US embassy cable - 03AMMAN4467

UNCLAS AMMAN 004467 
 
SIPDIS 
 
FOR CA/OCS/ACS/NESA, NEA/ARN AND NEA/PA 
 
E.O. 12958:  N/A 
TAGS: CASC, PREL, PTER, CJAN, JO (HIJAZI RAED) 
SUBJECT:  RAED HIJAZI DEATH PENALTY OVERTURNED BY 
CASSATION COURT 
 
REF:  A) AMMAN 1405, B) AMMAN 122, C) AMMAN 77 AND 
 
PREVIOUS 
 
1.  JORDAN TIMES EDITION OF JULY 4, 2003 REPORTED THAT 
THE COURT OF CASSATION OVERTURNED THE EARLIER DEATH 
SENTENCE AGAINST AMCIT RAED HIJAZI.  A NINE-JUDGE COURT 
OF CASSATION PANEL OVERTURNED THE STATE SECURITY COURT 
VERDICT AND SENTENCE, RETURNING THE CASE TO STATE 
SECURITY COURT WHICH IS NOT EXPECTED TO RESOLVE THE ISSUE 
QUICKLY. 
 
2.  IN A TELEPHONE CONVERSATION WITH CONOFF JULY 8TH, 
HIJAZI'S ATTORNEY ALLEGED THAT THE JUDGES DECIDED TO 
OVERTUN HIJAZI'S VERDICT BECAUSE THE STATE SECURITY COURT 
VIOLATED COURT PROCEDURES.  THE ALLEGED VIOLATIONS WERE 
RELATED TO AN EARLIER CASSATION COURT RULING IN OCTOBER 
2002 THAT OVERTURNED HIJAZI'S SENTENCE FOR THE FIRST TIME 
FOR INSUFFICIENT EVIDENCE TO CONVICT OF POSSESSING AND 
MANUFACTURING EXPLOSSIVE MATERIALS.  THE ATTORNEY 
ASSERTED THAT, INSTEAD OF ABIDING BY THE COURT OF 
CASSATION'S ORIGINAL INSTRUCTIONS, THE STATE SECURITY 
COURT ISSUED A NEW VERDICT IN JANUARY WITHOUT CONDUCTING 
ANY NEW PROCEEDINGS OR EXAMINING NEW EVIDENCE.  THIS, 
ACCORDING TO THE ATTORNEY, IS A VIOLATION OF COURT 
PROCEDURES AND LED TO THE VERDICT BEING OVERTURNED FOR A 
SECOND TIME.  THE COURT OF CASSATION ALSO ASKED THE STATE 
SECURITY COURT TO DETERMINE WHETHER HIJAZI'S CHARGES 
SHOULD HAVE BEEN INCLUDED IN A ROYAL AMNESTRY IN 1999. 
GNEHM