Al-Ahram Weekly
6 - 12 July 2000
Issue No. 489
Published in Cairo by AL-AHRAM established in 1875 Issues navigation Current Issue Previous Issue Back Issues

 
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No place like home

By Lola Keilani

"A battle was lost, but not the war," said Saleh Armouti, the Jordanian lawyer who represented four leaders of the Palestinian Islamic Resistance Movement (Hamas) after the Supreme Court's rejection last week of their appeal against their forced deportation to Qatar in November.

"The next round is expected to be launched soon," added the angry Armouti, announcing that he would appeal the court's ruling.

Pressure is mounting on the government of Prime Minister Ali Abu Ragheb, who assumed office two weeks ago. The decision to expel the four was part of a Jordanian crackdown on Hamas, reportedly in response to US, Palestinian Authority and Israeli pressure. Whether or not the new government will reverse the original decision is subject to speculation.

Armouti has already met with Abu Ragheb and told reporters that "the return of the Hamas leaders is imminent," since the judges had their verdict based on a procedural technicality, saying that the power of attorney signed by the four authorising Armouti to take legal action on their behalf was invalid. Armouti said, however, that document was attested by the Jordanian consulate official seal in Jeddah, where Armouti met the four in exile.

The court said it should also have been endorsed by the "concerned Saudi authorities." Armouti is also leading a political effort to ensure the return of the four saying the new government "should open the door for the return of the Hamas leaders in line with the constitution and the law."

"We urge the government to take the first step on the road towards an institutionalised and law-bound state and return the Hamas leaders," he said. The four Hamas leaders hold the Jordanian nationality, like the majority of Palestinians living in Jordan. The Jordanian constitution clearly states that it is against the law to deport Jordanian citizens.

Armouti, who is determined to pursue parallel efforts to secure a court ruling allowing the return of the four, argues that the fundamental question remained unanswered.

"Here is the violation to a constitutional article, which forbids expulsion of Jordanians from their homeland," he said.

Meanwhile, the new premier, Abu Ragheb, is believed to be keen on burying the hatchet with the Islamic movement since three of his new ministers form a strong channel with Hamas and the Muslim Brotherhood, the country's largest opposition force that had maintained good relations with the royal family.

Moreover, it is well known that the former government of Rawabdeh paid a big price for its clampdown on the Hamas leaders who enjoy deep rooted support among a wide stratum of Palestinians, Jordanians and political parties.

The Supreme Court of Justice's rejection of the appeal by the four upheld the argument presented by the administrative prosecutor representing the government, who had contested the validity of Armouti's power of attorney.

The four Hamas leaders are head of the Hamas Politburo Khaled Misha'al and fellow members Ibrahim Ghousheh, Sami Khater and Izzat Resheq.

They had argued in their appeal that as Jordanian citizens they should not constitutionally be deported from the country. The four are of Palestinian origin.

When he took office two weeks ago, Abu Ragheb pledged to adhere to King Abdullah's letter of designation, which called, among other things, for safeguarding the freedom of expression and building bridges of dialogue with all political groups and parties.

According to Hamas sources and officials, the four Hamas leader had no option but to leave the country, handcuffed, and blindfolded, when they were confronted with a choice of either being prosecuted on charges that carried the death penalty or be forcefully expelled to live in exile.

The four men had been arrested last October along with other suspected Hamas activists. All others have been released.

Authorities subsequently closed all Hamas offices in Jordan. It was earlier reported that Jordan is offering to allow the return of the four if they publicly renounce their Hamas membership and undertake not to continue Hamas activities in Jordan.

Officials confirmed that there had been diplomatic contacts between Amman and Doha on the issue. Qatari Foreign Minister Hamad Ben Jassem was in Amman in late April and held talks with King Abdullah on the return of the four, Jordanian sources said.

Following the Qatari minister's visit, Jordanian general intelligence department director, General Samih Battikhi, and Foreign Minister Abdul-Ilah Khatib flew to Doha, where they reiterated Jordan's stance on the issue, according to the officials who did not want to be identified.

"Jordan is willing to allow their return home if they publicly issue a statement renouncing their organisational affiliation and membership in Hamas," said a highly-placed source.

Palestinian sources said the four Hamas leaders had turned down the offer and are insisting on an unconditional return home.

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