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Ammon News - AMMONNEWS - Jordan's Appellate Court has rejected the Assistant Attorney General's appeal against the acquittal of Dr. Muwaffaq Mahadin and Dr.Sufian Tel, of a felony and three misdemeanors charges filled against them in the aftermath of an interview in 2010. The two speakers were guests of Al-Jazeera network where they discussed the Khost operation in Afghanistan. ( The Khost attack or Camp Chapman attack was a suicide operation executed by Humam al-Balawia, a Jordanian intelligence double agent, against the CIA facility inside the Camp carried out on December 30, 2009. Ten people were killed including Seven CIA officers, one Afghani driver, Two Jordanian (Captain Sharif Ali bin Zeid) an intelligence officer and the suicide bomber.)

Assistant Attorney General appealed the Criminal Court 's decision of acquittal of the following charges:

- Felony to disrupt relations with a foreign state in violation of the provisions of Article ( 118/2 ) of the Penal Code .
- Misdemeanor for spreading news that could undermine the prestige of the state and its stature in violation of Article ( 132/1 ) of the Penal Code.
- Misdemeanor for inciting racism in violation of Article 150 of the Penal Code .
- Misdemeanor for verbally encouraging others to demand change in the government in violation of the provisions of Articles ( 161 and 159/1 / b) of the Penal Code.


On January 14. 2010, the accused Muwaffaq Mahadin and Sufyan Tel were interviewed by Al-Jazeera television where they discussed US- Jordanian bilateral relations and the Khost attack in Afghanistan. During the interview, the accused criticized the government, the Jordanian army and Jordan's security agencies, after which charges were filled against them for prosecution.

The Court of Appeal, headed by Judge Samir Adhayleh and membership judge Dr. Jamal Al-Zubi and judge Omar Thiabat, ruled that the two journalists were expressing their personal opinions dealing with a number of governments' performance with statements that reflected Jordanian public opinion. They recounted events in Jordan and neighboring countries that have influenced the Jordanian government policies. Furthermore, their speech was within the limits of the provisions of Article 15 of the Jordanian constitution that guarantees every citizen's right to freedom of expression.

The Court found that they did not exceed the "limits of expression" and their speech did not violate any element of the provisions of Article ( 118/2 ) of the Penal Code pertaining to the unauthorized writings or speeches that could introduce the risk of hostile acts against the government or spoil the Kingdom's relations with a foreign country or subject Jordanians to reprisals against them or their property). As for the offense of inciting racism, in violation of to the provisions of Article 150 of the Penal Code and the terms of Article 42 of the Press and Publications Law, the court found that the Prosecutor failed to list the charges in accordance to the Criminal Procedure Code, therefore, the court's decision was to dismiss the charge.

Concerning the misdemeanor offense of encouraging the public to demand the dismissal of the government, in violation of articles ( 159/1 / b , 161 ), the Court found that none of the defendants' actions rise to the level of incitement to over turn the government, but merely an expression of opinions within the permissible boundaries guaranteed by the Constitution. Other misdemeanor charges include the broadcasting of news that would undermine the prestige of the State and its Stature, in violating Article ( 132/1 ) of the Penal Code and the terms of Article 42 of the Press and Publications Law, the Tribunal agreed with the findings of the Court of First Instance that the prosecution failed to prove a material element of the code, which requires such proclamation be broadcasted from outside Jordan.

In a statement to the press, Dr. Sufian Tel said that the ruling was expected; "Once again, Jordan's judiciary proved they remain the first-line defenders of public liberties."
He added, "the five-year trial forced Dr. Muwaffaq Mahadin and I to attend all sessions and caused us immeasurable stress. Jordanian law should be amended to compensate citizens, who are found innocent, for the time spent in courts and for incarcerations ordered by the Security Court.

Attorney Naeem Madani successfully the defended Dr. Muwaffaq Mahadin and Dr.Sufian Tel.