Jordan
Information current as of: June 28, 2013
General
Official Country Name
Hashemite Kingdom of Jordan (Jordan). [1]
Geographical Region
Asia (Western Asia). [2]
Death Penalty Law Status
Retentionist. The last execution in Jordan took place in 2015. [3]
Methods of Execution
Hanging. [4]
Comments.
Shooting was also previously used as a method of execution, but two recent reports suggest that hanging is now the sole method of execution, although no executions have taken place since 2006. [5]
References
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Country Details
Language(s)
Arabic. [1]
Population
6,510,000. (2011 census). [2]
Number of Individuals Currently Under Sentence of Death
Approximately 120.
According to figures obtained from an official in the Jordanian Department of Correction and Rehabilitation Centers, there were 120 death-sentenced inmates in Jordan’s prisons as of October 10, 2017. [3] According to Amnesty International, at least 16 death sentences were imposed in 2018 [4] and more than ten in 2017. [5]
(This question was last updated on May 30, 2019.)
Annual Number of Reported Executions
Executions in 2020 to date (last updated on July 1, 2020)
0. [6]
Executions in 2019
0. [7]
Executions in 2018
0. [8]
Executions in 2017
15. [9]
Executions in 2016
0. [10]
Executions in 2015
2. [11]
Executions in 2014
11. [12]
Executions in 2013
0. [13]
Executions in 2012
0. [14]
Executions in 2011
0. [15]
Executions in 2010
0. [16]
Executions in 2009
0. [17]
Executions in 2008
0. [18]
Executions in 2007
0. [19]
Year of Last Known Execution
2017. [20]
References
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Crimes and Offenders Punishable By Death
Crimes Punishable by Death
Aggravated Murder.
Murder committed in the commission of a felony and the murder of an ancestor are punishable by death. [1] The death penalty also applies if the offender commits murder or acts of torture during the commission of a highway robbery or assault along a public road or in the countryside. [2]
Murder.
Under the Jordanian Penal Code, anyone who kills a person ‘willfully’ (Arabic: “qasdan,” meaning “intentionally, purposefully, advisedly”) is punished with 15 years of hard labor. [3] However, anyone who kills a person with premeditation (Arabic: “al-israr al-sabq” meaning “premeditated persistence, perseverance, insistence”) is punished with death. [4]
Terrorism-Related Offenses Resulting in Death. [5]
Terrorism-Related Offenses Not Resulting in Death.
If the terrorist act uses explosives; radioactive materials; chemical, biological, or radioactive weapons; or if it destroys or partially destroys a building in which one or more people are present, the offense is punishable by death. [6]
Rape of Child Not Resulting in Death.
If the victim is a girl under the age of 15, the offense is punishable by death. [7]
Robbery Not Resulting in Death.
Aggravated highway robbery, i.e. committed with acts of torture or other barbaric acts during the commission of the crime, is punishable by death. [8]
Drug Trafficking Not Resulting in Death.
General drug trafficking offenses and dealing or dispensing drugs in conjunction with arms smuggling or money laundering/counterfeiting are punishable by death. [9]
Treason. [10]
Making an attempt on the life of the King, Queen, or Regent and working unlawfully to change the Constitution are punishable by death as “crimes against the constitution.” [11] Pursuant to the Law on the Protection of State Secrets and Documents, if the intended recipient of classified information is an enemy foreign state, the offense is punishable by death. [12] Under article 14 of the State Secrets Law, if anyone has entered a restricted access place or attempted to enter such a place for the purpose(s) of accessing secrets, items, protected documents or confidential information which must remain secret for the state’s security and the recipient is an enemy foreign state, the person shall be sentenced to death. [13] Article 15(b) states that “anyone who steals classified information for the benefit of an enemy foreign state shall be sentenced to death.” [14] Article 16(b) notes that “anyone who disclosed protected information through his position in a Department to an enemy foreign state shall be sentenced to death.” [15]
Espionage. [16]
War crimes, crimes against humanity and genocide.
Under Articles 41 and 42 of the Military Criminal Code, people who participate or incite others to participate in war crimes relating to arrest, detention, torture and inhumane treatment may be sentenced to death. [17]
Other Offenses Not Resulting in Death.
Article 11(c) of the Jordanian Firearms and Ammunitions Law states that “anyone who manufactured, imported, acquired, transferred, sold, bought or was an intermediary in buying or selling any gun or automatic weapon without a license (warrant), with the intention of using it illicitly, may be punished by death and the weapon shall be forfeit.” [18]
Comments.
2010 amendments to the Jordanian Penal Code eliminated the death penalty for arson and for crimes against the constitutional authorities through armed rebellion, further reducing the number of death eligible crimes in the country. [19]
Does the country have a mandatory death penalty?
Yes. [20]
For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?
Drug Trafficking Not Resulting in Death. [21]
War crimes, crimes against humanity and genocide.
It is unclear whether inciting others to participate in war crimes carries a mandatory death sentence. [22]
Crimes For Which Individuals Have Been Executed Since January 2008:
There have been no reported executions since 2006. [23]
Categories of Offenders Excluded From the Death Penalty:
Individuals Below Age 18 At Time of Crime. [24]
Pregnant Women. [25]
Although women cannot be executed while pregnant, Jordan’s Penal Code (1960) and its Code of Criminal Procedure (1961) seem to be at odds as to the extent of the exclusion: Article 17 of the Penal Code states that a pregnant woman’s sentence will be commuted to hard labor, while the Code of Criminal Procedure says that a pregnant woman sentenced to death may be executed three months after the birth of her child. [26]
Mentally Ill. [27]
Article 92 of the Penal Code states generally that a person who does not recognize the nature or illegality of his acts because of a mental disorder will not be punished, but will be confined to a mental institution until he no longer represents a danger to public safety. [28] Article 29 states that the death penalty shall be suspended in the case of a mentally incapacitated person; however, if a medical committee determines that he has regained sanity, he may be executed. [29]
Intellectually Disabled.
Article 92 of the Penal Code states generally that a person who does not recognize the nature or illegality of his acts because of a mental disorder will not be punished, but will be confined to a mental institution until he no longer represents a danger to public safety. [30]
References
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International Commitments
ICCPR
Party?
Yes. [1]
Date of Accession
May 28, 1975. [2]
Signed?
Yes. [3]
Date of Signature
Jun. 30, 1972. [4]
First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee
Party?
No. [5]
Date of Accession
Not Applicable.
Signed?
No. [6]
Date of Signature
Not Applicable.
Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty
Party?
No. [7]
Date of Accession
Not Applicable.
Signed?
No. [8]
Date of Signature
Not Applicable.
American Convention on Human Rights
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Death Penalty Protocol to the ACHR
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
African Charter on Human and Peoples' Rights (ACHPR)
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Protocol to the ACHPR on the Rights of Women in Africa
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
African Charter on the Rights and Welfare of the Child
Party?
Not Applicable.
Date of Accession
Signed?
Not Applicable.
Date of Signature
Arab Charter on Human Rights
Party?
Yes. [9]
Date of Accession
October 28, 2004. [10]
Signed?
Yes. [11]
Date of Signature
October 28, 2004. [12]
2018 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [13]
Vote
Abstained. [14]
Signed the Note Verbale of Dissociation
No. [15]
2016 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [16]
Vote
Abstained. [17]
Signed the Note Verbale of Dissociation
No. [18]
2014 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [19]
Vote
Abstained. [20]
Signed the Note Verbale of Dissociation
No. [21]
2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [22]
Vote
Abstained. [23]
Signed the Note Verbale of Dissociation
No. [24]
2010 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [25]
Vote
Abstained. [26]
Signed the Note Verbale of Dissociation
No. [27]
2008 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [28]
Vote
Abstained. [29]
Signed the Note Verbale of Dissociation
No. [30]
2007 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [31]
Vote
Against. [32]
Signed the Note Verbale of Dissociation
Yes. [33]
References
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Death Penalty In Law
Does the country’s constitution make reference to capital punishment?
Yes. The Constitution notes that death sentences cannot be carried out until the Council of Ministers presents the sentences, with their commentary, to the King, and the King confirms the death sentences. [1] More generally, the Constitution also notes that the King has the power to grant pardons and remit sentences. [2]
Does the country’s constitution make reference to international law?
The Constitution states that only “ordinary criminals” (as opposed to political refugees, who are not extradited) will be extradited according to international laws and agreements. [3] Article 24 of the Jordanian Civil Code states that in a situation where national and international law are incompatible, national law will not apply and international laws or treaties will take precedence over national legislation. Thus, international conventions ratified by Jordan become an integral part of national law and take precedence over national law. [4] Moreover, a 2003 ruling by the Court of Cassation (Ruling No. 818/2003) holds that international law trumps national law in case of a conflict between the two, and that new national laws may not be passed if they are incompatible with international law. [5] This position may be limited or expansive—while it likely gives supremacy to international human rights treaties, such as the Arab Charter on Human Rights, which have become national law and are published in the Official Gazette. It also applies to any international human rights treaty to which Jordan is a party, particularly the International Covenant on Civil and Political Rights (ICCPR). We were not able to obtain an official copy of the Court’s decision that would allow us to analyze the scope of the ruling.
Have there been any significant changes in the application of the death penalty over the last several years?
There are signs that Jordan may be gradually restricting its use of the death penalty. No one has been executed in Jordan since 2006, at the request of the King. [6] King Abdullah stated in late 2005 that Jordan “could soon become the first country in the Middle East without capital punishment.” [7]
In 2006 and 2010, Jordan also abolished the death penalty for a number of crimes, including some drug-related offenses, crimes against constitutional authorities through armed rebellion (art. 137(1) of the Penal Code) and arson resulting in death (art. 372 of the Penal Code). [8] However, the original government bill had also included a proposal that the death penalty be abolished for six “national security” crimes, including espionage, treason and terrorism. The latter amendments, however, were not approved.
Jordan abstained from voting on the U.N. General Assembly’s Resolution for a universal moratorium on executions in 2008, 2010 and 2012, in contrast with its ‘No’ vote in 2007. [9] This pattern of abstentions has been noted as a positive development by the Jordanian media. [10]
Nevertheless, there are also signs that the use of the death penalty for certain offenses is firmly entrenched. In 2009, the Jordanian Justice Minister, Ayman Odeh, stated that “this penalty [the death penalty] will still be imposed on premeditated murders.” [11] Moreover, Jordanian courts continue to hand down death sentences with regularity. Between April April 2012 and February 2013, 26 people were sentenced to death, and as of February 2013 there were at least 106 people under sentence of death. [12]
Is there currently an official moratorium on executions within the country?
No. A de facto moratorium seems to be in place. In April 2007, the King of Jordan issued an instruction that executions were on hold until further notice, and no executions have taken place since then. [13] During the Human Rights Council’s Universal Periodic Review in 2009, however, Jordan rejected recommendations by Brazil, Chile and Ireland that it establish an official moratorium as a step toward achieving full abolition. [14] Meanwhile, Jordan continues to hand down death sentences. Between April April 2012 and February 2013, 26 people were sentenced to death, and as of February 2013 there were at least 106 people under sentence of death. [15]
Have there been any significant published cases concerning the death penalty in national courts?
Yes. In 2009, after a retrial, the Court of Cassation decided to commute the death sentence of Muammar Al-Jaghbir to 15 years of hard labor for aiding in the assassination of American diplomat , Laurence Foley in 2002. The other two defendants—a Libyan and Jordanian also convicted in 2004—involved in the assassination were executed in March 2006. [16]
Where can one locate or access judicial decisions regarding the death penalty?
Judicial decisions can be accessed using special software programs within Jordan or online through law firm websites. Some decisions might be posted on the Jordanian Bar Association website (www.jba.org.jo) and the Farraj Law Firm website (www.farrajlawyer.com). [17]
What is the clemency process?
The legislature can issue a “general pardon” which erases the criminality of the act. [18] The King may also issue a personal “special pardon” on the recommendation of the Council of Ministers. The special pardon must include the Council’s recommendation. [19]
Are jury trials provided for defendants charged with capital offenses?
No. [20] Defendants go before a panel of three judges when facing felony charges. [21] Defendants facing charges in the State Security Court (for national security crimes) will go before a panel of judges that includes military judges appointed by the prime minister. [22]
Brief Description of Appellate Process
There is an automatic appeal for defendants facing the death penalty. [23] Criminal murder cases are appealed from the Superior Criminal Court to the Court of Appeals, which convenes a panel of at least three judges. [24] Cases can then be appealed to the Court of Cassation, which convenes a panel of at least five justices. [25] Sentences issued by the State Security Court can also be appealed to the Court of Cassation. [26]
References
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Death Penalty In Practice
Where Are Death-Sentenced Prisoners incarcerated?
There is not a separate prison for inmates sentenced to death, who instead are kept in solitary confinement within the larger prison complexes where they are held. [1] Inmates sentenced to death for national security crimes are housed in Juwaida or Swaqa prisons. [2] Women under sentence of death are held in the Women’s Center for Correction and Rehabilitation in Juwaida prison. [3]
Description of Prison Conditions
Prisoners sentenced to death are kept in solitary confinement. [4] The U.S. Department of State has reported that prisoners in Jordan lack adequate food, water, healthcare, sanitation and visitation facilities. [5] Religious and exercise facilities may be lacking, and prison officials may seriously restrict prisoners’ access to books and personal belongings. [6] Allegations of torture and prisoner mistreatment by guards are widespread. [7] Conditions for women were generally better than those for men. Pretrial detainees were often detained with convicted prisoners. [8]
Are there any known foreign nationals currently under sentence of death?
Yes—at least one Iraqi woman. [9] Her name is Sajida Mubarak Al-Rishawi. She was convicted of the 2005 hotel bombings in Amman, Jordan which resulted in 60 deaths. Her husband carried out the suicide attack as she also attempted to detonate explosives but failed. She is said to have links to al-Qaeda in Iraq. She is currently sentenced to death in Jordan. As of 2012, as far as our research shows, she is still in the process of appealing her sentence. [10]
What are the nationalities of the known foreign nationals on death row?
There is at least one Iraqi woman on death row. [11]
Are there any known women currently under sentence of death?
As of February 2013, there were nine women under sentence of death in Jordan. [12]
Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?
No. Jordan does not sentence individuals under 18 to death. [13] By the end of our research, we found no reports of such sentences.
Comments regarding the racial/ethnic composition on death row
We were unable to locate any information on this question by the end of our research.
Are there lawyers available for indigent defendants facing capital trials?
Yes, indigent defendants facing the death penalty or life imprisonment are provided an attorney at the public expense. [14]
Are there lawyers available for indigent prisoners on appeal?
The attorney initially assigned to the defendant will continue to represent him or her on appeal to the Court of Cassation. [15]
Comments on Quality of Legal Representation
There are insufficient numbers of attorneys available to indigent defendants. For instance, in Amman, two NGOs, the Justice Center for Legal Aid and Tamkeen, provide legal representation services. Only 9 lawyers work at JCLA in a city of 6.5 million. However, a public defender program may soon be established, with funding from the European Union and the World Bank. [16]
Other Comments on Criminal Justice System
A person under arrest has the right to have an attorney present during interrogation, but the detainee must appoint a lawyer—and the lawyer must present him- or herself—within 24 hours, or the detainee can be interrogated without an attorney present. [17] The detainee can also be interrogated without an attorney before the 24 hours are up if the police feel it is an especially urgent case or that evidence will be lost. [18] Furthermore, the General Prosecutor can bar defense attorneys from interrogations at his discretion in the interest of speeding up the interrogation or getting at the truth. This decision is not reviewable. In such a case, the defense attorney will have access to the results of the interrogation after the fact. [19]
The International Federation for Human Rights reports that the State Security Court issues a large number of death sentences for crimes relating to national security and terrorism. [20] Human Rights Watch, Amnesty International, and the International Federation for Human Rights express concern that the confessions that are used to secure convictions and death sentences are extracted under torture. [21] Jordan ratified the U.N. Convention Against Torture in 1991, but has not ratified the Optional Protocol. [22]
References
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Decisions of International Human Rights Bodies
Decisions of Human Rights Committee
Following its third periodic review of Jordan in 1994, the Human Rights Committee noted that it was concerned about both the number of offenses punishable by death under Jordanian law and the number of death sentences meted out by the courts. [1] The Committee also recommended that Jordan begin taking measures to abolish the death penalty, and accede to the Second Optional Protocol. [2]
In 2010, the Human Rights Committee recommended in its concluding observations that Jordan accede to the Second Optional Protocol on to the International Covenant on Civil and Political Rights. The Committee also commended Jordan’s efforts at establishing a de facto moratorium on the death penalty since 2007. [3]
Decisions of Other Human Rights Bodies
In May 2009, during the UPR process, Jordan rejected recommendations that it establish an official moratorium on executions with a view to abolishing the death penalty. [4]
References
[1]
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[4]
Additional Sources and Contacts
Direct member(s) of World Coalition Against the Death Penalty
Adaleh Center for Human Rights Studies
Mr. Miqdad Asem
President
Tla'a Al-Ali, Al-Mawrdi Street, Building No.4
11118-183682 Aman, Jordan
Telephone: + 962 6 5602371/84
Fax: + 962 6 56 03 626
[email protected]
www.adaleh-center.org
Adaleh Center for Human Rights Studies
Mrs. Luna Sabbah
Executive Director
Tla'a Al-Ali, Al-Mawrdi Street, Building No.4
11118-183682 Aman, Jordan
Telephone: + 962 6 5602371/84
Fax: + 962 6 56 03 626
[email protected]
www.adaleh-center.org
Arab Coalition Against the Death Penalty
Dr. Nizam Assaf
Director of the Amman Center for Human Rights
Al Abdali, Al Sharaf Building, 4th Floor
212524 Aman, Jordan
Telephone: +962 6 46 55 043
Fax: +962 6 46 55 043
[email protected]
http://dp.achrs.org
Arab Coalition Against the Death Penalty
Dr. Mohammad Al Tarawneh
Coordinator, Judge at Cassation Court
P.O. Box 2362 – 11182 / Khalada
Aman, Jordan
[email protected]
http://dp.achrs.org
Penal Reform International (PRI)
Mrs. Taghreed Jaber
8 Ibrahim Khorma Street, Seven Circle
P.O. Box 852122
11185 Aman, Jordan
Tel: +962 6 582 60 17
Fax: +962 6 582 60 78
[email protected]
Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty
Amman Center for Human Rights Studies
Al Abdali, Al Sharaf Building 4th Floor
P.O. Box 212524
Amman 11121, Jordan
Tel. 00962-6-4655043; 00962-795151590
http://www.achrs.org/english
[email protected]
The National Centre for Human Rights
P.O. Box 5503; Postal Code 11183
151 Zahran Street, Amman, Jordan
Tel. 00962-6-5932257; 00962-785022022
Toll Free Line: 00962-080022320
http://www.nchr.org.jo
[email protected]
Penal Reform International, Middle East and North Africa Region
Mrs. Taghreed Jaber
Abdoun Post Office
P.O. Box 852122
11185, Amman, Jordan
Tel. 00962-6-5826017
www.penalreform.org
[email protected]
Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
[email protected]
http://www.reprieve.org.uk
Helpful Reports and Publications
Human Rights Watch’s report “Torture and Impunity in Jordan’s Prisons: Reforms Fail to Tackle Widespread Abuse” is very useful for information on the Jordanian prison system and allegations of torture by police and prison guards. This report was published in October 2008 and is available online at http://www.achrs.org/english/images/stories/reports/arab_inter/jordan1008web.pdf.
The Rehabilitation and Research Centre for Torture Victims in Copenhagen, Denmark, released submitted its report “To the UN Committee Against Torture for its Consideration of the 2nd Periodic Review of Jordan” in April 2010. This report is very useful for information on the right to legal counsel in Jordan, as well as for English translations for some portions of the Jordanian Penal Code and Military Penal Code. It is available online at http://www2.ohchr.org/english/bodies/cat/docs/ngos/RCT_Jordan44.pdf.
For a very lengthy description of the court system in Jordan, see “Structure of the Public Prosecution Office in Jordan” at http://www.pogar.org/publications/judiciary/prosecution/structure-jordan.pdf. This is courtesy of the UNDP’s Programme on Governance in the Arab Region (POGAR).
Amnesty International’s page on The Death Penalty in Middle East and North Africa in 2008 contains a video interview with Dr. Mohammed Al-Tarawneh on the status of the death penalty in Jordan. This can be found at http://www.amnesty.org/en/death-penalty/death-sentences-and-executions-in-2008/mena.
Additional notes regarding this country
None.