US embassy cable - 03AMMAN7813

UNCLAS SECTION 01 OF 03 AMMAN 007813 
 
SIPDIS 
 
S/CT FOR REAP 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, PTER, JO 
SUBJECT: JORDAN: 2003 ANNUAL TERRORISM REPORT 
 
REF: SECSTATE 301352 
 
1.  Answers keyed to reftel. 
 
A)  (U)  Significant actions taken by host governments to 
support the global coalition against terrorism. 
 
The GOJ continues to provide strong support for the global 
coalition against terrorism and has responded positively to 
U.S. requests for assistance.  For example, within the limits 
of its penal code and bank secrecy laws, the GOJ on multiple 
occasions has searched bank records in Jordan for assets of 
suspected terrorists and charitable organizations with 
alleged links to terrorism in support of the global effort to 
dismantle terrorist financing networks. 
 
B)  (U)  Describe the response of the judicial system to acts 
of international and/or terrorism. 
 
The Jordanian penal code provides the judicial branch with 
many legal tools to pursue and convict suspected terrorists. 
In 2003, the GOJ prosecuted several terrorism-related cases, 
including some involving weapons smuggling and border 
infiltration attempts, some of which carried over from 2002. 
Several are still ongoing as of this writing, and probably 
will not be concluded before the end of the year. 
Significant developments include: 
 
--  Foley Assassination Trial Begins: 
 
Jordan's military prosecutor on May 11 indicted 11 
individuals -- including six in absentia -- who are accused 
in the October 2002 assassination of USAID official Laurence 
Foley.  The five suspects currently in Jordanian custody, 
including alleged triggerman Libyan national Salem Bin 
Suweid, proclaimed their innocence before the State Security 
Court, claiming in October that Jordanian security officials 
had tortured them to elicit earlier confessions to the crime. 
 Among the six at large is al-Qa'ida operative and Jordanian 
national Ahmad Fadil Nazzal al-Khalayleh (aka Abu Musab 
al-Zarqawi).  On November 11, the Court indefinitely 
postponed the case pending the appearance of Bin Suweid's 
wife before the court as a defense witness. 
 
--  Plotters Against Americans in Amman Acquitted: 
 
The State Security court on January 22 acquitted 10 men 
accused of conspiring to carry out attacks against Americans 
in the Abdoun area of Amman, where the U.S. embassy is 
located, citing a lack of evidence.  It did, however, convict 
eight of the men for illegal weapons possession, sentencing 
them to one year in prison. 
 
--  Members of "Mafraq Cell" Indicted: 
 
The State Security Court is hearing the case of 13 men who 
are accused of plotting attacks against U.S. and Jordanian 
targets, including the U.S. embassy in Amman.  The group 
includes three Saudis being tried in absentia.  Jordanian 
authorities arrested the ten in the eastern town of Mafraq in 
December 2002.  During an October court appearance, one 
suspect confessed to plotting attacks against U.S. interests, 
but the rest continue to proclaim their innocence.  The most 
prominent defendant is Ahmad al-Shalabi (aka Abu Sayyaf), a 
Jordanian extremist from the southern town of Ma'an, who 
appeared in court following his arrest on September 27. 
Until his capture, Abu Sayyaf was on Jordan's "most wanted" 
list for his role in inciting violence in November 2002 that 
led to the death of several people in Ma'an, including two 
police officers. 
 
--  Retrial of Jordanian-American citizen Ra'ed Hijazi: 
 
The State Security Court on October 13 postponed indefinitely 
the case of Jordanian American citizen and suspected 
al-Qa'ida operative Ra'ed Hijazi, who is being retried for 
his role in the 1999 plot to conduct terrorist acts during 
the millennial celebrations in Jordan.  The court adjourned 
in order to respond to Court of Cassation concerns about 
improper court procedures in his earlier trial and to prepare 
a final verdict in the matter. 
 
-- Ansar al-Islam Cell on Trial: 
 
The State Security Court on September 13 formally charged 13 
Jordanians and two Iraqis affiliated with the Iraq-based 
Ansar al-Islam and al-Qai'da with conspiring to carry out 
terrorist attacks against tourists, foreigners and members of 
Jordan's security forces in Jordan.  The Court in October 
referred one of the plotters, Mahmoud al-Riyati, who was 
arrested in northern Iraq in March, to a mental institute for 
evaluation.  The group allegedly received weapons and 
explosives training in Afghanistan and Iran.  Fugitives being 
tried in absentia include Abu Mus'ab al-Zarqawi and reported 
Ansar al-Islam spiritual leader Najm al-Din Faraj Ahmad (aka 
Mullah Krekar), who currently is in Norway fighting 
expulsion.  Norwegian judicial authorities on November 24 
rejected a Jordanian extradition request for Krekar on drug 
charges but are exploring options to expel him for violating 
terms of his refugee status (see para C). 
 
--  Jordanians Execute Diplomat's Assassin: 
 
Jordanian authorities on August 26 hanged a second man, Jamal 
Fatayer, for his role in the 1994 assassination of Jordanian 
diplomat Na'eb al-Ma'ayteh in Beirut.  One of his 
accomplices, Yasser Abu Shinnar was executed on December 4, 
2002 for the crime.  The Court of Cassation had upheld 
earlier State Security Court verdicts against both men, who 
carried out the attack on behalf of the radical Palestinian 
faction Abu Nidal Organization.  Three other accomplices, 
including ANO leader Sabri al-Banna, were sentenced to death 
in absentia for al-Ma'ayteh's murder.  Iraqi authorities 
found al-Banna dead in his Baghdad apartment in August 2002, 
claiming he had committed suicide. 
 
--  Three Sentenced to Death for Car Bomb Against GID 
Official: 
 
The Court of Cassation on October 1 affirmed the State 
Security Court's April 29 conviction and death sentence of 
three men (two in absentia) for bombing the car of a senior 
Jordanian counterterrorism official in Amman in February 
2002.  The intended victim escaped unharmed, but the bomb 
killed two passersby.  The court sentenced four others to 
terms ranging from one year with hard labor to life in prison. 
 
-- Court Upholds Verdict Against al-Khalaya (Cells) 
Organization: 
 
The Court of Cassation on January 21 upheld the July 2002 
State Security Court verdict sentencing six men each to 15 
years of hard labor for plotting to carrying out terrorist 
attacks against U.S. and other Western targets in Jordan in 
Jordan. 
 
--  Retrial of "Reform and Challenge" Organization Members: 
 
The State Security Court on September 30 began the re-trial 
of six individuals accused of subversive acts in 1998 after 
the Court of Cassation revoked rulings in the case for the 
third time in August.  The six, in addition to three others 
tried in absentia, are accused of carrying out a series of 
primitive bombings that damaged some cars but caused no 
casualties. 
 
C)  (U)  Did the host government extradite or request the 
extradition of suspected terrorists for prosecution during 
the year? 
 
Jordanian authorities in January requested that Norway 
extradite Najm al-Din Faraj Ahmad (aka Mullah Krekar), the 
suspected spiritual leader of the Iraq-based extremist group 
Ansar al-Islam, on drug charges.  The Jordanians have since 
charged Krekar in absentia with involvement in a terrorist 
plot (see above).  However, judicial authorities in Oslo on 
November 24 rejected Jordan's request, saying that the 
documentation provided was not sufficient to support his 
extradition. 
 
D)  (U)  Describe any significant impediments to host 
government prosecution and/or extradition of suspected 
terrorists. 
 
There are no legal or administrative impediments to the 
prosecution of terrorist cases in Jordan.  However, there are 
some legal and constitutional impediments to extraditing to 
the U.S. Jordanian citizens who may be suspected terrorists. 
Most extraditions have been put on hold following a 1997 
Jordanian court ruling that Jordan's bilateral extradition 
treaty with the U.S. is invalid until ratified by parliament. 
 The two and a half year absence of a sitting Parliament, and 
two government changes since new parliamentary elections in 
June 2003, have prevented the GOJ from submitting the treaty 
to parliament for consideration. 
 
On certain occasions, the political situation has made it 
difficult for the GOJ to follow through on certain 
terrorism-related requests.  For example, the Jordanian 
Central Bank on September 16 rescinded an instruction to 
commercial banks to freeze bank accounts of HAMAS-connected 
individuals and entities in Jordan, even though it claims 
there are no such funds in Jordan.  The Central Bank 
retracted its decision in the face of harsh criticism from a 
strongly pro-Palestinian public and parliament, despite the 
GOJ's open crackdown on HAMAS in 1999.  Jordanians generally 
distinguish between the "humanitarian" and "military" 
activities of HAMAS in light of the group's extensive social 
infrastructure in the West Bank and Gaza Strip. 
E)  (U)  Discuss host government responses other than 
prosecution. 
GOJ officials have consistently and publicly condemned both 
international and domestic terrorist acts, including bombings 
in Saudi Arabia, Turkey, and Iraq in 2003.  Jordan has 
remained committed to the global coalition despite attacks 
targeting its interests outside Jordan during the year.   For 
example, bombers attacked Jordan's embassy in Baghdad on 
August 7, and anonymous assailants opened fire on Jordan's 
mission in Baghdad again on November 20, killing an Iraqi 
police officer.  Eight Jordanian citizens were wounded in the 
bombing of a residential complex in Riyadh, Saudi Arabia on 
November 9, including twin five-year olds. 
Inside Jordan, security authorities were quick to respond to 
terrorist incidents and provide information to the public. 
For example, GOJ spokesperson Asma Khader immediately 
condemned the shooting death on November 19 of a South 
American tourist and wounding of four others by a Jordanian 
trucker at the southern Jordanian-Israeli border crossing, 
noting the man acted randomly and alone. 
 
The U.S. maintains an extremely close and productive working 
relationship on a wide range of counterterrorism and related 
security and military fronts.  The GOJ has been highly 
responsive to the security needs of U.S. citizens in Jordan. 
During times of tension, such as during the war in Iraq and 
in the aftermath of attacks in Saudi Arabia and Turkey during 
Ramadan, the GOJ increased security around the embassy 
perimeter and in areas where Americans frequent, including 
hotels and tourist sites. 
 
The GOJ also is working to combat terrorist support 
activities, including arms smuggling, by enhancing security 
measures at Jordan's long borders with Saudi Arabia, Iraq, 
Syria, the West Bank, and Israel.   Jordanian authorities 
over the year intercepted several would-be infiltrators and 
smuggled weapons destined for the West Bank and/or Israel. 
 
F)  (U)  Describe major counterterrorism efforts undertaken 
in 2003 by the host government, including steps taken in 
international fora. 
 
Jordan on August 28 ratified the UN International Convention 
for the Suppression of the Financing of Terrorism.  Jordan 
also is expected to accede in the near future to two 
International Maritime Organization counterterrorism 
conventions. 
 
G)  (U)  Describe any significant host government support for 
international terrorism, terrorists, or terrorist groups. 
 
None. 
 
H)  (U)  Has the host government made any public statements 
in support of a terrorist-supporting country on a terrorism 
issue? 
 
No. 
 
I.  (U)  Describe any significant change since 2002 in the 
host government's attitude towards terrorism. 
 
There has been no change in the GOJ's strong commitment to 
the coalition against terrorism or to its own domestic 
counterterrorism program. 
HALE