Advancing Human Rights: A Symposium on the Death Penalty Abolition in Jordan<\/p>\n
On October 9, 2023, the Amman Center for Human Rights Studies (ACHRS) and the Jordanian Coalition Against the Death Penalty (JCADP) convened a symposium for World Day Against the Death Penalty. The event discussed challenges in abolishing the death penalty in Jordan, covering legal, social, and cultural aspects. Presenters em-phasized the need for phased legal reform and societal attitude shifts. Gender dispari-ties were highlighted, advocating for legal amendments and support for marginalized women. Recommendations included a gradual reduction and ultimate abolition of the death penalty, in line with Jordan\u2019s human rights commitments. The symposium also urged the government to collect and analyze data on death penalty\u2019s outcomes. The Jordanian Alliance against the Death Penalty (JCADP) and the Arab Coalition against the Death Penalty were noted as active organizations.<\/p>\n
Written by Nizam Assaf, Edited by Adna Jama. October 10th, 2023.<\/p>\n
The seminar encompassed international agreements and human rights legislation, as well as insights from the present President of the Arab Coalition against the Death Penalty (ACADP), Dr. Muhammad Tarawneh. Tarawneh highlighted those numerous countries in the region em-ploy the death penalty following unjust trials, thereby flagrantly contravening international le-gal norms and standards. Consequently, individuals on death row may endure extended periods of uncertainty, with no knowledge of when their execution will take place.<\/p>\n
Tarawneh emphasized, \u201cit is not a coincidence that all United Nations General Assembly resolu-tions advocate for the suspension and ultimate eradication of the death penalty globally\u201d. This sentiment is reiterated in the Assembly\u2019s annual declarations, consistently underscoring the imperative of abolishing capital punishment, as its application runs counter to the fundamental principles of the right to life and the entitlement to live free from torture or any form of cruel, inhuman, or degrading treatment. Furthermore, the official documents of the United Nations firmly assert that the worldwide abolition of the death penalty is an essential step towards up-holding human dignity and advancing the progressive development of human rights.<\/p>\n
His Eminence Dr. Hamdi Murad, President of the Jordanian Coalition Against the Death Penalty (JCADP), delivered a presentation on the social and cultural challenges within this context. Dr. Murad underscored, \u201cWe inhabit a world characterized by pervasive conflicts in every conceiv-able sense, wherein various authorities interact and impinge upon one another\u201d. This dynamic has disrupted the equilibrium of justice to such an extent that it engenders disillusionment. Consequently, the imperative to confront the death penalty has become evident considering these circumstances.<\/p>\n
Murad further emphasized the significance of implementing a societal advancement initiative for the forthcoming phase, one that fosters widespread acceptance of opposition to the death penalty. The official must advocate for authorities to undertake a phased approach to eliminate death penalty provisions, focusing on specific legal articles for revision. This gradual progres-sion aims to facilitate the process of abolition and substitution of the death penalty, or alterna-tively, the modification of those articles for which public consensus supports abolition or re-placement.<\/p>\n
Murad highlighted the peril posed by numerous legal provisions mandating the imposition of the death penalty, particularly in a context characterized by a dearth of justice, deficient politi-cal, social, economic, and educational awareness, as well as an extent environment rife with various forms of violent conflict, which may compel individuals to commit crimes resulting in a death penalty sentence.<\/p>\n
Lawyer Mrs. Fatima Al-Dabbas, President of the Jordanian Society for Human Rights, delivered a presentation on the gender disparity observed in the application of the death penalty. She underscored that in practical terms, several contexts within this issue exhibit discriminatory tendencies, wherein socially marginalized individuals, including women – the most vulnerable segment of societies – find themselves sentenced to death. In certain societies, punishment is wielded to deter women from advocating for their rights to equality within the community.<\/p>\n
Al-Dabbas asserted, \u201cIn Jordan, and particularly within the Arab region, numerous women con-demned to death find themselves confronting their fate without the support or assistance of their families or the wider society. In most instances, these women lack the financial means to engage representation or tribal groups capable of providing the requisite blood money for vic-tim compensation, pending the conclusion of a reconciliation agreement with their adver-saries\u201d. This process, in turn, proves instrumental in securing a judicial verdict carrying a penal-ty less severe than death. Consequently, there exists a pressing need for amendments to penal legislation in this regard, aimed at substituting the death penalty with a sentence of life impris-onment. Furthermore, Al-Dabbas emphasized, \u201cI also advocate for the establishment of a spe-cialized fund dedicated to providing legal services for women and disbursing compensation, including blood money, to the families of victims, utilizing resources allocated from this fund\u201d.<\/p>\n
Former MP Mustafa Yaghi shared insights from his tenure in the Legal Committee of the Jorda-nian House of Representatives, shedding light on the legislative challenges encountered in the endeavor to abolish the death penalty. Yaghi highlighted the establishment of a parliamentary coalition comprising over 30 representatives dedicated to opposing the death penalty. Howev-er, the coalition\u2019s influence waned after the execution of several convicts in 2017. Furthermore, Yaghi underscored that during his tenure in the House, the data presented to representatives conclusively demonstrated that the death penalty failed to act as a deterrent or to curtail crim-inal activity. Incidents of homicide persisted at their established annual rates, exhibiting no dis-cernible alteration or decline despite the existence of punitive measures within the legal framework.<\/p>\n
Moreover, Yaghi emphasized that the information presented to members of the House of Rep-resentatives during his tenure provided irrefutable evidence that the death penalty exhibited no deterrent effect on criminal behavior or any reduction in crime rates. Incidences of homicide persisted at their customary annual levels, showing no discernible alteration or decline despite the legal provisions for punishment. Additionally, Yaghi advocated for initiating a comprehen-sive societal discourse, both at official and public levels, regarding the viability of this form of punishment. He suggested exploring alternatives and endeavoring to reform the legislative and judicial systems to prioritize the safeguarding of the fundamental right to life.<\/p>\n
Lawyer Louay Obeidat, a former judge of the Grand Criminal Court, addressed the complexity of the legal framework governing the death penalty. He suggested that Jordanian citizens are discerning and cognizant individuals, who progressively acquire awareness. However, their primary requirement is the existence of an effective legislative system and the availability of proactive societal role models. These elements are crucial in safeguarding citizens through le-gal measures, particularly in protecting their right to choose authentic representatives in the House of Representatives and guarding against the influence of illicit funds.<\/p>\n
Obeidat emphasized that the administration of justice must be underpinned and preceded by a foundation of legal authority. This necessitates the training of judges with the capacity to dis-cern subtleties, as the process of extinguishing a person\u2019s existence from the legal sphere is intricate and prone to misinterpretation and misunderstanding of legal principles due to their complexity and interrelations. The task of distinguishing the most accurate and just interpreta-tion of the law falls upon the judge.<\/p>\n
The legislator, not entirely assured about the death penalty, instituted a series of consecutive steps, each escalating in rigor, to conform the imposition of this penalty after a judge has ren-dered a sentence. Lawyer Obeidat cited Articles 357 and 358 of the Code of Criminal Proce-dure, which granted his Majesty the King the prerogative to substitute the death penalty with a milder punishment, contingent on the recommendations of the Cabinet and the Director of Pub-lic Prosecutions. An instance of this can be found in Article 12\/3 of the Explosives Law, which concludes with the phrase \u201cwhether it results in harm to lives or not.\u201d This phrase recurs in more than one legal provision. Lastly, he also addressed the necessity for the legal aid system to evolve and mature particularly in the context of selecting a proficient lawyer. He advocated for a departure from the conventional role-based system prevalent among lawyers, emphasiz-ing the importance of competence in legal representation.<\/p>\n
The principal interventions were succeeded by extensive discussions and dialogues among the participants, wherein they exchanged viewpoints regarding the most effective strategies for realizing this humanitarian objective. At the culmination of the symposium, concrete recom-mendations were formulated, urging both legislative and judicial authorities to undertake a gradual progression towards reducing the severity of the penalty and implementing a tempo-rary suspension of its application, ultimately culmination in its complete abolition. These rec-ommendations align with the imperative of upholding Jordan\u2019s commitments to international human rights standards and fostering humanistic values within Jordanian society.<\/p>\n
One of the recommendations entailed an appeal to the Jordanian government to take a proac-tive stance in this matter, initially by curtailing the use of the death penalty, subsequently ceas-ing its application, and ultimately working towards its complete eradication – particularly perti-nent as we approach the 75th anniversary of the adoption of the Universal Declaration of Hu-man Rights. Another recommendation urged the government to compile and disseminate pub-lic data pertaining to the outcomes of employing the death penalty and its practical efficacy, subjecting it to rigorous analysis and making the findings available to the public.<\/p>\n
It is worth noting that in 2007, the Amman Center for Human Rights Studies (ACHRS) estab-lished the Jordanian Alliance against the Death Penalty (JCADP). This alliance comprises a dis-tinguished group of civil society activists, including over thirty individuals representing various civil society organizations, political parties, labor unions, legal experts, academics, and media professionals.<\/p>\n
Furthermore, in 2008, under the auspices of the ACHRS and in collaboration with the JCADP, alongside similar organization in several Arab nations, the Arab Coalition against the Death Penalty was inaugurated.<\/p>\n","protected":false},"excerpt":{"rendered":"
Advancing Human Rights: A Symposium on the Death Penalty Abolition in Jordan On October 9, 2023, the Amman Center for Human Rights Studies (ACHRS) and the Jordanian Coalition Against the Death Penalty (JCADP) convened a symposium for World Day Against the Death Penalty. The event discussed challenges in abolishing the death penalty in Jordan, covering …<\/p>\n","protected":false},"author":1,"featured_media":5103,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10,111],"tags":[],"class_list":["post-5101","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-lectures","category-right-to-life"],"yoast_head":"\n