Gulf Monitor Special Report
Story of Keralite workers Killed in Saudi Arabia Prepared by V.M.Sathish
and R.S.Priya
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9
The Death Penalty and Executions: Migrant Worker Victims

Orlando Lorenzo was in prison for six and a
half years. He always asked visiting diplomats from the [Philippines]
embassy about his case, and they always told him that there was no
news. Then he was executed I was there on the day that they
took him away. -- Filipino migrant worker,
Human Rights Watch interview, December 2003.
The death penalty is in force in Saudi Arabia and
executions continue to take place there on a regular basis. (The kingdom
is thus termed a retentionist country with respect to capital punishment.316)
The number of reported judicial executions in Saudi Arabia declined
significantly in the three-year period from 2000 to 2002, although
the proportion of foreigners sentenced to death remained high.317
The Saudi government does not provide public information about foreigners
and Saudi citizens who have been sentenced to death and are awaiting
execution in prisons throughout the kingdom. In October 2003, the
Philippines Department of Foreign Affairs revealed that fourteen Filipinos
in Riyadh and Jeddah were facing capital punishment, but
did not supply additional information.This chapter
documents five cases of migrant workers who were beheaded in Saudi
Arabia without the knowledge of their embassies or immediate relatives.
Migrant workers who were former prisoners told Human
Rights Watch that foreigners condemned to death typically were unaware
of their sentences and had no advance notice of their date of execution.
The executed do not know what is about to happen to them until
the very last moment, said an Indian who was held in Buraiman
jail in Jeddah in 2000. A large number of police come into the
cell and ask for the person by name. Sometimes people are forcibly
dragged out
I watched four Filipinos taken away like this.
A Filipino who was imprisoned with Orlando Lorenzo,
a plumber from the Philippines, recounted the circumstances surrounding
his execution on October 25, 1999. It was clear, he said, that Orlando
and the Philippines government did not know that he was sentenced
to death and scheduled for execution:
Orlando was in prison for six and a half years. He
always asked visiting diplomats from the embassy about his case and
they always told him that there was no news. Then he was executed
-- I was there on the day they took him away.
Two weeks after the beheading, embassy representatives
came to the prison looking for Orlando, he added. It is unclear why
Orlando was sentenced to death because his conviction was for robbing
and stabbing a Pakistani taxi driver, not murder. In September
1998, an internal two-page memorandum from the Philippines embassy
in Riyadh to the foreign affairs officials in Manila stated that despite
numerous requests to the authorities on information on the status
of the case it received a response from the Saudi foreign affairs
ministry only once. The ministrys communication, dated November
12, 1995, reported that Orlando was imprisoned in Malaz jail in a
hold-up case, stabbed a limousine driver and get the drivers
money [sic]. The embassy also noted this: Aware of the
unique legal system in the Kingdom, hiring the services of a legal
counsel at this stage will not serve any purpose. It added:
[T]he embassy feels that the imposition of the death penalty
is possible.322
Based on letters that some executed Indian nationals
sent to their families from prison, which Human Rights Watch reviewed
during visits with their families, it appeared obvious that these
men, like Orlando Lozenzo, did not know that they had been sentenced
to death. In most cases, the condemned men did not even know that
their trials had been concluded. Family members explained to us how
they typically received the first news of the executions unofficially,
through phone calls from relatives or friends working in Saudi Arabia,
or from anonymous letters that prisoners or other persons mailed to
them. It was not until months later and sometimes much longer
-- that Indian authorities notified the families about the executions.In
2003, the second secretary at the Indian embassy in Riyadh confirmed
the prevailing secrecy:
No advance information is given to us before beheading
of Indians. We generally get the information after the execution from
local newspapers. Whenever we received advance information in rare
instances, we moved swiftly to stop such executions. In one such case,
even the president of India sent a mercy petition to the Saudi king,
which was rejected and the execution was carried out. Since this is
the law here in Saudi Arabia, foreign diplomatic missions are unable
to do much.323
As the cases below indicate, the families of Indians
executed in the kingdom for drug offenses had no information about
the legal proceedings that led to the death sentences, including the
place and dates of trials. They knew only the date of execution and,
in some cases, the date of arrest. Abdul Kalam Azad Abdul Kadir: Please
save my husband and bring him home.
Nazeema, a twenty-seven-year-old Indian Muslim who
is the mother of two children, still believes that her husband Abdul
Kalam will be returning any day from Saudi Arabia. Her relatives did
not tell her about the letter that Abdul Kalams father received
from the Indian embassy, dated February 8, 2003. The letter informed
him that Abdul Kalam was executed on June 18, 1999 for alleged heroin
smuggling.
Abdul Kalam Azad Abdul Kadir, a native of the Palakkad
district in Kerala state, went to Saudi Arabia for the first time
in the early 1990s and worked for three years as an agricultural
laborer. His family told us that he sent them 2,000 to 3,000 rupees
every few months. When he returned home, he got married. In 1997,
when Abdul Kalam was thirty-five years old, he traveled to Mumbai
with six other Indian workers and an agent from Tamil
Nadu to secure another employment visa to the kingdom. Abdul Kalam
expected to work on a farm in al-Hasa, in the Eastern province. The
men deposited their passports with another agent in Mumbai and paid
him 20,000 rupees each. The agent subsequently vanished,
the family said, and Abdul Kalam returned to Mumbai to collect his
passport and money. He telephoned his wife from the capital in July
1997 and informed her that someone had arranged his travel to Saudi
Arabia and he was leaving the following week.
After that telephone conversation, no one heard from
Abdul Kalam again. Over two years later, the family received a letter,
dated August 15, 1999, from an Indian in Saudi Arabia who wrote that
his uncle was in jail for drug offenses. His uncle, whom he visited
in prison, met Abdul Kalam there and said that Abdul Kalam was facing
narcotics charges. My uncle told me that one Indian from Calicut
and another from Palakkad were executed but I do not know if this
is correct, he wrote, and urged the family to contact the Indian
embassy in Riyadh. The letter provided no additional information.
It took almost three years for Indian authorities to respond to the
familys registered letters of inquiry about the case and confirm
that Abdul Kalam had been executed.324
P.T. Shamsudeen: Your son asked me to tell you
that he was executed today.
A short handwritten letter from an inmate in Section
17 of Buraiman prison in Jeddah is the way that P.T. Moheideen learned
that his son Shamsudeen, thirty-seven years old and the father of
three children, would not be coming home from Saudi Arabia. The letter,
dated September 17, 1999, stated this: Your son was arrested
and jailed for drug trafficking. Today Shamsudeen was executed. He
asked me to tell you. Friday is the day that letters go out from this
prison.325
Shamsudeens father explained that his son first
went to Saudi Arabia as a worker in 1985 and stayed for four years.
He came back to India to get married, then returned to the kingdom
three more times. He left India for the last time in 1997 with a visa
to work as a driver in Damman that he purchased from an agent
in Calicut for 20,000 rupees. His father provided the money as a loan.
The family heard nothing from Shamsudeen until a year
later, when he sent a letter from Buraiman prison, informing them
that he had been arrested at the airport with a group of Indians and
did not know why. Over the next year the family received two more
letters. In these letters Shamsudeen continued to assert that he did
not know why he was arrested, and said that his case had not yet been
brought before a court. He added that the first batch
of men arrested with him were taken to court and that he expected
to be called soon.
The family learned later that the six Indians who
traveled with Shamsudeen to Saudi Arabia were all recruited by the
same agency. In such situations, the family was told, if one member
of the group was arrested on drug charges, the others were also taken
into custody.326
K.P. Ghafoor: We are sorry to inform you that
your son was executed
In July 2000, Indian citizen K.P. Ghafoor, from Kerala
state, was executed in Saudi Arabia. Our research indicates that he
was apparently unaware that he had been sentenced to death. The eldest
of nine children, Ghafoor traveled to the kingdom for the first time
in 1988, when he was twenty-three years old. According to his family,
he worked as a cleaner in a post office in Mecca, for a monthly salary
of 400 riyals, and was eventually promoted to clerk. He was fired
from this government job when he returned to the kingdom late from
his second leave in 1994, during which time he had married in India.
He went back to Saudi Arabia again in 1997, on an umrah visa, but
came home because he could not find work.
Ghafoor left his village again in 1998, hoping to
obtain a visa to Saudi Arabia in Mumbai. He remained in the capital
for two months before flying to Jeddah. The family did not hear from
him until a month later, when they received a letter that he wrote
from Buraiman prison. He explained that someone in Mumbai gave him
edibles to deliver to an address in Jeddah, which he did.
The recipient was arrested and led police to Ghafoor, who also was
taken into custody. Ghafoor told his family that the package contained
drugs.
Ghafoor wrote to his family monthly from prison. He
commented in several letters that his court dates had been postponed,
but never mentioned a trial. The last letter that the family received,
dated July 3, 2000, contained one page of generalities, including
a request that they write to him and a promise that he would include
more information in his next letter. The family learned from a relative
who worked in Jeddah that Ghafoor was executed several weeks later.
Family members told Human Rights Watch that they were in shock and
made no attempts to contact Indian authorities to confirm this news.
It was not until seven months later, February 11,
2001, that the Indian consulate in Jeddah mailed a brief letter to
Ghafoors father, notifying him of the date of the execution.327
The family said that they know nothing more about the case. Gafoors
father received a second letter, dated March 19, 2001, from the Indian
Ministry of External Affairs Passport Office in Kozhikode. It simply
noted that the office had received his sons passport from the
Saudi government. Gafoors remains were not sent back to his
family. We heard that bodies are never returned so we never
asked about it, one relative said.328 Gafoors only child,
a son, is now seven years old.
Raghavan Asari Santhosh: The Arab sponsor told me that no one
could save my son.
A large framed photograph of his son Santhosh dominates
the tiny sitting room in the home of Raghavan Asari, a sixty-year-old
Indian carpenter, and his wife Seetha. Santhosh was executed in Saudi
Arabia on August 25, 1995, one of many innocent victims of Mumbai-based
narcotics smugglers, his family believes.
In 1993, Santhosh sought an employment visa to work
as a carpenter in Saudi Arabia. According to his father, he deposited
his passport with a local travel agency, but after waiting for a while
with no results he took it back. On his way home, Santhosh met an
Indian agent who said he had a visa for a carpenter job
in Jeddah at a monthly salary of 1,500 riyals. The price for the visa
was 45,000 rupees, which the family borrowed from four local lenders.
They paid the money on the agents verbal promise of the job.
According to his father, Santhosh left his rural village
in southern Kerala on October 6, 1993 and flew to Mumbai, in the company
of another Indian agent named Samsuddin. He waited in
the capital for nine days. On the day of his scheduled flight to Saudi
Arabia, Santhosh returned to his room and found his suitcase torn
apart. He told his family that Samsuddin consoled him and offered
to lend him another bag, a briefcase, on the condition that he return
it to a person in Saudi Arabia who would ask for it. Santhosh was
arrested at Jeddah airport when customs officials found drugs in the
bottom of the briefcase.
The family did not learn of Santhoshs arrest
until two months later when an anonymous letter arrived from the brother
of an Indian nurse who met Santhosh when he was having blood tests
after his arrest. Alarmed, Santhoshs father visited local politicians
and wrote letters to Indian government ministers, who replied that
the government was inquiring about the case. In December 1994, Santhoshs
father traveled to Saudi Arabia on a visa that a friend secured for
him, with a job as a carpenter. He presented a petition to the Indian
embassy in Riyadh, which was faxed to the consulate in Jeddah and
he met with his sons Arab sponsor. He never attempted to visit
Santhosh in prison because, he told us, Jeddah was such a long distance
from Riyadh Santhosh sent letters to his family from Section 16 of
Jeddahs Buraiman prison. He wrote to us constantly. He
was happy working as a carpenter in the jail and hoped to be back
in Kerala soon, his father told us. My impression was
that my son was innocent, and an innocent man is never punished,
he added. From what Santhosh communicated in the letters, he was brought
to court two times, with a translator present. He never described
what happened in the court and mentioned nothing about a verdict.
The family believes that Santhosh did not know he had been sentenced
to death. Until now, the family has no detailed information about
his trial. Santhosh was twenty-four years old when he was executed.329
Women Migrant Workers on Death Row
The cases of two Asian women domestic workers, who
were sentenced to death for allegedly killing their employers, raise
troubling questions about the fairness of the Saudi justice system.
The women, from the Philippines and Indonesia, did not speak Arabic,
and had no access to lawyers or any other form of legal assistance
during their criminal investigations and subsequent court proceedings.
Consular officials were not present at their trials.
Sarah Jane Dematera: The Philippines
Sarah Jane Landicho Dematera, a citizen of the Philippines,
arrived in Saudi Arabia on November 11, 1992, to begin employment
as a domestic worker for a Saudi family living in the Eastern province.
She was twenty years old. Four days later, the wife of Sarah's employer
was bludgeoned to death in the family home. Sarah, who will be thirty-three
years old on December 17, 2004, has spent almost one-third of her
life in prison for a crime that she possibly did not commit.
According to the Kanlungan Center Foundation
the migrant rights nongovernmental organization (NGO) in the Philippines
that has tirelessly campaigned on Sarah's behalf -- Sarah was a witness
to the killing. She described the perpetrator as an Arab male, who
ordered her to move and cover the body, clean the murder weapon, and
wipe up the blood.
Sarah did not speak Arabic and had very limited fluency
in English, so she was unable to explain anything to the victim's
husband when he returned home. He called the police, who questioned
Sarah three times and then told her that they believed she was the
murderer. Sarah reportedly insisted on her innocence, but was held
for one week in solitary confinement and subjected to continuous sleep
deprivation.
At the end of this week-long ordeal, Sarah was brought
to an office, given a blank notebook, and instructed to write down
in English what senior officers - presumably interrogators from the
interior ministry -- dictated to her. Terrified and weak, she complied
but stopped writing when the narrative reached her own admission to
the murder. When she protested, she said that she was told she would
be electric-shocked and brought to court if she did not "confess."
Sarah was returned to the police station where she
was arrested and was forced to sign the notebook that contained her
"confession." The police then took Sarah to the house of
her employer and asked her to re-enact how her employer's wife had
been killed, videotaping her as she told the story. She was returned
again to the police station and then transported to the women's prison
in Dammam, where she was held for one year in solitary confinement.
Sarah's trial took place on October 4, 1993 and October
11, 1993 in Islamic Court No. 39/4, according to the Saudi foreign
affairs ministry. Sarah did not have a lawyer or an interpreter, and
Kanlungan believes that Philippines consular officials did not have
access to her during these proceedings. The videotaped reenactment
of the murder was used during the trial, Sarah informed her mother
during a visit in 1998.
Kanlungan has emphasized that Sarah "was not
given a chance to explain clearly what she witnessed, and how she
saw the man kill the Madame, because she could not speak Arabic and
was neither fluent in English." It has also raised other concerns:
"There was no interpreter or lawyer to assist her during the
trial and she did not have enough skills to present the facts of her
case. If the videotaped re-enactment of the crime was shown in court,
it could have been misinterpreted as [acts] that Sarah herself committed.
No one from among the police must have clarified that the taped video
was just a re-enactment of how Sarah witnessed/saw the man kill the
Madame. She did not do it herself, she only re-enacted how she saw
the crime happen in front of her own two eyes."
The court issued its judgment on November 14, 1993,
finding Sarah guilty and sentencing her to death. Kanlungan provided
Human Rights Watch with a translated communication from the Saudi
ministry of foreign affairs, which stated the following:
The case was decided by the Islamic Court No. 39/4
dated 3/6/1414 (corresponding to Nov. 14, 1993) ordering the execution
of said accused as a punishment for the crime she committed. However,
the execution of said punishment has been postponed until the minor
children of the deceased reach the age of majority to enable them
to join with other heirs in requesting for the execution of the accused.
The said decision has been confirmed by Royal Decree
and sent to the proper higher authorities dated 15/2/1415 (corresponding
to July 24, 1994).330
Sarah did not have a family visit until February 1998,
when a Kanlungan representative and Sarah's mother Josie traveled
to Saudi Arabia to meet with her in Dammam women's prison. Mrs. Dematera
visited again in November 2001. In February 2003, the Philippines
Department of Foreign Affairs sent a written report describing its
activities on Sarah's behalf. It noted that consular officials visited
her in October 2002 and that she appeared physically healthy. It said
the embassy pursued a royal pardon during Ramadan later that year,
and was seeking assistance from Saudi lawyers and prominent citizens
in the Eastern Province to intercede with members of the victim's
family to accept monetary compensation in lieu of implementation of
the death penalty.
According to Kanlungan, Sarah suffers from depression
and requires tranquilizers in order to sleep. Severe backaches in
2002 prevented her from continuing work as a food aide in the prison,
depriving her of the income she used to purchase food and phone cards.
A Kanlungan representative met with Sarah Jane's mother
on May 23, 2003. Mrs. Dematera is worried because she has not heard
from her daughter since late January 2003, presumably because the
cellphone on which she made regular calls was stolen. According to
Kanlungan, written communication with Sarah is difficult because letters
cannot be sent directly to the prison but must be routed through the
Philippines embassy, which delivers them during occasional visits.
Women inmates are not permitted to send letters to their families
directly from the prison.
Siti Zaenab: Indonesia
Another example is the case of Siti Zaenab, an Indonesian
woman from Bangkalan, East Java, who is married with two children.
She arrived in Saudi Arabia in March 1998 on a contract for employment
as a domestic worker with a Saudi family in Medina. According to the
Center for Indonesian Migrant Workers (CIMW), the Jakarta-based migrant
rights organization that has worked vigorously on Sitis case,
she wrote her last letter to her family in September 1999, mentioning
for the second time that her employers were treating her cruelly.
After receiving no additional correspondence from Siti for some time,
the family became worried, and started to make inquiries about her.
It was not until March 2000 that the Indonesian consulate in Jeddah
informed the family by fax that Siti Zaenab had been arrested and
charged with stabbing her female employer to death.
According to CIMW, the Indonesian foreign ministry
said that Siti Zaenab was accompanied only by an Indonesian translator
for her trial before a three-judge court in May 2000. The translator
was a post-graduate student in Medina, and this reportedly was his
first interpreting assignment. The court sentenced Siti Zaenab to
death, although it remains unclear if this was her first trial or
an appearance before a higher judicial tribunal.
The Saudi foreign ministry informed Indonesian consular
officials on July 18, 2000 that their scheduled visit to Siti Zaenab
the next day had been postponed, with no reasons provided. Possibly
fearing yet another secret execution of an Indonesian citizen, three
Indonesian consular officials remained in Medina from July 19-21,
monitoring the site near a mosque where beheadings were said to be
carried out on Thursdays and Fridays.331
According to CIMW, Siti Zaenab's family received a
letter from the Indonesian government, dated August 3, 2000, informing
them that her execution had been postponed as a result of a personal
conversation between King Fahd and Indonesia's then-president Abdurrahman
Wahid.
Since this time, CIMW and the family have been unsuccessful
in their repeated and copiously documented efforts to secure additional
information about the case, and to secure visas to Saudi Arabia to
visit Siti Zaenab in Medina prison and obtain first-hand information
from her. For example, CIMW told Human Rights Watch that at a meeting
with Mohamed Ibrahim al-Utaibi of the Saudi embassy in Jakarta on
January 18, 2001, he said that the embassy could not grant a visa
to the organization and Siti Zaenab's family because of "regulations,"
which he declined to identify. Mr. Utaibi added that the Jakarta embassy
was not aware of Siti Zaenab's case and, in any event, could only
grant a visa with the permission from the kingdom's foreign affairs
ministry.
Saudi authorities have made little information publicly
available about the trial, other than to state that Siti Zaenab confessed
to the killing.
On March 29, 2001, the United Nations Special Rapporteur
on Extrajudicial, Summary or Arbitrary Executions, Asma Jahangir,
sent an urgent appeal to the government of Saudi Arabia about the
case, noting that Siti Zaenab reportedly was tried without any legal
assistance and that neither the former Indonesian ambassador nor his
lawyer were allowed to visit her in detention. The Special Rapporteur
received a reply from the Saudi government on November 20, 2001, the
contents of which she summarized as follows:
[O]n 11 September 2000, [Siti Zaenab] was sentenced
to death for murdering her employer after a trial during which she
expressly confessed to the murder. It was brought to the Special Rapporteur's
attention that the sentence had not been carried out, pending attainment
of the age of majority by the murdered woman's eldest child so that
it could be ascertained whether the heir wished to accept a stipulated
financial compensation, pardon the offender or demand enforcement
of the death penalty. The Government pointed out that the judicial
authorities would endeavor to persuade the child to accept the financial
compensation, in which case the State or charitable associations would
help to provide the requisite sum. It was further reported that the
judiciary is bound by any legal settlement reached, i.e. if the victim's
heirs relinquish their right to retribution either before or after
the judgment, the accused is reportedly not liable to the death penalty.332
The Governments Obligations under International
Law
In 1984, the United Nations Economic and Social Council
formulated safeguards to protect the rights of individuals facing
the death penalty.333 The international community views these safeguards
as the basic guarantees for ensuring that the rights of these defendants
are respected. In 1985, the Seventh United Nations Congress on the
Prevention of Crime and the Treatment of Offenders called upon all
retentionist states to adopt and implement the safeguards. The closed
nature of Saudi Arabias criminal justice system makes it impossible
to judge the extent to which the kingdom adheres to these minimum
safeguards.
For example, in some of the death penalty cases described
above, including the drug smuggling cases, the lack of information
about trial proceedings leaves it an open question if the alleged
crimes were intentional.334 The United Nations Secretary-General observed
in a 1995 report that retentionist countries had a wide range
of capital crimes. He noted in particular that the death
penalty can be imposed for crimes when the intent to kill may not
be proven or where the offence may not be life-threatening, which,
may in turn, suggest a wide interpretation of both the letter and
the spirit of the safeguard.335 The lack of transparency of
Saudi Arabias justice system, coupled with the pattern of coerced
confessions, raises the most serious concerns about the quality of
the evidence that is used to impose sentences of capital punishment.336
Given these major flaws in the kingdoms criminal justice system,
it is a grave abuse of human rights that the Saudi government does
not ensure that every person facing the death penalty is provided
with skilled and effective legal assistance.337
The United Nations Special Rapporteur on extrajudicial,
summary or arbitrary executions has emphasized the critical importance
of ensuring fair trial standards and procedures in capital punishment
cases, including the right to a lawyer:
All defendants facing the imposition of capital punishment
must benefit from the services of competent defense counsel at every
stage of the proceedings. Defendants must be presumed innocent until
their guilt has been proved beyond a reasonable doubt, in strict application
of the highest standards for the gathering and assessment of evidence.
In addition, all mitigating factors must be taken into account. The
proceedings must guarantee the right to review of both the factual
and the legal aspects of the case by a higher tribunal, composed of
judges other than those who dealt with the case at the first instance.
The defendant's right to seek pardon, commutation of sentence or clemency
must also be ensured.338
The Special Rapporteur characterized as most
disturbing the lack of transparency with regard to capital punishment
trials, and stressed the need for governments to release publicly
all relevant information about death penalty cases:
Reports regarding the secrecy surrounding the trial
and application of the death penalty in a number of States, are most
disturbing
.[I]n some countries there is considerable official
reluctance to reveal statistical information on the death penalty.
This secrecy reportedly affects family members, who are not informed
in advance of the date of a relative's execution and have no right
to the body after execution.
The Special Rapporteur also made a plea for the release
of information to the public about death penalty cases:
[T]he Special Rapporteur refers to resolution 1989/64,
in which the Economic and Social Council urged Member States to publish,
for each category of offence for which the death penalty was authorized,
and if possible on an annual basis, information on the use of the
death penalty, including the number of persons sentenced to death,
the number of executions actually carried out, the number of persons
under sentence of death, the number of death sentences reversed or
commuted on appeal and the number of instances in which clemency had
been granted. 339
The Special Rapporteur urged retentionist governments
to provide comprehensive information on cases in which the death
penalty has been imposed to national and international human rights
organizations so that they are able to ensure that all safeguards
and guarantees applicable in imposing the death penalty have indeed
been observed. She has noted that some countries do not
even give access to simple data on the death penalty, and there
is a lack of transparency in the circumstances surrounding the imposition
of death penalty.340 This chapter makes clear that Saudi Arabia
is an egregious case in point.
These serious concerns prompted Human Rights Watch
in 2003 to call for a moratorium on executions in Saudi Arabia until
all death penalty cases could be independently reviewed.341 What we
said at that time continues to apply. We recommend that the Saudi
government release statistics and other information about every prisoner
on death row, and establish an independent commission of inquiry to
examine each case individually. Members of the commission should include
experienced defense lawyers, legal scholars, and medical and mental
health professionals. Saudi women should be represented on the commission,
particularly in view of the rapport that they could establish with
women prisoners.
Human Rights Watch proposes that commission members
conduct private in-depth interviews with each person condemned to
death, with the goal of gathering information about conditions and
treatment in pre-trial detention, and the conduct of their trials,
with a particular focus on practices of the justice and interior ministries
that violated the basic due process rights of Saudi citizens and foreigners
who were sentenced to death. We recommend that the commission determine
the following about pre-trial detention:
* the period of time that each defendant was held
incommunicado;
* the government ministry with custodial authority of defendants during
incommunicado detention;
* treatment of defendants during incommunicado detention;
* date of confessions and the circumstances under which they were
obtained; date(s) when family members and other interested parties
were informed of each persons arrest, and the date on which
these parties first had access to the defendants date of notification
of the charges against defendants and a description of these charges
request that defendants made for legal assistance, if any; and
* date(s) of the provision of legal advice or assistance to defendants
prior to trial.
Human Rights Watch further recommends that the commissions
independent review of trial procedures focus at minimum on the following
subjects:
* persons notified of each defendants trial
date, and the method of notification;
* persons present at the trials;
* witnesses who testified for the defense and the prosecution, if
any;
* evidence upon which the court's judgment was based;
* the use of confessions as evidence, and the substantive content
of these confessions;
* efforts of the judges to establish the voluntariness of the confessions;
* ability of defendant to present a defense to the court; and
* the written judgment of the court.
We urge that the findings and recommendations of the
commission be transmitted to senior Saudi government officials for
consideration, and also made public. We continue to believe that Saudi
citizens and foreigners who have suffered human rights abuses in the
criminal justice system should be released and provided with compensation,
or tried again with the full guarantees provided under Saudi and international
human rights law, including the right to legal assistance during every
phase of the legal process.
Mortal Remains: Whereabouts Unknown
In all the cases of judicial execution in Saudi Arabia
that Human Rights Watch examined, the families told us that they never
received the bodies of their relatives. We do not know what
happened to his body and we never received a death certificate,
Raghavan Asari Santosh, an Indian Hindu, said about his twenty-five-year-old
son who was executed in 1995.342 Chandran Kizhakke Cholakkil, another
Indian Hindu whose twenty-six-year-old son Udayakumaran was executed
on May 20, 2000, showed us the death certificate he received but said
he wanted the mortal remains of his son in order to carry out the
traditional religious burial rites.343 The wife of Orlando Lorenzo,
a Filipino Christian who was executed in 1999, sought unsuccessfully
to have his remains repatriated.344 Whether the families of the executed
men were Muslim, Hindu or Christian, the denial to them of closure
according to their religious practices remains an additional aching
personal loss.
The mortal remains of all executed foreigners, including
non-Muslims, reportedly are buried at secret locations in the kingdom.
This practice is one of the few exceptions to the general rule prohibiting
the burial of non-Muslims in the kingdom. In an interview with the
Wall Street Journal, Saudi Arabias justice minister Abdullah
Mohammed Al Shaikh acknowledged that Islamic law does not dictate
this prohibition but his comments suggest that the practice is derived
from the governments own restrictions on religious freedom:
"The burial of Muslims and non-Muslims alike involves religious
practices," the minister stated. "And if we allow the non-Muslims
to be buried here, this will be followed by the practicing of their
religion." He admitted that some foreigners, including executed
persons, are buried at unofficial locations in the kingdom:
"There are so many non-Muslim foreigners here
that we just can't fly out all of their bodies," says Mr. al-Shaikh
.So,
he says, many are interred at what he describes as "unofficial"
burial sites around the country. That's the case, for example, with
the dozens of foreigners beheaded for crimes such as murder, rape
or sorcery every year, and with bodies that are too mangled to ship.
Such sites are off-limits to visitors.345
The Indian government has also noted that executed
foreigners are one of five exceptional cases in which
mortal remains are buried in the kingdom irrespective of the
religion.346
Human Rights Watch strongly urges the Saudi government
to disclose publicly its policies with respect to the disposition
and location of the mortal remains of men and women who were executed
in the kingdom pursuant to judicial decisions. Specifically, authorities
should clarify the following: (1) the procedure by which the immediate
family of victims are notified about the execution of their relatives;
(2) the procedure through which family members can be informed of
the specific location in the kingdom of the remains of a judicially
executed relative; and (3) the governments policy with respect
to repatriation of the remains of foreign citizens who have been executed
in the kingdom pursuant to judicial decisions.
With respect to cases of judicial executions documented
in this report, Human Rights Watch requests, on behalf of the families,
that Saudi authorities disclose where the human remains are located
in the kingdom and, as an urgent matter, indicate how the families
can arrange to have the remains repatriated.
Bomb Hoax Disrupts Standard Chartered
Bur Dubai head Office for 3- Hours
By V.M.Sathish
DUBAI - July 15, 2004 A bomb hoax has created temporary
panic and confusion at the UAE headquarters of Standard Chartered
bank, one of the leading western multinational banks with operations
in different Middle Eastern countries. The three hour security alert
which started from 8.30 am ended at 11.30 as the bank security could
not locate any dangerous explosives in the building premises. Full
Report
Saudi Arabia: Foreign Workers Abused Torture, Unfair
Trials and Forced Confinement Pervasive
(London, July 15, 2004) -- In Saudi Arabia foreign
workerswho comprise one-third of the kingdoms populationface
torture, forced confessions and unfair trials when they are accused
of crimes, Human Rights Watch said today in a report that offers a
rare glimpse into the Saudi justice system.Saudi Arabias troubles
run much deeper than the terror attacks that are claiming the lives
of innocent civilian. Full Report
Bad Dreams Exploitation and Abuse of Migrant
Workers in Saudi Arabia
It was like a bad dream is the way one
migrant worker from the Philippines summed up his experiences in Saudi
Arabia. Another worker, from Bangladesh, told us: I slept many
nights beside the road and spent many days without food. It was a
painful life. I could not explain that life. A woman in a village
in India, whose son was beheaded following a secret trial, could only
say this: We have no more tears, our tears have all dried up.
She deferred to her husband to provide the account of their sons
imprisonment and execution in Jeddah.More
@KM 2004 Home