JEDDAH: Adel is an employee who now prefers to stay away from the public eye. This behavioral change happened after he had been locked up in jail following a charge sheet filed against him. He was released after completion of investigations, during which it was revealed that the charge against him was fabricated.

The period he spent behind bars has inflicted irreparable damage to him. It was a big humiliation, not only for him but for the members of his entire family — including his children — as well. His daughter's fiance decided to drop their marriage plan, saying he did not want to have any association with a family with “criminal background.”

The bitter experience of Adel is not an isolated one. There are reports about the release of men who were taken into custody for want of evidence. Such people return to normal life with a feeling of ignominy. Al-Riyadh Arabic daily shed light on various aspects of this major problem in society and tried to find answers to some important questions.

Who will compensate the suspect for the damage caused to his reputation and curtailing his freedom? Is there any law that specifies to give compensation for such victims? Is it appropriate for security agencies to take a position of keeping the suspects in custody on the pretext of not having any substantial evidence for their release?

Commenting on the issue, Isa Al-Ghaith, a judge, said taking into custody of anyone suspected in criminal cases is allowed only in two circumstances — either the suspect is caught red-handed or there are circumstantial evidence pointing to him.

“Hence, a person implicated in a case becomes a suspect in the first phase of investigation. If there is any substantial evidence against him, he can be called an accused,” Al-Ghaith said, while emphasizing that the accused is innocent until he is convicted. “If the charges against him were not proved, he will remain innocent,” he added.

According to Al-Gaith, there is no need for a court verdict to declare one’s innocence.

On the other hand, there should be a verdict to convict an accused. He said the suspect is entitled to compensation if he was wrongly implicated in a case. “In such cases, he or she must be given compensation from the treasury as per the provisions of the Criminal Procedure Law. But, if he is taken into custody due to an error on the part of the investigating official, then the compensation should be levied on the investigator. In such cases, the victim can approach the Court of Grievances seeking compensation.”

Member of the Shoura Council Ahmad Al-Zailai echoed the same view. “When somebody is taken into custody, the news will be circulated among people around him. The suspect's family will also face ignominy because of this. Therefore, paying compensation is the best way to repair the damage,” he said, adding that this would help create an impression among people in his neighborhood that ultimately he is proven innocent.

Muhammad Al-Hoqail, a lawyer, said an individual cannot be detained as a suspect unless there is substantial evidence to the effect that he has committed the crime.

“Taking into custody of any suspect should be done in accordance with the provisions of the Criminal Procedure Law that specify the period of custody and the conditions to be met,” said Al-Hoqail.

Khaled Abu Rashid, another lawyer, said that any suspect who was absolved of the crime was entitled to approach the Court of Grievances.

“The court would examine the case and would issue a verdict in favor of the complainant to give him compensation if it was proved that he was taken into custody in violation of the provisions of the Criminal Procedure Law, and that he was innocent,” he said. 

Nawaf Al-Fagam, member of the Security Committee at the Shoura Council, noted that there were two types of arrests. One is after issuing summons from the Public Prosecution and Investigation Commission or the investigator himself.

The second one is suspected cases in which the investigation officials have been given the authority to arrest any suspect or wanted person.

Al-Fagam noted that there were also two types of raids on houses. One is as per the request of the investigator or on suspicious circumstances.

As for routine raids, it will be conducted only after getting a written order from the concerned investigating agency, and such a raid must be conducted in the presence of more than one agency. Another condition is that the raid must be conducted in the presence of the head of the household, Al-Fagam pointed out.