SAUDI REACTIONS TO THE QATEEF GIRL PARDON

C O N F I D E N T I A L SECTION 01 OF 03 RIYADH 002532

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E.O. 12958: DECL: 12/21/2017
TAGS: PHUM PGOV SOCI SA
SUBJECT: SAUDI REACTIONS TO THE QATEEF GIRL PARDON

REF: A. RIYADH 2517

B. RIYADH 2484

Classified By: Deputy Chief of Mission Michael Gfoeller for
reason 1.4 (d)


1. (C) SUMMARY: The Saudi Press Agency (SPA) released an
official statement on December 17 that King Abdullah bin
Abdul Aziz had pardoned the "Qateef Girl" and her male
companion. (SPA text attached) Justice Minister Abdullah
Al-Alsheikh read the statement aloud during his December 17
late night interview on Saudi TV One. The King called for
further prosecution of "the accused with the most punitive
sentence." In addition, the Justice Minister "denied rumors
that the license of Abdulrahman al-Lahem, the lawyer who
pleaded for the defendants, was withdrawn or canceled." Most
Saudis, including the Qateef Girl's husband, praised King
Abdullah for his "fatherly gesture." Some activists called
for legal and judicial reforms, while a senior cleric and
columnist maintained that the Saudi judiciary is not broken.
This range of reactions explains the King's measured
response, which coincided with the first day of the Hajj as
millions of Muslims gathered in Mecca. It is also possible
that international pressure influenced the King's decision to
some degree. However, other examples of well-publicized
human rights infractions, like the forced divorce cases,
remain unresolved. Therefore, it appears that King Abdullah
made his decision in consideration of both domestic and
international factors. It is important to emphasize that the
King's pardon was legally justified, yet did not rule against
the judges' verdict. In the process, he managed once again
to balance artfully the more religiously conservative with
the more socially open-minded elements of Saudi society. END
SUMMARY.

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SUMMARY OF KING'S STATEMENT
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2. (U) The Saudi Press Agency (SPA) released an official
statement on December 17 that King Abdullah bin Abdul Aziz
had pardoned the "Qateef Girl" and her male companion. (SPA
text attached) The girl and her friend were gang raped in
2006 by seven men in the Eastern Province town of Qateef.
Justice Minister Abdullah Al-Alsheikh read the statement
aloud during his December 17 late night interview on Saudi TV
One. The King called for further prosecution of "the accused
with the most punitive sentence." In addition, the Justice
Minister "denied rumors that the license of Abdulrahman
al-Lahem, the lawyer who pleaded for the defendants, was
withdrawn or canceled." Al-Alsheikh noted during the
interview that "the King is convinced and trusts that the
verdicts are just and fair."

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KING'S PARDON WAS LEGALLY JUSTIFIED
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3. (U) The December 19 edition of the Arab News clarified
that Minister Al-Alsheikh's comment about a "tongue lashing
ruling" (see attached text) referred to a "ta'azir ruling."
The King was legally allowed to pardon the Qateef Girl
because the court issued a "ta'azir" ruling as opposed to a
"had" ruling. A "ta'azir" ruling is based on a judge or
panel of judges' interpretation of shari'a that allows for
greater discretion in sentencing versus a "had" ruling, which
requires mandated punishments based on the Qur'an or Hadith
(sayings of the Prophet). The Qateef Girl's punishment was
based on the judges' interpretation of her crime of "khulwa"
with her male companion or being in seclusion with a male
non-relative.

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HUSBAND OF QATEEF GIRL PRAISES KING ABDULLAH
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4. (U) According to the December 18 edition of the Arab News,
the husband of the Qateef Girl thanked King Abdullah "for his
fatherly gesture" and added that the pardon "is not strange
from King Abdullah who is known for his generosity to his
citizens and the Islamic world." The husband added in the
December 18 edition of the Saudi Gazette that his wife "was
passing through tough times after the media hype of the case.
But this announcement has lifted her spirit."

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SOME SAUDIS CALL FOR JUDICIAL REFORMS
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5. (U) Prominent Saudi human rights activist Fouzia al-Ayouni
commented in the December 18 edition of the Arab News that
"the King's pardon brings some relief to women, but it
doesn't clear the rape victim from being blamed...A pardon
means that she did something wrong and was kindly pardoned
later." Al-Ayouni called for "clear legislation that
differentiates between rape and adultery." She added that
"There are many other similar cases... that will (not)
receive the media attention and not every woman will get a
royal pardon afterward." Al-Ayouni specifically referred to
the "Ahsa Girl" case in the December 18 edition of the Saudi
Gazette. It is reported that a young female teacher in the
Ahsa area of the Eastern Province was abducted by her driver,
who took her to a group of men that gang raped her. The Ahsa
Girl went to a police station and filed a case on the same
day, unlike the Qateef Girl who filed a case three months
after the incident.


6. (U) According to the December 18 edition of the Arab News,
Riyadh lawyer Omar al-Saab said that "The King's pardon will
send a strong message to judges that they are now under
surveillance. People are now aware of their rights, they
know they have the right to appeal and pursue their rights.
Judges will now put in mind that they might face another
"Al-Lahem" (the Qateef Girl's lawyer) type of lawyer who will
challenge them and not take no for an answer."


7. (U) Eastern Province activist and writer Najib al-Khunaizi
argued in the December 18 edition of the Arab News that "It
is very crucial now more than ever to form a legal corpus
that prevents differences and contradictions among similar
cases that receive different verdicts from one judge to the
other." He criticized the Justice Minister's description of
the verdict as "just" and said that he "should have said that
they would review the case against both the girl and the
assailants Until now they have not said what would happen to
the rapists who are the core of the problem."

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WHILE OTHER SAUDIS PRAISE THE JUDICIARY
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8. (U) Al-Jezirah newspaper, which is based in Riyadh and
reportedly close to the religious establishment, broke the
story of the King's pardon on December 17. Then Al-Jezirah
followed up with a December 18 interview with Sheikh Abdullah
al-Mani, a member of the influential Senior Council of Ulema,
who "praised the King and the fairness of the judiciary, but
criticized foreign human rights organizations for their
biased views."


9. (U) The December 18 edition of the generally liberal
al-Watan, which is based in the western region, published a
commentary that the pardon had "lifted the sorrow and worry
of the al-Qatif Girl, who has entered our hearts despite her
impetuousness and recklessness." He referred to the "harsh
verdict," but added that "There is no question that the
Kingdom's judiciary is fair and honest." He ended by issuing
"a call to every young woman to refrain from allowing herself
to be a victim of her ignorance of the true nature of
reckless young men."


10. (C) COMMENT: Embassy and Consulate Dhahran contacts have
hinted at a royal pardon for weeks, and the December 17
pardon was expected. Clearly the pardon was timed to
coincide with the first day of the Hajj as millions of
Muslims gathered in Mecca. Through this "fatherly gesture,"
the King exercised his traditional right as monarch to engage
in acts of clemency during the most important religious
season of the Islamic calendar. The timing of the pardon was
well chosen to render it nearly impossible for opponents of
the King's decision to criticize him overtly. The Hajj is
seen in the Islamic tradition as the season of forgiveness
and mercy, when participants in the Hajj pilgrimage pray for
forgiveness of their sins while standing on Mt. Arafat, in a
ritual meant to prefigure the day of judgment at the end of
the world. END COMMENT.


11. (U) FULL TEXT OF SAUDI PRESS AGENCY STATEMENT ON THE
KING'S PARDON

BEGIN TEXT


RIYADH 00002532 003 OF 003


Custodian of the Two Holy Mosques pardons Qatif girl 2
Arafat, Saudi Arabia

Speaking to the Saudi TV (Minister of Justice) Al-Alsheikh
quoted the King as saying that the woman was subject to
brutal crime, but mistake in pardoning is less than a mistake
in punishment, according to Islamic jurists. As no final
rule was issued by the court besides that what she received
was a tongue-lashing rule, we are allowed to pardon her, the
King said, adding that this decision brings about public
interest and evades corruption taking into consideration that
the woman and her companion were subject to psychological and
physical pressures that could be considered enough punishment
for them.

Addressing the Minister of Justice, the Monarch ordered the
suspension of the suit, the release of the two defendants
according to regulation and the continuation of trying the
rest of the accused with the most punitive sentence. The
King reminded that no mercy for those who dare to violate the
Islamic laws and instructions and the state's system and
security.

In remarks to the TV, the minister drew the attention to the
combination of adhering to Sharia law and parental kindness
that were reflected by the royal order.

He denied rumors that the license of Abdulrahman al-Lahem,
the lawyer who pleaded for the defendants, was withdrawn or
canceled. No decision was made by the Ministry (of Justice)
against the lawyer in this regard, he said.

END TEXT.
FRAKER