Amman — Legal experts said those responsible for the terrorist attack targeting a church in Hamoud village in Karak Governorate could face the maximum penalty of execution under Jordan’s Anti-Terrorism Law and Penal Code.
Under both laws, anyone who commits a terrorist act that results in the death of a person may be sentenced to death. Criminal liability may also extend to anyone proven to have been involved in planning, inciting, or assisting in carrying out the attack.
According to legal experts, the penalties facing those involved in the attack, which according to available information resulted in the martyrdom of nine people and injuries to 34 others, will depend on the nature of the acts committed and the extent to which each defendant’s responsibility is established. The State Security Court has jurisdiction over crimes stipulated under the Anti-Terrorism Law.
While rights advocates have said those responsible for the heinous crime at Hamoud Church could face the harshest penalties, potentially including execution, members of the public, writers and intellectuals have expressed similar views. Many have called through social media and media outlets for the execution of the terrorist group responsible.
Penalties for Terrorist Crimes
Dr. Ali Al-Dabbas, associate professor of public law at the University of Petra, said the acts attributed to those who carried out the Karak attack fall under the Anti-Terrorism Law, which defines terrorist offenses and the penalties applicable to them.
He noted that Article 7 of the law provides for the death penalty when a terrorist act results in the death of a person.
Al-Dabbas explained that the deaths resulting from the attack could make the death penalty applicable to the perpetrators if they are convicted. He added that their trial would fall under the jurisdiction of the State Security Court, which is responsible for hearing terrorist crimes.
Article 2 of the Anti-Terrorism Law defines a “terrorist act” as any deliberate act, threat or omission, regardless of its motives, purposes or means, carried out as part of an individual or collective criminal scheme that could endanger public safety or security, create discord, disturb public order, spread fear or terror among people, endanger lives, damage the environment or public and private property and facilities, threaten international facilities or diplomatic missions, endanger national or economic resources, force a legitimate authority or international or regional organization to take or refrain from taking an action, or obstruct the implementation of the Constitution, laws or regulations.
Article 3 of the law also identifies acts considered terrorist offenses, including financing terrorism, joining terrorist organizations, recruiting individuals to join them, establishing groups for the purpose of committing terrorist acts, and possessing or dealing in weapons and ammunition with the intention of using them to carry out such acts.
Paragraph (f) of the same article also considers the possession, manufacture, import, export, transport, sale or delivery of explosive, toxic, chemical, biological, radioactive, flammable or incendiary substances, or similar materials, as well as weapons or ammunition, for use in terrorist acts or for unlawful purposes, to constitute a prohibited terrorist act.
Regarding penalties, Article 7 of the Anti-Terrorism Law, “without prejudice to any more severe penalty stipulated by another law,” provides for life imprisonment if a terrorist act causes damage, even partially, to a public or private building, industrial facility, ship, aircraft or other means of transportation or facility, or disrupts communications and computer systems or breaches their networks.
Paragraph (b) of the same article states that the perpetrator of a terrorist act shall be sentenced to death in several cases, including when the act results in the death of a person, causes the total or partial destruction of a building occupied by one or more people, or is carried out using explosives, flammable materials, toxic, incendiary, epidemic, biological, chemical or radioactive substances, or weapons or ammunition.
Planners and Inciters
Former Jordan Bar Association President Mazen Ershidat said the penalties for such crimes are not limited to those who directly carry them out. They may also apply to planners and instigators if their involvement in the crime is proven.
He stressed that Jordanian legislation imposes severe penalties for crimes targeting human life, particularly when they are linked to terrorist acts.
Ershidat explained that the Penal Code provides for the death penalty for premeditated murder in cases specified by law, reflecting the severity of the penalties imposed for acts resulting in loss of life, especially when connected to terrorism.
According to Ershidat, the State Security Court consists of three civilian or military judges, or a combination of both, and handles crimes falling within its legal jurisdiction, including terrorist offenses, regardless of whether the defendants are civilians or military personnel.
Accordingly, he said the death penalty remains a possible sentence for those who carried out the Karak attack if they are arrested and convicted. The responsibility of any other individuals involved would depend on the findings of investigations and evidence establishing their participation, whether through direct execution, planning, incitement or assistance, until the competent court issues its rulings.
State and Public Security
Ershidat said the State Security Court has jurisdiction over crimes posing a serious threat to state and public security. He noted that the purpose of establishing the court is to address such crimes through judicial procedures that allow cases to be resolved more quickly than before ordinary courts, helping achieve general deterrence and reassure the public.
He added that criminal liability under the Anti-Terrorism Law is not limited to the direct perpetrator. Paragraph (f) of Article 7 states that anyone who participates in an offense covered by Article 3, in any form of participation, including intervention, incitement or assistance, shall be punished with the same penalty as the principal offender, whether the crime is committed inside or outside the Kingdom. A terrorist act is considered complete whether the constituent act itself was completed, incomplete or merely attempted.
Paragraph (g) of the same article provides that conspiracy to commit any of the offenses stipulated under the law carries the same penalty prescribed for committing the offense itself.
Under these provisions, criminal liability may therefore extend to individuals other than the direct perpetrators if investigations prove that they participated in planning, inciting or assisting the attack. The applicable penalties would depend on the nature of the acts attributed to them and the relevant legal provisions.
In the same context, Article 148 of Jordan’s Penal Code contains provisions concerning terrorist crimes. It states that conspiracy intended to commit a terrorist act or acts is punishable by temporary hard labor, while anyone who commits a terrorist act is punishable by a term of hard labor of no less than 10 years.
The third paragraph of the article provides for life imprisonment if the act causes damage, even partially, to a public or private building, industrial facility, ship, aircraft or other means of transportation or facility, or disrupts communications and computer systems, breaches or interferes with their networks, or disrupts or damages means of transportation, either wholly or partially.
The fourth paragraph stipulates the death penalty in cases where the act results in the death of a person, causes the total or partial destruction of a building occupied by one or more people, or is committed using explosives, flammable materials, toxic, incendiary, epidemic, biological, chemical or radioactive substances.
The fifth paragraph provides for a prison term of no less than 10 years for anyone who knowingly manufactures, possesses, transports, sells or delivers any explosive substance or any of the materials referred to in the relevant provisions, or any of their components, with the intention of using them to carry out terrorist acts or enabling another person to use them for that purpose.
As for the judicial authority responsible for prosecuting those involved, Article 8 of the Anti-Terrorism Law states that the State Security Court has jurisdiction over the crimes stipulated under the law.
Source: Al-Ghad
