5/24/2019

CLFR - Jordan | Global Network Initiative

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Jordan
PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE
JORDANIAN CONSTITUTION OF 1952
Under article 18 of the Jordanian Constitution of 1952 (as amended), “all postal and telegraphic correspondence, telephonic communications and the other communications means” are regarded as confidential.  They
may not be lawfully intercepted unless a judicial order has been granted to allow the interception.
Under the Jordanian Constitution,  the General Prosecutors of Jordan (who are officials of the Attorney-General’s office) investigate criminal law matters and present the government’s case at court.  Their powers relate
principally to the investigation and prevention of crime, but also extend to national security matters.  All decisions of the General Prosecutors are considered to be judicial orders and as such they have the legal authority
to order lawful interceptions.
JORDANIAN CODE OF CRIMINAL PROCEDURE NO. 9 OF 1961 (THE “CRIMINAL PROCEDURE
CODE”)
Article 88 of the Criminal Procedure Code sets out the legal grounds on which a General Prosecutor may order the interception of communications. A General Prosecutor has the right to seize letters, control telegraph
messages and monitor telephone conversations ‘where it is necessary to reveal the truth’. Although article 88
has not been updated in relation to electronic communications, in Jordan it is generally regarded as also applying to electronic communications.
As part of the investigation of any crime or for the purposes of national security, a law enforcement agency
may apply to a General Prosecutor for sanction to intercept communications for the purposes of gaining evi-

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