JEDDAH, 28 March 2006 — The Court of Grievances ordered the Public Security Department to pay a compensation fee of SR173,844 to a Pakistani national who had been jailed for nearly two and a half years without any charges filed against him.
A local Arabic daily reported that the 35th Division of the Court of Grievances in the southern Asir Region looked into a complaint presented by the sponsor of Mohammed Irfan Mohammed for his wrongful imprisonment from Oct. 15, 1999, to March 12, 2002, without having any charges filed against him for allegedly aiding and abetting a suspected embezzler. The court ruled that this was against the law, citing the following excerpt of the penal code: “No one can be imprisoned or detained until the capture of the main wanted suspect in a case.”
The court ruled that the authorities detained and held Mohammed to pressure him to facilitate the capture of his brother, who allegedly fled the country after embezzling SR400,000. The court ruled that since the main suspect’s alleged criminal act has not been established in a court of law, his brother should not have been imprisoned. Mohammed’s sponsor then filed a lawsuit in the Court of Grievances against authorities in Khamis Mushayt.
The prosecution asked for SR2 million for financial and emotional damage upon their client especially after a Shariah court in Khamis Mushayt ordered Mohammed’s release on Oct. 9, 2001, about five months before he was actually released.
The Khamis Mushayt police department detained Mohammed on the accusation of conspiring to help his brother Rana Salah Al-Deen escape.
The Grievances Court clarified that the mistake by Khamis Mushayt police deprived the plaintiff of his freedom, the ability to manage his family affairs and work in addition to causing emotional damage.
It ruled that as the plaintiff received a daily wage of SR66 the Public Security Department is obliged to pay that amount for time he was detained multiplied by three for all the damages they have caused.
A top official familiar with the case at the Court of Grievances in Asir told Arab News that this is not the first time a government department has been indicted and ordered to pay compensation. He added that in such cases the court does not prosecute an individual but holds the whole department responsible.
“If the department wishes to hold individuals accountable for wrongdoing inside their organization that is their internal matter,” said the source, who did not want to be identified.
The case has been transferred to the scrutiny committee of the court to approve the verdict, said the official.
