Identifier
Created
Classification
Origin
07RIYADH2528
2007-12-18 12:21:00
UNCLASSIFIED
Embassy Riyadh
Cable title:  

SAUDI'S JUDICIAL REFORM WILL LIKELY HAVE IMPACT ON

Tags:  PHUM PGOV SA 
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VZCZCXYZ0006
PP RUEHWEB

DE RUEHRH #2528 3521221
ZNR UUUUU ZZH
P 181221Z DEC 07
FM AMEMBASSY RIYADH
TO RUEHC/SECSTATE WASHDC PRIORITY 7296
INFO RUEHJI/AMCONSUL JEDDAH PRIORITY 9312
UNCLAS RIYADH 002528 

SIPDIS

SIPDIS

DEPT PLEASE PASS TO NEA/ARP FOR RJACHIM/SRAMESH AND
DRL/NESCA FOR JLIEBERMAN

E.O. 12958: N/A
TAGS: PHUM PGOV SA
SUBJECT: SAUDI'S JUDICIAL REFORM WILL LIKELY HAVE IMPACT ON
OTHER REGIONS

UNCLAS RIYADH 002528

SIPDIS

SIPDIS

DEPT PLEASE PASS TO NEA/ARP FOR RJACHIM/SRAMESH AND
DRL/NESCA FOR JLIEBERMAN

E.O. 12958: N/A
TAGS: PHUM PGOV SA
SUBJECT: SAUDI'S JUDICIAL REFORM WILL LIKELY HAVE IMPACT ON
OTHER REGIONS


1. (U) SUMMARY: According to the Saudi Press Agency (SPA),
King Abdullah, custodian of the Two Holy Mosques, issued a
Royal decree on October 3, which will introduce safeguards
and mechanisms to strengthen the independence of the
judiciary in the Kingdom. The new regulations will establish
two Supreme Courts and specialized labor and commercial
tribunals. The new laws replace regulations in effect for
more than 30 years. Media reports state that Saudi officials
believe the new body of laws would revolutionize the
Kingdom,s justice system and likely improve the human rights
situation. END SUMMARY.


2. (U) According to the Saudi Press Agency (SPA),King
Abdallah issued a Royal decree to overhaul the Kingdom,s
judicial system, including allocating seven billion SAR
(approximately 1.9 billion USD) to train judges and build nQ
courts. The International newspaper "Herald Tribune"
reported on October 5 that the king,s announcement is an
effort to fulfill a promise he made a few months ago to
reform the much-criticized judicial system. The decree
establishes two Supreme Courts -- a general court and an
adminstrative court -- and specialized labor and commercial
tribunals. The courts replace the Supreme Judicial Council,
which will now only review administrative issues like
judges, salaries and appointments. According to the SPA,
the new laws emphasize the authority of judges in taking
independent decisions without being influenced by others.


3. (U) The new laws replace regulations in effect for more
than 30 years for the judicial laws and 25 years for the
Board of Grievances. Currently, justice in the Kingdom is
administered by a system of religious courts, which rely
heavily on the interpretation of Sharia law. While justice
is usually done, it is not always done in a consistent
manner, because of the leeway that individual judges often
enjoy to set sentences. Judges - appointed by the king on
the recommendation of the Supreme Judicial Council -have
complete discretion to set sentences, except in cases where
Sharia outlines a punishment, such as capital crimes.
Therefore, no two judges would likely hand down the same
verdict for similar crimes. Under the current judicial
system problems arose such as issues over sentencing, which
was caused by trials where no physical evidence was
presented. However, according to the SPA, the new laws will
allow the Supreme Court to review rulings pertaining to
capital crimes.


4. (U) Media reports state that Saudi officials and lawyers
believe the new body of laws would revolutionize the
kingdom,s justice system and likely improve the human rights
situation. The "Daily Star" reported that these judicial
reforms could also bode well for the entire region because
the Kingdom,s announcement may likely initiate significant
and comprehensive judicial reforms for surrounding countries.
Subsequent reporting also refers to the Kingdom as the
region,s moral influence because of its custodianship of two
Holiest cities. This means, according to press reports, that
the new reforms hold the promise of social, economic, and
political advances in Saudi Arabia that are likely to have
major impact in other parts of the Arab and Islamic world
that look to the Kingdom for inspiration and guidance.


5. (U) COMMENT: Overhauling the judicial system is one of
the primary ways of any society to achieve progress and
modernization. However, Saudi society changes slowly, and
the judicial system is no different. Post has follow up
meetings scheduled for after the Hajj with the with various
ministries affected by this Royal decree. END COMMENT.
FRAKER