of the Islamic Jordanian Youth Movement - a movement stating that it advocates for civil and economic reforms. On 9 August, they started a hunger strike to protest against the arbitrary nature of their detention.

In addition, the Jordanian authorities have on occasions refused to provide them with liquids, leading to their health deteriorating, and a possibility of developing kidney failure.

Hisham Al Heysah was the first to be arrested on 13 June 2013. He was detained for four days without being given a reason then released. The following day he was summoned to the SSC, after participating in a protest the night of his release. When he arrived at the Court, he was asked to sign a document stating that he was against the protests; a demand which he refused. Subsequently, Mr Al Heysah was again arrested and sent to Al Zarqaa Prison. He was interrogated by a Military Prosecutor without the presence of a lawyer in the SSC and on 3 July charged with undermining the political system of the Kingdom and inciting sentiments against it, a charge based on article 149 of the Jordanian Penal Code. Mr Heysah appeared a first time before the SSC on 4 September 2013, and his trial was adjourned to 1 October 2013. Likewise, Mr Al Rawabedah faces the same charges, and was also questioned by a military prosecutor in the SSC after being arrested on 19 June subsequent to his participation in a sit-in in front of the Council of Ministers in Amman to demand the release of Mr Al Heysah.

Mr Assaf and Mr Khoder were arrested on 4 July in front of the Roman Coliseum Square in Amman after their participation in a political debate and organizing a protest. Both men were held incommunicado for 9 days. They also underwent interrogations by a military prosecutor in the SSC but have not been formally charged. Yet, they continue to be detained to date.

Alkarama has condemned the arrest and trial process of the four men since they were arrested while exercising their right of freedom of expression and assembly, and because the SSC does not afford defendants basic due process rights according to international fair trial standards. The SSC is made up of two military and one civilian judge. There is a common practice of long pre-trial detention, lack of access to legal counsel, and reports of statements made under duress being used as evidence in court. Although the competencies of the Court have been reduced to five areas of jurisdiction, its provisions remain vague enough for broad and arbitrary application, allowing it to use its powers to detriment opposition, as reaffirmed by Alkarama in the recent UPR-Info organized 'pre-session briefings'.

The Jordanian authorities should undertake all possible steps towards the release of the four men, or ensure their fair trial before an impartial and independent court. Also, we call upon the authorities to certify that detainees on hunger strike have access to liquids and medical assistance.

Jordan - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 28.05.1975
Optional Protocol: No

State report: Due on 29.10.2014 (5th)
Last concluding observations: 18.11.2010

Convention against Torture (CAT)

CAT: Accessed on 13.11.1991
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

Last State report: 19.08.2014 (3rd)
Last concluding observations: 25.05.2010

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: October 2013 (2nd cycle)
Next review: N/A

National Human Rights Institution (NHRI)

National Centre for Human Rights (NCHR) – Status A

Last review: 10.2010
Next review: 11.2015