JEDDAH, 19 December 2007 — The official pardon of “Qatif Girl”, which was released late Monday night by Custodian of the Two Holy Mosques King Abdullah, said that the “Qatif Girl” had been subjected to “a brutal crime”. The pardon, which was read by Justice Minister Abdullah Al-Asheikh on Monday night on Saudi Channel One, describes the reasoning for the decision. “According to what has been gathered in the file of this case from the evidence, the facts show that the woman was subjected to a brutal crime, which saddened us,” the statement from the king reads.
“A mistake in pardoning is less than a mistake in punishment, according to Islamic jurists. As no final ruling was issued by the court, besides a (Ta’azir) ruling, we are allowed to pardon her.”
A Ta’azir ruling is one based on an interpretation of Shariah by a judge or panel of judges, rather than a direct reference to proper punishments for specific crimes in the Qur’an or Hadith. The “Qatif Girl” was sentenced to 200 lashes and six months in prison based on an interpretation of her crime (in this case “khulwa”, or “isolation”, with a man in a vehicle) and its detrimental effect on society as determined by the judge.
Asheikh said on Monday to a Saudi local newspaper that the king “is convinced and trusts that the verdicts are just and fair.” But the king’s pardon read by the minister says that the pardon was “because the woman and the man who was with her were subject to torture and stubbornness that is considered in itself sufficient in disciplining both of them and to learn from the lesson.”
The pardon ordered the suspension of the trial against both defendants — “Qatif Girl” and her male companion, who was also reportedly raped — and a continuation of the review of the sentencing of the seven young men found guilty of rape. The king ordered the Ministry of Justice to give the rapists the strictest sentence possible for their crime. The king also issued a warning that no mercy would be given to those who dare to violate Islamic law or pose a threat to public safety.
In the second verdict that was issued in November, the convicted rapists had their sentences increased to between two and nine years in prison. The pardon also underscored the king’s support for the justice system. “Men of justice are our men and deputies and we count on them, after God, to establish justice; to cut the way in front of every jealous person who wants to use such cases to harm the country’s reputation,” the statement reads.
The pardon continued to be well-received yesterday by human rights and women’s groups, who tempered their thanks with a request for increased protection of women in the judicial system.
The recently formed Saudi Women’s Association, which petitioned for the right to drive in September, issued a statement yesterday thanking King Abdullah for recognizing the brutal nature of the crime and reversing the decision to punish the rape victim.
“We sincerely thank you and deliver our highest appreciation of your kind pardon of the ‘Qatif Girl’,” the statement reads. “We were sure of your kind heart and the goodness of your soul.”
The statement goes on to ask that the Saudi government “issuing legislations that protect women from abuse and family oppression.”
King Saud University professor and columnist Hamza Al-Mezaini, who received a royal pardon from King Abdullah in 2005 when he was crown prince, said Qatif Girl’s pardon is a sign that the king is following closely such matters.
“Pardoning the girl means the king is monitoring and directly following up such cases,” he said. “It clearly shows that he is keeping a close eye on all matters Saudi. He is our shelter.”
Mizeini was facing 275 lashes and four-months of imprisonment after a professor brought slander charges against him for criticizing what the columnist called extremist elements at the institution.
Although Mizeini said that there should be some control over the way the media cover ongoing court cases, he said the media scrutiny in this trial “served the girl well.”
“But that’s not guarantee it will have the same effect each time,” he said.
In one interview published in Saudi Arabia, one of the judges of the High Court openly expressed his desire to see the rape victims and the rapists executed.
During the televised presentation of the king’s pardon, Asheikh denied what he describes as “rumors” that the license of Qatif Girl’s lawyer, Abdul Rahman Al-Lahem, had been revoked. The minister said that the Saudi law has established means to punish lawyers if mistakes were reported on them from individuals or societies.
“Punishing any lawyer is not merely a reactionary move,” he said. “There is a formed committee at the ministry that decides on lawyers state and whether to keep their license, revoke them or punish them accordingly. No decision was made by the Ministry (of Justice) against the lawyer in this regard.”
