RIYADH: The Law of Criminal Prosecution put in place in 2001 states that “any accused person shall have the right to seek assistance of a lawyer or a representative to defend him during the investigation and trial stages.”
But according to a representative of the Saudi Human Rights Commission (HRC), the relationship between private lawyers and government investigators and prosecutors must be improved to expedite full implementation of the law.
“To ensure preserving the rights of the defendant during investigations, we are seeking — through cooperation with the Commission for Investigation and Prosecution (CIP) — a full application of the Criminal Procedure Code,” HRC spokesperson Zuhair Al-Harithy told Arab News recently, specifically citing defendants’ rights to legal counsel and representation.
In June the National Committee of Lawyers met with the CIP in order to help cement ties and understandings regarding the laws of criminal prosecution.
“The meeting concluded with all parties agreeing on the importance of enhancing the level of trust between members of CIP and lawyers throughout the Kingdom,” Al-Harithy said. “This will solve many problems, clarify the code and protect the rights of the accused,” he added.
The HRC is emphasizing the importance of the role of lawyers and the relation between the investigators and lawyer “so the convict isn’t turned into a victim.”
“Our role at the HRC is to relay our recommendations through positive relations with government bodies,” he added.
Ministers have been good at consulting with the HRC, according to Al-Harithy, which he says has helped to open positive channels of communication and build trust.
“The general well-being (of society) is our aim, and this can be achieved through positive interactions instead of aggressive monitoring and criticisms,” said Al-Harithy.
Incidents of the accused being investigated and tried without legal representation have been reported in the local media. In one incident last year, a 16-year-old boy in the southern town of Zihra, 40kms outside of Jizan, was beheaded after being found guilty of murdering another boy in 2005 when he was 13.
In an unprecedented move, the Saudi father, Hussein Al-Hakami, sued the local police for SR10 million and is asking that the men involved be put to death. Among the charges the father has made is that the boy was interrogated without legal representation, which, if true, would have been a violation of the 2001 reforms to the criminal code.
