US embassy cable - 03AMMAN6398

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 006398 
 
SIPDIS 
 
DEPARTMENT FOR NEA, NEA/ARN, AND L/LEI 
JUSTICE FOR OIA 
FBI FOR OIO 
 
E.O. 12958: DECL: 10/06/2013 
TAGS: CJAN, PREL, PTER, US, JO 
SUBJECT: U.S.-JORDAN EXTRADITION TREATY:  AMBASSADOR ASKS 
GOJ TO SUBMIT TREATY TO PARLIAMENT 
 
Classified By: Amb. Edward W. Gnehm for reasons 1.5 (b)(d) 
 
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SUMMARY 
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1.  (C)  The Ambassador on October 5 asked FonMin Muasher to 
have the GOJ to submit the U.S.-Jordan extradition treaty to 
the Parliament for ratification.  Muasher promised to raise 
the issue with the PM and cabinet.  The MFA Legal Advisor 
told us separately that, while the legal obstacles to full 
implementation of the treaty would be surmountable after 
parliamentary approval, the political hurdles in Parliament 
could be more difficult to overcome.  With the first regular 
session of the new Parliament convening on December 1, we 
believe now is the time to press the extradition treaty with 
the GOJ.  END SUMMARY. 
 
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SUBMIT THE TREATY FOR PARLIAMENTARY APPROVAL 
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2.  (C)  The Ambassador told Foreign Minister Marwan Muasher 
October 5 (other topics septels, notal) that the U.S. wishes 
to move ahead to ensure full implementation of the 1995 
U.S.-Jordan bilateral extradition treaty.  In view of 
Jordanian court rulings that have declared the treaty not in 
force because it has not been ratified by the Jordanian 
Parliament, the Ambassador asked that the GOJ present the 
treaty to the new Parliament for formal approval.  Muasher 
said that he would take the request to the Prime Minister and 
cabinet, but made no other substantive comment. 
 
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MFA LEGAL ADVISER:  LEGAL HURDLES NOT HIGH... 
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3.  (C)  PolCouns discussed the extradition treaty and 
strategies for achieving its full implementation October 2 
with Samer Naber, the MFA's Legal Advisor, and Mohammed Ali 
Nsour, an MFA Attorney.  Naber said that the Jordanian Court 
of Cassation had ruled clearly that the treaty has not 
entered into force because the Parliament had not approved 
it.  He agreed with the court decision which states that 
Article 33(ii) of the Jordanian constitution requires 
Parliamentary approval of this type of agreement.  "I don't 
know who the lawyers were who told King Hussein that he had 
the authority to ratify the treaty by a decree.  They were 
not very good."  The first legal hurdle to be overcome before 
achieving full implementation of the treaty, he said, would 
be parliamentary approval. 
 
4.  (C)  Naber explained that the Court of Cassation had also 
ruled that Article 9(i) of the Constitution ("No Jordanian 
may be deported from the territory of the Kingdom.") would 
prevent extradition of a Jordanian citizen under the 
bilateral extradition treaty.  Naber did not agree with this 
interpretation, and believed that the GOJ could mount a 
successful legal challenge to it.  First, he said, Article 
21(ii) of the Constitution permits "extradition of ordinary 
criminals" according to "international agreements and laws," 
in his opinion clearly giving the GOJ and Parliament the 
authority to sign, ratify, and implement extradition 
treaties.  Furthermore, Jordan has a collective extradition 
agreement within the context of the Arab League and routinely 
extradites Jordanian citizens accused of crimes to other Arab 
countries under this arrangement.  If the first hurdle of 
Parliamentary approval can be cleared, he said, good legal 
arguments and "technical ground work" should ensure the 
treaty's full implementation. 
 
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... BUT POLITICAL HURDLES FORMIDABLE 
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5.  (C)  Naber felt, however, that the political hurdles to 
full implementation of the treaty would make for "a real 
uphill struggle."  First, the cabinet would have to make a 
political decision to send the treaty to Parliament for 
approval.  With about 200 provisional laws currently pending 
before the Parliament, Naber wondered if the government would 
want to add another potentially controversial item to its 
legislative agenda.  Second, Naber explained, the new 
Parliament and its Legal Affairs Committee have been less 
than cooperative in their current review of international 
agreements.  The GOJ submitted to the Parliament documents 
ratifying the 1999 Convention on the Suppression of the 
Financing of Terrorism.  The Legal Committee has held several 
meetings to discuss the Convention, but seems unable to 
understand the necessary and compelling reasons why Jordan 
should adhere to it.  Given the difficult slog to get 
approval of the Terrorism Finance Convention, Naber feared 
that the U.S.-Jordan extradition treaty would be a lightning 
rod for criticism of the U.S. for unrelated U.S. policies in 
Iraq and the Middle East peace process. 
 
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COMMENT 
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6.  (C)  In the absence of Parliament over the past two 
years, the Embassy has tried to lay the groundwork for 
parliamentary approval of the extradition treaty in numerous 
conversations with GOJ officials.  The Ambassador's request 
to the Foreign Minister to present the treaty to Parliament 
is the first formal step in what is likely to be a lengthy 
process.  However, with the first regular session of the new 
Parliament scheduled to begin on December 1, we believe that 
now is the time to begin to push this issue with the GOJ. 
The Ambassador will raise the treaty when he next sees Prime 
Minister Abul Ragheb and again press for a cabinet decision 
to submit the treaty to Parliament. 
 
Visit Embassy Amman's classified web site at 
 
http://www.state.sgov.gov/p/nea/amman/ 
 
or access the site through the State Department's SIPRNET 
home page. 
GNEHM