Saudi statutory laws or relevant interpretations of Sharia for the Saudi criminal justice
context. Unless they have had specialized Sharia training, they have no means of knowing
the elements of the crime pertaining to the criminal behavior they were accused of, the
procedures necessary to establish guilt under Sharia rules, and the penalty they could
expect to receive if found guilty.
In the case of Pakistanis interviewed for this report, those apprehended at international
airports for drug crimes generally had not visited Saudi Arabia before and did not speak or
read Arabic. Many of those who had lived for extended periods in Saudi Arabia had learned
to speak Arabic, but few had learned to read or understand written Arabic, adding an
additional burden to those wishing to understand Saudi legal statutes and prepare a
written defense, which defendants must submit in Arabic. In the absence of Saudi lawyers,
some Pakistani detainees said that they relied on Arabic-speaking fellow detainees to
prepare their written defense documents.
In 2001 Saudi Arabia promulg
, which
establishes the legal and court procedures governing criminal cases but does not define
crimes or set punishments. The Law of Criminal Procedure (LCP) theoretically guarantees
the right to legal representation as well as Arabic translation services for non-Arabic
speakers. Article 4
he right to seek the assistance
-
f the litigants, witnesses or either of them do not
understand Arabic, the court must seek the assistance of interpreters
1).
While this was a welcome step, the LCP does not incorporate all international standards
pertaining to the basic rights of defendants. For example, the LCP does not permit a
detainee to challenge the lawfulness of their detention before a court, it fails to guarantee
access to legal counsel in a timely manner, and contains no provision for free legal
assistance to those who cannot afford a lawyer. The LCP grants the prosecutor the right to
issue arrest warrants and prolong pretrial detention up to six months without any judicial
review. While the LCP prohibits torture and undignified treatment, it does not make
statements obtained under duress inadmissible in court. It does not set out the principle
themselves.
Furthermore, it does not sanction officials who coerce defendants, and empowers
prosecutors to detain suspects without having to meet a defined standard of evidence of a
AUGHT IN A WEB
6