On Justice and Constitution

I was one of the people who have had a chance to meet with a delegation from Human Rights Watch during their fact-finding missions to the country in 2006 and 2008, and therefore I was looking forward to read the results of these visits. HRW released two reports that you can find here and here.

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I have been going through their report on the criminal justice and, as expected, the picture drawn in there is not pretty. The report is highly critical to several government bodies as well as the justice system. The report also notes some steps were taken to reform laws and procedures but says these reforms has been slow and had has had little effect on the rights of defendants. An excerpt:

Saudi Arabia should tackle the fundamental shortcomings of its judicial system by reforming its laws and its criminal procedures, from arrest through imprisonment, to ensure that they comply with international human rights standards. At present, the shortcomings in Saudi Arabia’s criminal justice system are so pervasive as to leave grave doubt that Saudi courts have established the guilt of sentenced prisoners in a fair trial and that law enforcement officers detain untried defendants on a sound legal basis.

One of the main sources of these shortcomings is the absence of a constitution in which laws and regulation are rooted. The Basic Law, issued in 1992, is dubbed by the report a “proto-constitution” but the problem with this document is that it doesn’t enumerate the rights and duties of citizens. Some critics like Khalid al-Dakhil think The Basic Law is a good start on which we can build to formulate a constitution, while others like Abdullah al-Hamid propose a whole new document that they call the “Islamic Constitution.”

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6 thoughts on “On Justice and Constitution

  1. I think there is lot Debates going about the criminal justice in Saudi but nothing has improve yet …. If the government try to higher a well educated judges in all aspect of life not just the religion maybe thing well do get batter also I keep wandering why all the judges have same extreme views is it religion or just their personality !!!

  2. Why, if justice and human rights are so deficient in Saudi Arabia and other Muslim lands, do Muslims advocate that non-Muslims convert and adopt the same system? Isn’t failure its own demonstration?

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