Precarious Justice

Arbitrary Detention and Unfair Trials in the Deficient Criminal Justice System of Saudi Arabia

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• Prologue

• Summary

• Methodology

• Part 1: Saudi Law

  I. Sharia and Statutory Law

  II. Legislative Developments and the Law of Criminal Procedure

  III. Codification of Criminal Laws

  IV. Absence of Rules of Precedent

  V. Other Legal Gaps

  Right to Inform Others of One’s Arrest

  Right of Access to a Lawyer

  Obligation to Charge Promptly

  Obligation to Bring to Trial without Undue Delay

  Right to Adequate Time and Facilities to Prepare One’s Defense

  Right to Challenge Lawfulness of Arrest and Detention

Part 2: Systemic Problems in Saudi Criminal Justice

VI. Arbitrary Arrest and Detention

Criminalizing Lawful Activity

Detention Beyond Completion of Sentence

Arrests Without Warrants

Private Claims and Arbitrary Detention

VII. Due Process and Fair Trial Violations

Presumption of Innocence

Appointing a Lawyer

Right to Bring and Cross-examine Witnesses

Reasonable Doubt

Public Trial

Double Jeopardy

Summary Justice, Perverted Justice

VIII. Torture, Inhuman and Degrading Treatment

Coerced Confessions

Part 3: National Security Suspects

XI. Detention of National Security Suspects

Political Dissidents Detained Arbitrarily

Counseling Instead of Trials

Detention Without Trial of Suspected Jihadis

Mabahith Prison Oversight

The “Forgotten” Shia

Part 4: Organization of the Saudi Judiciary

X. Recent Developments in the Court System

Judicial Training Institute

XI. Bureau of Investigation and Public Prosecution

XII. Board of Grievances

Recommendations

Changes to Law

Rights in Detention

Trial Protections

Institutional Changes

Acknowledgements

Appendix: Human Rights Watch Discussions with Officials of the Government of Saudi Arabia, Riyadh, March 8-15, 2008



March 2008 Volume 20, No. 3(E)