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received a verdict from the Court of Appeal, dated 25 January 2005, which upheld the
original conviction.
Response from the Government dated 24 June 2005
218. The Government indicated that Mr. Al-Aidy converted from Islam to
Christianity ten years ago; something in itself considered a serious breach of the law.
Yet no action was initiated against him during this period. However, Mr. Al-Aidy
recently began proselytizing amongst Muslims, in clear defiance of the standing laws
and well-established norms of the country, including Article 99 of the Jordanian
Constitution. This conduct led to the initiation of a court case against him for apostasy
and illegally proselytizing. The Government further informed the Special Rapporteur
that Mr. Al-Aidy’s case was being reviewed by the Court of Appeal in accordance
with applied legal procedures in Jordan. All legal action was carried out with full
respect of Jordanian legal norms in due processes of law.
Communication sent on 12 July 2005
219.
Following on the Government’s response dated 24 June 2005, the Special
Rapporteur requested the Government of Jordan to provide her with the relevant
excerpts of the legal acts on which the actions taken against Mr. Al-Aidy were based.
She also asked the Government to explain which restrictions to proselytism and
missionary activities are provided for by Jordanian legislation and whether they
comply with international standards as provided by article 18 of the International
Covenant on Civil and Political Rights.
Response from the Government dated 17 October 2005
220.
The Government informed that Jordan has undertaken a number of
legislative initiatives to move towards a society where individual freedoms are
upheld, and where majority rule is coupled with minority rights. However, in certain
situations societal pressures could impair freedom of choice. Those who proselytize
amongst Muslims may be in danger of being alienated by society, which regards its
sacred duty to protect Islam. However, we are in a process of societal change which
government institutions strongly support.
221.
When Mr. Al-Aidy got married, he did so in accordance with Shari’a Law.
Once he decided to convert to Christianity, his marriage contract, as well as every
legal aspect relating to his marital life is affected by the dramatic change. It therefore
becomes possible to take legal action against him either by members of his family and
or members of society. It is apparent that Mr. Al-Aidy himself chose to publicize his
case. I f he had decided to convert quietly, there would have been less tension
surrounding it.
222.
The Government indicated that it was their firm belief that Mr. Al-Aidy
could reduce or alleviate the pressures he is facing if he were to become aware of the
religious sensitivities that Muslims in Jordan face and show respect for that. There
are legislative and procedural requirements that Mr. Al-Aidy needs to undertake
which may enable him to become a missionary in Jordan, such as the need to apply
and register at the Prime Minister’s Office.