Saudi Arabia - Revision history

IBJadmin at 12:16, 6 March 2013

2013-03-06T12:16:38Z

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			{{Languages\|Saudi Arabia}}

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Kristinamiller at 18:04, 18 March 2011

2011-03-18T18:04:32Z

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	*

	__NOTOC__		__NOTOC__

	<references/>		<references/>

Kristinamiller: /* Defendants' Rights */

2011-03-18T18:03:49Z

Defendants' Rights

← Older revision		Revision as of 20:03, 18 March 2011
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	Defendants have few, if any, rights. Arrests without warrants, undignified treatment during interrogations, prolonged detention, no-notice trial sessions and verdicts, long delays in trials, and obstacles to challenging evidence plague the criminal justice system. It has been reported that police officers, and sometimes prosecutors, beat and threaten defendants to extract confessions which can be used against the defendant in trial. <ref> http://www.hrw.org/en/node/62304/section/3 </ref> There is no right to bail, and defendants can be held without being formally charged. <ref> http://www.country-data.com/cgi-bin/query/r-11682.html </ref>		Defendants have few, if any, rights. Arrests without warrants, undignified treatment during interrogations, prolonged detention, no-notice trial sessions and verdicts, long delays in trials, and obstacles to challenging evidence plague the criminal justice system. It has been reported that police officers, and sometimes prosecutors, beat and threaten defendants to extract confessions which can be used against the defendant in trial. <ref> http://www.hrw.org/en/node/62304/section/3 </ref> There is no right to bail, and defendants can be held without being formally charged. <ref> http://www.country-data.com/cgi-bin/query/r-11682.html </ref>

	====Trial====		====Trial====

	Defendants are sometimes discouraged from hiring lawyers to represent them through judge intimidation and bans. To help fix this problem, the Shura Council approved the establishment of a public defender program in January 2010. <ref> http://www.hrw.org/en/news/2010/01/14/saudi-arabia-criminal-justice-strengthened </ref> The defendant’s testimony is given great weight, although it takes the testimony of two women to equal that of one man. Trials are closed and lack juries. Consulate officials of foreign nationals on trial are not permitted to attend the trial of the foreign national. <ref> http://www.country-data.com/cgi-bin/query/r-11682.html </ref>		Defendants are sometimes discouraged from hiring lawyers to represent them through judge intimidation and bans. To help fix this problem, the Shura Council approved the establishment of a public defender program in January 2010. <ref> http://www.hrw.org/en/news/2010/01/14/saudi-arabia-criminal-justice-strengthened </ref> The defendant’s testimony is given great weight, although it takes the testimony of two women to equal that of one man. Trials are closed and lack juries. Consulate officials of foreign nationals on trial are not permitted to attend the trial of the foreign national. <ref> http://www.country-data.com/cgi-bin/query/r-11682.html </ref>


	====Post-Conviction====		====Post-Conviction====

Kristinamiller: /* Defendants' Rights */

2011-03-18T18:03:12Z

Defendants' Rights

← Older revision		Revision as of 20:03, 18 March 2011
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	====Pre-Trial====		====Pre-Trial====

			Defendants have few, if any, rights. Arrests without warrants, undignified treatment during interrogations, prolonged detention, no-notice trial sessions and verdicts, long delays in trials, and obstacles to challenging evidence plague the criminal justice system. It has been reported that police officers, and sometimes prosecutors, beat and threaten defendants to extract confessions which can be used against the defendant in trial. <ref> http://www.hrw.org/en/node/62304/section/3 </ref> There is no right to bail, and defendants can be held without being formally charged. <ref> http://www.country-data.com/cgi-bin/query/r-11682.html </ref>
	====Trial====		====Trial====

			Defendants are sometimes discouraged from hiring lawyers to represent them through judge intimidation and bans. To help fix this problem, the Shura Council approved the establishment of a public defender program in January 2010. <ref> http://www.hrw.org/en/news/2010/01/14/saudi-arabia-criminal-justice-strengthened </ref> The defendant’s testimony is given great weight, although it takes the testimony of two women to equal that of one man. Trials are closed and lack juries. Consulate officials of foreign nationals on trial are not permitted to attend the trial of the foreign national. <ref> http://www.country-data.com/cgi-bin/query/r-11682.html </ref>


	====Post-Conviction====		====Post-Conviction====

			Defendants may appeal the decision to the Ministry of Justice or, for serious cases, a court of appeal. Sentences of death or amputation are heard by a panel of five judges. <ref> http://www.country-data.com/cgi-bin/query/r-11682.html </ref> For all death sentences issued on a “discretionary basis,” the Shura Council requires a unanimous decision among a five-judge panel at the appeals court. <ref> http://www.hrw.org/en/news/2010/01/14/saudi-arabia-criminal-justice-strengthened </ref> The King has final review of all death sentence cases.
	----		----
	See [[Criminal Justice Systems Around the World]]		See [[Criminal Justice Systems Around the World]]

Kristinamiller: /* Type of System */

2011-03-18T17:48:37Z

Type of System

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	Saudi Arabia does not have a penal code. Criminal ~~defenses may be~~ determined ~~as a matter~~ of ~~opinion~~ rather than based on written law. Judges can issue death sentences for offenses against God, offenses against people as defined under Sharia, and on a “discretionary basis” for acts a judge believes merits the death penalty. <ref> http://www.hrw.org/en/news/2010/01/14/saudi-arabia-criminal-justice-strengthened </ref>		Saudi Arabia does not have a penal code. Criminal offenses and punishments are determined by judicial interpretation of Sharia law, rather than based on written law. <ref> http://www.hrw.org/en/node/62304/section/8 </ref> Judges can issue death sentences for offenses against God, offenses against people as defined under Sharia, and on a “discretionary basis” for acts a judge believes merits the death penalty. <ref> http://www.hrw.org/en/news/2010/01/14/saudi-arabia-criminal-justice-strengthened </ref>

	==Sources of Defendants' Rights==		==Sources of Defendants' Rights==

Kristinamiller at 17:45, 18 March 2011

2011-03-18T17:45:33Z

← Older revision		Revision as of 19:45, 18 March 2011
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
	*[http://www.saudiembassy.net/about/country-information/laws/CriminalProcedures2001-1of3.aspx Law of Criminal Procedure]		*[http://www.saudiembassy.net/about/country-information/laws/CriminalProcedures2001-1of3.aspx Law of Criminal Procedure]
			*[http://www.hrw.org/en/node/62304/section/1 Precarious Justice (A Human Rights Watch Report)]
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]

Kristinamiller: /* Sources of Defendants' Rights */

2011-03-18T17:39:57Z

Sources of Defendants' Rights

← Older revision		Revision as of 19:39, 18 March 2011
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	Despite declarations by the government that the criminal justice system adheres to high standards, defendants’ rights are systematically and fundamentally violated. <ref> http://www.hrw.org/en/node/62304/section/3 </ref> There is no penal code, therefore there is no way for residents or visitors to know what acts are considered criminal or what rights, if any, they have once accused. There is a criminal procedure code (created in 2002) called the Law of Criminal Procedure, but not all of the international standards for basic defendant rights are included in the document. For example, the code gives the prosecutor the right to issue arrest warrants and prolong pretrial detention periods without judicial ~~approval~~. Another example is that statements obtained from people under duress due to torture or undignified treatment are permitted in court.		Despite declarations by the government that the criminal justice system adheres to high standards, defendants’ rights are systematically and fundamentally violated. <ref> http://www.hrw.org/en/node/62304/section/3 </ref> There is no penal code, therefore there is no way for residents or visitors to know what acts are considered criminal or what rights, if any, they have once accused. There is a criminal procedure code (created in 2002) called the Law of Criminal Procedure, but not all of the international standards for basic defendant rights are included in the document. For example, the code gives the prosecutor the right to issue arrest warrants and prolong pretrial detention periods without judicial review. Another example is that statements obtained from people under duress due to torture or undignified treatment are permitted in court.

	==Defendants' Rights==		==Defendants' Rights==

Kristinamiller: /* Type of System */

2011-03-18T17:38:28Z

Type of System

← Older revision		Revision as of 19:38, 18 March 2011
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	Saudi Arabia is a monarchy governed according to Sharia law, Islamic law derived from the Quran and Sunna that guides all aspects of ~~muslim~~ life. ref> http://www.cfr.org/religion/islam-governing-under-sharia/p8034 </ref> In 1992, royal decree created the Basic System, the fundamental constitutional document that articulates rights and responsibilities of the government. <ref> http://www.nyulawglobal.org/globalex/saudi_arabia.htm </ref> The Basic System is complemented by other secular laws and organizations, including the Regional Law and the Consultative Counsel Law.The King is the ultimate authority, and there is also a legislative branch and a judicial branch of government.		Saudi Arabia is a monarchy governed according to Sharia law, Islamic law derived from the Quran and Sunna that guides all aspects of Muslim life. <ref> http://www.cfr.org/religion/islam-governing-under-sharia/p8034 </ref> In 1992, royal decree created the Basic System, the fundamental constitutional document that articulates rights and responsibilities of the government. <ref> http://www.nyulawglobal.org/globalex/saudi_arabia.htm </ref> The Basic System is complemented by other secular laws and organizations, including the Regional Law and the Consultative Counsel Law.The King is the ultimate authority, and there is also a legislative branch and a judicial branch of government.

Kristinamiller at 17:37, 18 March 2011

2011-03-18T17:37:13Z

← Older revision		Revision as of 19:37, 18 March 2011
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	\|-		\|-
	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">ADDITIONAL RESOURCES</h2>
	*		*[http://www.saudiembassy.net/about/country-information/laws/CriminalProcedures2001-1of3.aspx Law of Criminal Procedure]
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]

Kristinamiller: /* Sources of Defendants' Rights */

2011-03-18T17:00:45Z

Sources of Defendants' Rights

← Older revision		Revision as of 19:00, 18 March 2011
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	==Sources of Defendants' Rights==		==Sources of Defendants' Rights==


			Despite declarations by the government that the criminal justice system adheres to high standards, defendants’ rights are systematically and fundamentally violated. <ref> http://www.hrw.org/en/node/62304/section/3 </ref> There is no penal code, therefore there is no way for residents or visitors to know what acts are considered criminal or what rights, if any, they have once accused. There is a criminal procedure code (created in 2002) called the Law of Criminal Procedure, but not all of the international standards for basic defendant rights are included in the document. For example, the code gives the prosecutor the right to issue arrest warrants and prolong pretrial detention periods without judicial approval. Another example is that statements obtained from people under duress due to torture or undignified treatment are permitted in court.

	==Defendants' Rights==		==Defendants' Rights==