JEDDAH, 6 December 2007 — Khaled Al-Mutairi, the attorney representing the lawyer in the controversial rape case of the “Qatif Girl,” said yesterday that a disciplinary committee at the Justice Ministry in Riyadh has agreed to return his client’s license to practice law, pending a disciplinary hearing. The license was confiscated last month.
Al-Mutairi said that his request to delay the disciplinary committee’s hearing of the case has also been approved, adding that such practices are normal and would allow him time to read into the case and prepare a defense.
A three-member disciplinary committee — headed by Sheikh Yousif Al-Farraj from the Higher Court of Justice, another judge from the Court of Grievances and a third unnamed Saudi lawyer — is reviewing a complaint made by State Prosecutor Muhammad Bin Khonain against Abdul Rahman Al-Lahem, the 36-year-old Saudi lawyer and human rights activist who has been representing the “Qatif Girl.”
Al-Lahem’s license was confiscated on Nov. 14 at the Qatif General Court while representing his 20-year-old client, who was kidnapped and gang-raped by seven men last year. Before the hearing started, Judge Saad Al-Mohanna, one of the three judges at the Qatif General Court, took Al-Lahem’s license and told him that the judicial committee had decided to suspend him from the case.
Al-Mutairi, representing Al-Lahem at the Justice Ministry yesterday, argued that according to Saudi law, a disciplinary judicial committee at the Justice Ministry is the only body authorized to revoke lawyers’ licenses. “Unfortunately the Qatif judge’s decision to revoke Al-Lahem’s license is not legal,” said Al-Mutairi. “That simply means that Al-Lahem is not suspended from work and can resume practicing law until the disciplinary committee makes its decision on the complaint filed by the prosecutor,” he said.
“As this is the first hearing, official files, including all documents, are not yet complete. Al-Lahem’s license was not brought to the hearing. So the panel has agreed to deliver it back to him by next week,” said Al-Mutairi. According to a copy of the summons issued by the prosecutor, Al-Lahem is accused of “misrepresenting legal subjects through the media to confuse the judicial establishment’s image and thus harm the country.”
Al-Lahem, according to Saudi legislation, will either be cleared of all charges or face one of four punishments stated by law. If the majority of the panel finds Al-Lahem guilty, then he will be issued an official warning, suspended from practicing law for three years, or have his named removed from the Saudi lawyers’ registration.
Al-Mutairi explained that Saudi official employment warnings comprise of two stages: “lawm” and “inzar” (loosely translated as “blame” and “warning”). “The blaming and the warning are both official written documentations but of different formulas,” said Al-Mutairi, adding that if a decision was issued to cross Al-Lahem’s name out from the lawyers’ registration then Al-Lahem has the option of re-registering his name after five years.
He added that Al-Lahem has the right to appeal a ruling issued by the Court of Grievances within 15 days of the decision.
In the prosecution’s summons, Al-Lahem is said to have offended the Kingdom by giving statements to the media. The first was in relation to the “Qatif Girl” case and the second was in relation to the forceful divorce of Fatima and Mansour. Al-Lahem was the lawyer representing the couple in that case.
“In the Qatif Girl case they are accusing me of contacting the Human Rights Commission and the justice minister. This is absurd. I’m a Saudi lawyer. My authoritative source is the minister. Why am I blamed for contacting him?” said Al-Lahem.
The prosecutor’s summons also lists an objection that Al-Lahem represented the rape victim after the case was closed and a final judgment was made.
“According to law all over the world, not only in Saudi Arabia, the victim has 30 days to appeal. I was her lawyer only a few days after the first verdict was announced. She did not have legal assistance before that. And If I was wrong in contacting the minister then why did the Higher Court looked at the case in the first place?” said Al-Lahem.
The prosecutor is also accusing Al-Lahem of giving statements to the local media while representing the forcefully-divorced couple. “Al-Lahem accused the judges of depending on custom, not Shariah in issuing their verdict when divorcing the couple,” the summons said, quoting a TV interview.
Arab News is still awaiting a response from the Justice Ministry in relation to a fax sent on Nov. 21 requesting an explanation of a ministry statement accusing Al-Lahem of violating rules and regulations, an accusation that Al-Lahem denies. Al-Lahem said he only objected to the rape victim being made to come face to face with her rapists at a hearing last Ramadan to announce the new verdict. Al-Mutairi said that the next disciplinary committee hearing would most likely take place after the Haj holidays. “I’m very optimistic about the case. The committee is a good one and has independent judicial authority,” he said.
