Top OFW Safety Tips
Police Arrests – Saudi Arabia
What will happen if I am arrested?
Police sends a report to the Governor’s office once an arrest is made. This should include a statement made by the accused. The Investigation and Prosecution Unit will usually hold the investigation. The accused will then be transferred to a public prison until the Governor’s office reached a decision. This can take several months. If the charges are political or terrorism act related, the accused may be transferred to a security prison.
The Governor’s office has four options to choose and enforce:
- Asks the defendant to sign a letter stating that the offence will not be repeated. Released usually comes after. The letter is submitted to the police station where the defendant is being held;
- Recommends immediate deportation;
- Recommends that the prisoner be brought before a Sharia court for trial and judgment; or
- Passes the file to the Ministry of Interior for a decision to be made as to how the case should proceed through the Saudi judicial process.
What will happen during the investigation?
Detention for no more than 24 hours will initially be given to an arrested person. The investigating officer can submit an application to the Governor’s office to extend the period of detention to a maximum of five days. While the General Prosecution Board may extend this period up to a maximum of six months.
The Governor’s office can refer the case to the Ministry of Interior or the Public Prosecutor’s office at any time and authorize the continued detention of a person for a period not exceeding six months depending on the gravity of the crime. Security-related matter may result to the accused being held for up to a year or more without charge while investigations are ongoing.
Can I be released on bail?
For minor offences, it is the discretion of the Governor’s office to recommend the police to allow defendant to be released to the defendant’s employer or sponsor’s custody upon receipt of a guarantee letter. Defendant is not allowed to leave Saudi Arabia until the case is cleared.
For major offences, the Governor’s will instruct the police to transfer the accused from the police station to the local jail and be held pending a court appearance.
What will happen during the trial?
When the judge receives the indictment, your case will go through a set of hearings usually conducted by lawyers before a single judge, though the accused may be present.
Trials are heard by a judge. There is no jury system in Saudi Arabia. It is the judge discretion to rely solely on police reports. The court consists of a judge, the court clerk and a prosecutor. The judge will read the file prepared by the police, the public prosecutor’s and defendant’s statement. The judge may ask few questions from the involved parties and reach a decision.
You will be allowed be represented by a lawyer in court hearing but cross examination of witnesses or argue the statements presented by the police or the public prosecutor is not allowed.
Should the judge decide on a custodial sentence, the sentence will run from the date of the arrest, not the date of court appearance.
What if I cannot afford a lawyer?
There is no free public attorney’s office in Saudi Arabia.
Consular staff cannot give legal advice but they can provide a list of Saudi lawyers, some of whom speak English. If you do have to pay, it is wise to agree a flat rate for the whole case procedures to avoid finding yourself facing extra expenses.
Can I appeal the judgement?
You can submit your appeal within 30 days from the issuance date of judgment. The appeal must be submitted by the court that made the first decision. The appeal court decision is based on the records sent by the sentencing court. The convicted person or his appointed lawyer may send appeal memo – they will not be allowed to attend in person.
Custodial sentence will automatically lead to a deportation at the end of the sentence provided there are no outstanding issues.
Prison Conditions
There are two types of jails: normal and security prisons.
If the Governor’s Office recommends your case be sent to court, you may be transferred to jail to await trial. Permission to visit a prisoner requires the permission of the Saudi Ministry of Foreign Affairs and this may take some time.
Jail conditions in Saudi Arabia are relatively good. You will receive three meals a day and you may also buy additional food from the jail grocery store. Jail are air-conditioned during summer and heated during winter and you will be provided with a mattress and a blanket.
Some jail are underground so you may have limited access to sunlight and fresh air. You will have reasonable access to shower and toilet facilities and drinking water in common area. You will not have a uniform so changes of clothing are allowed, which you must provide yourself. Medical treatment is also available. Doctors and outside specialists make regular visits to the jail.
There are separate jails for men and women. The security prisons are located in remote areas and can be in different cities. If you have been convicted for a security case, the Saudi authorities may move you several times into different prisons around different cities.
Release and Deportation
The Saudi local authorities are not obliged to advise consular offices of impending deportations.
Amnesty
Those with expired Umrah, Haj and visit visas, pilgrims without Haj permits, and those who have crossed the border into the Saudi Arabia without permits are qualified to benefit from the amnesty.
Those with expired residence identification cards, workers with work permits but with no ID, and workers who have been declared absconding by their employers or sponsors are also qualified for amnesty.
Clemency or Royal Pardon
During the month of Ramadan, Saudi Arabia usually issue a clemency/pardon for some prisoners.
If you are eligible for a pardon, you will be released automatically after the following rules have been applied:
- Expatriate prisoners, arrested and convicted for public right with a penalty not exceeding SAR 5,000 are deported immediately after taking their electronic fingerprints. Your name will be added to the list of persons who are not allowed to enter Saudi Arabia.
- Expatriate prisoners arrested and convicted in the following crimes are usually excluded from being eligible for pardons:
- Crimes against state security.
- Premeditated murder.
- Drug trafficking.
- Drug dealing, for the second time and more, provided that a precedent is recorded, otherwise they shall be immediately deported.
- Weapons and explosives.
- Money laundering.
- Crimes punishable by doctrinal provisions or life imprisonment.
- Rape, kidnapping, robbery, banditry, and armed robbery.
- Shooting security men while performing their duty.
- Theft committed by gangs of two persons or more.
- Offences relating to Saudi currency counterfeiting.
With the exception of crimes relating to state security, if you have served half your imprisonment period, and both the public and private rights have been settled, you may be deported.
You will not be able to leave until any private rights issues have been settled.
Source:
Gulf Law | http://www.gulflaw.info/index.php