In a case that has recently generated much debate and comment in Saudi Arabia, we find ourselves confronted with very complex issues.
They reflect on our society, our legal system and the state of human rights in the Kingdom.
The case is that of Mueed Al-Hakami, a boy from Jizan who was executed last July for the rape and murder of a child. The case is tragic, no matter how you look at it. It seems that the sufferers are more than just the victim and the alleged criminal. There are two families whose lives have been shaken to the core and I am sad to say, it seems that our legal system has also been affected by it.
As reported in several papers, including Arab News, Al-Hakami was arrested for assaulting his neighbor’s son and murdering him.
He was interrogated, reportedly confessed to the crime and was taken to a juvenile detention center until sentence was passed and he was executed.
The case is complex in many ways, but the most shocking thing about it is the fact that the family knew nothing about their son’s execution. Al-Hakami’s father learned of the execution two days after the fact when he went to the detention center to visit his son.
The debate has raged, with some people supporting the official version of events and approving the sentence while others see numerous violations of both Islamic and international law — not to mention the United Nation Convention on the Rights of Children to which Saudi Arabia is a signatory.
The father of the boy is suing the Jizan police for ten million riyals and calling for the execution of those responsible for his son’s death. In a manner typical of Saudi officialdom, the police did not talk about the case until it became the focus of attention. The chief of police then talked to a reporter from Al-Madinah newspaper about what had happened. According to him, the boy confessed and was taken to the juvenile court for a hearing to decide whether he was of age when he committed the crime. In response, the father’s lawyer says that no such hearing took place and the judge of the juvenile court denies having so ruled.
In addition, the lawyer claims there was no medical report on the victim proving the alleged sexual assault, and he stresses also that Al-Hakami’s mental state was never assessed. The father added that he was not allowed to be with his son during the interrogation although the chief of police claims that the boy’s parents were present.
In all this we can see two contradictory stories. One of them is bound to be wrong. What is clear for all to see is that instead of one crime, the police have two on their hands.
The fact that Al-Hakami was 13 years old when the incident took place means that he was under age; under Saudi law, police cannot detain and punish anyone under the age of 15 in the absence of his or her legal guardians. Under Saudi law, a boy comes of age at 15, which means that passing a death sentence against him was illegal. Adding to the tragedy of these events, there seems to be no response from our so-called human rights organizations. The father says that he has complained to them but has received no answer. One wonders how much it takes for the organization to respond.
Although the chief of police has tried to cover all the points raised by the father, he has not managed to come up with an excuse or a plausible story for executing the boy without the knowledge of his family.
The really disturbing thing, if there can be anything more disturbing, is that the parents did not get a chance to see their child before his death nor do they even know where he is buried.
No matter what the circumstances in this case, an investigation is called for and the results should be made public. If the police are in the wrong, then a fair trial should take place. If the father’s side of the story is incorrect, then the investigation will serve to restore people’s trust in the legal system.
