The judges made the comments at a seminar — titled Human Rights in the New Legal System — organized by the National Society for Human Rights at the Jeddah Chamber of Commerce and Industry to mark Arab Day of Human Rights on Sunday.
The judges also said there is a need to codify the Kingdom’s laws to make the legal system easier for the public to understand. They further called on critics of the Saudi judiciary to familiarize themselves with the legal system before criticizing.
“It is difficult to implement a new legal system without people knowing about it. The new legal system gives due consideration to the requirements of the modern times. It gives far greater room for lawyers to participate in the court process,” they said.
“The new system defines the rights of an accused at the time of his arrest, while in police custody, when being questioned and during his trial,” said Abdul Ilah.
Stressing the importance of codifying Saudi laws, the judge said, “Most of the laws and regulations in the Arab world are based on the jurisprudence of various Islamic schools of thoughts. The codification began in 1870. There are people who support it and others who oppose it. However, its implementation depends on the decision of the rulers.
“The aim of the codification is to make it easy for the public to know about regulations and understand their legal rights besides giving them an opportunity to learn what the punishment for a violation is and how some violations can be redressed.”
He added that ignorance of court procedures and laws among people involved in court cases leads to delays in getting justice, particularly in cases of family violence.
Speaking about the need for people to know what their legal rights are, Hamad said: “People are not aware that people, cars or private mail cannot be checked without valid and legal justification. No woman can be searched except in the presence of another woman.
“Only authorized officials can carry out such searches. The General Board for Prosecution and Investigation is the only body authorized to interrogate people. If any unauthorized person or official interrogates or searches a person, then the person involved has a right to seek legal action.”
Regarding women pleading their own cases at his court, the judge said he did not have any objections. However, the topic of giving permission to female lawyers to represent their clients in court is a matter being examined by the Ministry of Justice, he said.
