There are inaccuracies in many people’s understanding of an accused person’s rights under the law, and a widespread lack of knowledge. This is not helped by irresponsible media outlets that spread lies about the subject.
The Saudi Criminal Procedure Law and its Executive Regulation ensure fair and proper treatment for all, both Saudi nationals and expatriates. The law prohibits any violation of human dignity in all circumstances, and ensures the maintenance of people’s rights regardless of the charge against them.
No one may be arrested or imprisoned, or have their property searched, other than as sanctioned by law. The law also prohibits exposing anyone to abuse, whether material or moral.
Everyone is entitled to the services of a lawyer at the investigation and trial stages. An accused person has the right to attend all investigation procedures with their lawyer, and no investigator may prevent access to a lawyer.
An accused person must be examined and questioned within 24 hours of being detained; if no evidence is obtained against them in that period, the investigation department must release them. Investigating officers are obliged by law to hear an accused person’s statements without delay.
The detention period itself should not exceed five days, unless extended by the head of the Public Prosecution in the relevant region. Such an extension may be for one or more five-day periods, but the total period of detention should not exceed 40 days.
Many inaccuracies, some of which amount to fictional detective stories, have been published about investigation procedures. It should go without saying that the right to a private life is afforded great consideration and respect in both Islam and the law. Infringement on privacy is prohibited under normal circumstances, and the use of the law to do so is limited by strict restrictions and red lines. For example, a house may not be searched or inspected except with the authority of a warrant issued by the Public Prosecution or by the authorized investigating agent. A search may occur when people are caught “in flagrante delicto,” in which case women’s privacy is taken into consideration.
In addition, searches are limited to items relevant to the case. It is not normally permissible for criminal investigators to open any sealed or closed papers on the property being searched. If opening them is required, this must take place in the presence of the accused, or the person to whom these papers belong. This applies to postal messages, telephone conversations and other means of communication, which the law has affirmed to be prohibited from being accessed or monitored. In addition, searches may take place only during the hours of daylight.
At the trial stage, an accused person is entitled to attend all hearings without restriction. In addition to listening to the statement of claim, responding to it and inquiring about anything that is not understood, they are also entitled to request that witnesses be heard, and to have the final word before the hearing concludes and the sentence is pronounced.
Having only vague knowledge about our rights under the law is unacceptable at a time when the law is the principal regulator of the lives and safety of members of society.
Dimah Talal Alsharif is a Saudi legal consultant, head of the health law department at the law firm of Majed Garoub and a member of the International Association of Lawyers. Twitter: @dimah_alsharif
