The State Security Court is a judicial institution in Jordan. It deals with cases regarding state security, but also with drug offences and other types of cases. The defendants in the court can be both military personnel as well as civilians. The Court has faced criticism for lack of independence from the executive, unfair trials, and civilians being defendants in a militarized court.

History

The State Security Court was derived from earlier military courts from the time when Jordan was under

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

. In September 2011, King

Abdullah II of Jordan Abdullah II bin Al-Hussein ( ar, عبدالله الثاني بن الحسين , translit=ʿAbd Allāh aṯ-ṯānī ibn al-Ḥusayn; born 30 January 1962) is King of Jordan, having ascended the throne on 7 February 1999. He is a member of ...

limited the possibilities of the Court to adjudicate over civilians. There would be only four types of offences over which it was to have jurisdiction: high treason, espionage, terrorism, and drug trafficking. The changes to the law were to take effect in three years. The

Parliament of Jordan The Parliament of Jordan ( ar, مجلس الأمة ') is the bicameral Jordanian national assembly. Established by the 1952 Constitution, the legislature consists of two houses: the Senate ( ar, مجلس الأعيان ''Majlis Al-Aayan'') an ...

had voted against proposals to remove all jurisdiction over civilians in the court.

Legal process

The judges on the State Security Court are both civilians and military personnel. The court can adjudicate in cases against military and civilians. The jurisdiction of the court lies in both external as internal state security, drug offences and others. The State Security Court's cases are in principle open to the public, unless the court decides otherwise. The amended Press and Publication Law of March 2010 forbids journalists from being referred to the State Security Court on cases regarding freedom of expression or speech. The decisisions of the court can be appealed before the High Court.

Criticism

Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human ...

has criticized the State Security Court's lack of independence from the

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dire ...

, as the Prime Minister appoints the judges on the court. It furthermore criticized the inclusion of offenses related to peaceful speech. The criticism was made after protests in Jordan in 2012 led to detainees being charged in the court. Amnesty International has criticized the State Security Court for having unfair trials. The

Bureau of Democracy, Human Rights, and Labor The Bureau of Democracy, Human Rights and Labor Affairs (DRL) is a bureau within the United States Department of State. The bureau is under the purview of the Under Secretary of State for Civilian Security, Democracy, and Human Rights. DRL's res ...

of the

United States Department of State The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...

in its 2010 Human Rights Report on Jordan noted that attorneys only get to meet their clients shortly before the court case starts. The

United Nations Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...

has recommended abolishing the State Security Court to Jordan.

References

{{reflist Law of Jordan Courts