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THE fifth estate: A State of Denial
Justice in Saudi Arabia> Printer Version
Broadcast
December 11th, 2002
Human
Rights Concerns
International organizations such as Human Rights Watch and Amnesty International
have investigated claims about the harsh justice system in Saudi Arabia.
They've interviewed scores of detainees, both nationals and foreign workers.
There are many serious concerns and activists have written reports such
as Saudi
Arabia: End Secrecy, End Suffering to shed light on this highly secretive
justice system.
The Shariah
Criminal cases in Saudi Arabia are heard by the General Sharia
(or Islamic court). The last stage of judical review is by the Supreme
Judical Council. This 11-member body reviews judgements handed down in
major cases. In cases of captial punishment the sentence needs to be approved
by the Royal court. These courts interpret the Shariah or Islamic law.
The Shariah is known as 'the word of God' and is based upon the Koran.
Many of the
laws are vaguely worded which means individuals can be arrested and imprisoned
on religious or political grounds. Once arrested detainees are held incommunicado
and are denied any contact with family members or lawyers.
Reports
of Frequent Torture
Prisoners have stated that they were forced to sign false confessions.
Methods of getting prisoners to sign include electric shock, cigarette
burns, nail-pulling, beatings and threats to family members. There are
reports that some prisoners have died as a result.
Secret Court Hearings
The prisoners frequently know nothing about their cases, do not attend
their trials and often aren't even informed when they have been convicted.
This adds to unnecessary suffering because many have no idea why or how
long they will be in jail or whether they face execution.
Court hearings are held in secret which means that the families of the
defendants as well as the general public are denied the right to be present.
The hearings last between five minutes and two hours - even for the most
serious cases.
No guaranteed legal defense
Defendants have no right to a lawyer and have little opportunity to mount
a defense. Many are denied the right to call witnesses and evidence that
may have been gathered during the investigation is hidden from the defendant.
The judge acts as the defendant's lawyer and questions the prosecution.
Acccording to Amnesty International while some laws in Saudi Arabia refer
to detainees having lawyers, it is rare.
Defendants can be convicted solely on the basis of confessions which may
have been extracted by torture. Many people are suffering in Saudi prisons
because they were forced to sign these 'false' confessions.
Corporal
Punishment
Flogging and amputation of limbs are used extensively as judicial punishments.
They can be applied to many offences ranging from alcohol and sexual offenses
to theft. Men, women and children are flogged in prisons and in public
squares around the country. There is no upper limit on the number of lashes
judges can order. The most lashes ever recorded was 4,000 given to an
Egyptian national who was convicted of robbery.
Death by Beheading
Saudi Arabia also has one of the highest rates of executions in the world.
This sentence can be applied to a wide range of offenses including 'witchcraft'
and 'sexual crimes' both considered 'corruption on earth'.
The death
sentence - by beheading - is often carried out in public in what's know
to locals as 'Chop-Chop' Square in Riyadh. Saudi ambassador designate
to Britain claims that "We do not consider the punishment of beheading
as either abhorrent or against human rights." The punishment for
death is beheading under the law of the Shariah.
Prisoners often receive no warning that they are about to be executed.
They are taken to a public square, blindfolded and forced to kneel and
are beheaded. Most prisoners are not allowed to visit with family before
they are executed, in fact, most families are notified only after the
prisoner is dead.
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the
fifth estate : A State of Denial
The
Bill Sampson Story - Inside a Saudi Prison
- Justice in Saudi Arabia
Resources - Update
Broadcast December 11, 2002 on CBC
News: the fifth
estate
UPDATED in October 2004
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