JEDDAH, 19 November 2007 — The lawyer representing a Saudi rape victim in Qatif has criticized the second ruling issued by the Kingdom’s Higher Court of Justice doubling the woman’s punishment to 200 lashes and six months in jail, saying that the ruling “sums up the major problems that the Saudi judiciary faces.”
Abdul Rahman Al-Lahem, 36, also criticized the General Court in Qatif for confiscating his license to practice law. On Wednesday the Qatif General Court announced the Higher Court of Justice’s verdict. Al-Lahem had previously asked the Ministry of Justice and the Human Rights Commission to review the first ruling issued by the General Court in Qatif, which had ordered the rape victim be given 90 lashes.
“Basic Islamic law states that an appeal shall not harm the person appealing,” said Al-Lahem, adding that lodging an appeal is the right of anyone accused of a crime and something crucial for a just trial. “Once this rule is ignored, then people who appeal verdicts are only left terrorized. From now on people will be apprehensive to appeal fearing they might be punished or have their sentences doubled. That’s exactly what’s happened to the rape victim, who only wanted justice,” he said.
The lawyer said that the Higher Court claimed that the woman being with a non-related male in the first place was the reason behind her rape. According to Saudi law, non-related men and women are not permitted to meet in private, a concept known as “khalwa.”
“This does not make sense at all,” said the lawyer, referring to the Higher Court ruling. “The police investigation records clearly state that the girl was with a non-related male friend in a public place when they were both abducted and later raped. This no doubt clears the girl from accusations that she was in khalwa,” he said.
The victim had met her friend to receive some photos of her that he had taken from a relationship with her when she was 16. She contends that the man had initially threatened to distribute the pictures to shame her. “The picture was even given to the police after that. We were hoping that the Higher Court would take all that into consideration when issuing its verdict, but unfortunately none of that happened,” said Al-Lahem.
Speaking about the revocation of his law license, Al-Lahem said that when he entered the General Court in Qatif he was asked to leave by Judge Saad Al-Mohanna, who said, “Get it back (the license) from the Ministry of Justice in Riyadh.” He also added that Al-Lahem was “arguing with falsity.”
“I did not say anything at all. All that I said was Assalamu alaykum and that’s it. I have human rights activist Fawziya Al-Oyoni, the girl and her husband as my witnesses,” said Al-Lahem. Incidentally, Al-Oyoni was also asked to leave the courtroom.
“The Saudi judicial system states clearly that such cases have to take place in public. That only shows that the judges underestimate the Kingdom’s legislation, which is in place to protect the rights of citizens,” he said.
Al-Lahem said that he has never disobeyed court orders. He recalled that last Ramadan when the Qatif General Court received from the Higher Court of Justice the second verdict, Judge Al-Mohanna insisted the girl be present to hear the verdict herself, in spite of the presence of the girl’s seven attackers.
“I told Sheikh Saad Al-Mohanna that according to Saudi legislation lawyers have the right to represent their clients even if they are absent unless the case involves a major crime like murder. It’s obvious that this is not the case here. I told him I would never allow my client to attend any hearing while her rapists are there,” he said.
“She is a rape victim, she is still suffering. That’s totally inhumane. Plus the hearing was not to take more testimonies but was only meant to announce the new verdict,” said Al-Lahem, adding that the judge said that the legislation does not apply here and postponed the hearing.
Al-Lahem said denying him his right to practice law at this sensitive time is a denial of his client from the right of having a defense. “Asking me to appear in front of a disciplinary committee at the Ministry of Justice on Dec. 5 is a punishment for taking human rights cases against some institutions that over time have gained some sort of immunity from questioning,” said Al-Lahem, referring to a recent case lodged by him, on behalf of a Saudi woman, against the Commission for the Promotion of Virtue and Prevention of Vice.
He added that the law is clear that lawyers are not to be stopped from practicing without first being handed an official warning. “None of that happened,” he said.
“I’m still hopeful in Custodian of the Two Holy Mosques King Abdullah’s reforms that are taking place right now. We have to hope for a better future,” he said, adding that he is determined to submit a list of objections to the Cassation Court.
Qatif General Court declined to comment and said protocol demands that all press queries are handled by the Ministry of Justice in Riyadh, which is closed until Monday like all government offices due to the OPEC summit.
