AMBASSADOR'S FAREWELL MEETING WITH SAG JUSTICE

C O N F I D E N T I A L SECTION 01 OF 02 RIYADH 000635

SIPDIS

SIPDIS

LONDON FOR TSOU, PARIS FOR ZEYA
DEPT FOR NEA/ARP (WALKER, SHUKAN, JACHIM),INL, DRL, PRM

E.O. 12958: DECL: 03/27/2017
TAGS: PHUM PGOV KDEM SA
SUBJECT: AMBASSADOR'S FAREWELL MEETING WITH SAG JUSTICE
MINISTER

REF: 2007 RIYADH 00397

Classified By: Ambassador James C. Oberwetter for
reasons 1.4 (b) and (d).

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SUMMARY
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1. (C) Ambassador made a farewell call on Justice Minister
Dr. Abdullah bin Mohammed bin Ibrahim Al-Shaikh on March 25.
The Minister reflected on changes during the past three years
and announced that in the next two months, the SAG will
establish a separate court for terrorism and national
security cases, appoint investigative judges, establish a
Supreme Court, and implement new laws and regulations. He
requested that a U.S. Embassy liaison officer work with the
Ministry of Justice (MoJ) on all cases, including terrorism
and national security. END SUMMARY.

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Changes and More Changes to Come
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2. (C) During Ambassador's March 25 farewell call on
Minister of Justice Dr. Abdullah bin Mohammed bin Ibrahim
Al-Shaikh, the Minister, who was accompanied by office
director and advisor Dr. AbdulMalik Al-Shaikh, explained that
King Abdullah does not like inactivity and is promoting
change. He cautioned that Saudi society does not want a lot
of change unless it has confidence in its leaders.
Consequently, the SAG is making slow progress in implementing
judicial reforms -- although the Minister hoped that the pace
will quicken in the future. He said that since the King has
announced his cabinet of ministers for the next four years,
new laws and regulations will soon follow. He emphasized
that these laws will be promulgated in accordance with normal
procedures and will not be martial or emergency laws. He
acknowledged that the SAG is finding it difficult to maintain
transparency with regard to the police and judiciary, but
said the Justice Ministry has made this issue a priority.

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Terrorism Courts
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3. (C) Minister Al-Shaikh said that separate courts will be
established to hear terrorism and national security cases.
He emphasized that these courts will be part of the existing
court framework, although they will have a separate location
and management structure. However, added the Minister,
security-related considerations require that these courts not
be open to the public. Judges will serve on a rotational
basis in order to preserve judicial independence, ensure
shared responsibility, and prevent specialization. He said
that each judge will decide whether the press will be allowed
to cover court proceedings. He also said that the
ambassadors of respective countries of defendants will be
allowed to attend court proceedings involving their citizens.
He said that investigative judges will monitor cases from
arrest to verdict. The investigative judge will monitor
confessions and ensure that the accused has the right to a
lawyer during the interrogation and investigation phases, as
well as during the trial. The accused will also have the
right to have relatives present during the trial unless there
are security concerns. The SAG will appoint a lawyer if the
accused cannot afford one.

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Implementation of Laws and Regulations
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4. (C) Minister Al-Shaikh emphasized that the SAG will
enforce laws and regulations, acknowledging that
implementation is as important -- if not more so -- than
promulgating laws. The Minister stressed the delicacy of
balancing transparency, freedom of the press, and the
sensitivity of judges and court cases, especially when
national security is involved. (NOTE: International human
rights organizations such as Amnesty International and Human
Rights Watch, as well as the Saudi media, have criticized the
SAG for inadequately enforcing existing laws that provide for
rights for the accused. Such laws include the September 2001
Law of Procedure Before Shari'a Courts, which regulates the
rights of defendants, including the right to a lawyer.
Additionally, the January 2002 Code of Law Practice
established procedures to license lawyers and the rights and

RIYADH 00000635 002 OF 002


responsibilities of lawyers, including attorney-client
privileges. The May 2002 Criminal Procedure Law defined the
rights of defendants and suspects before the police and the
courts, including rules for investigations, interrogations,
and incarceration. END NOTE).

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Judges
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5. (C) Minister Al-Shaikh stressed the enormity of the
impact of recent and pending changes in the judicial system,
adding that judges and society need time to adjust. He
emphasized the special social and cultural considerations of
Shari'a courts, explaining that since judges must be selected
from religious scholars, they feel a special obligation to
avoid mistakes and issue fair verdicts. Although being a
judge is one of the best jobs in the KSA, said the Minister,
the SAG has difficulty hiring enough judges, noting that it
takes a lot of time to train judges and training is still an
area of weakness.

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MoJ-U.S. Embassy Liaison Officer
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6. (C) Minister Al-Shaikh called for the creation of a U.S.
Embassy liaison officer who would work with the MoJ on
individual cases, including terrorism and national security
cases. He emphasized that this liaison responsibility might
not be a full-time job and that it should not be a high-level
official.

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COMMENT
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7. (C) Although MoJ is traditionally one of the SAG's more
conservative ministries, Minister Al-Shaikh stressed the
importance of judicial and legal reform, while acknowledging
some frustration with the pace of reform. The Minister's
clearly articulated desire to improve recruitment and
training of judges, as well as his request for the
establishment of a U.S. Embassy-MoJ liaison officer, opens
the door to greater bilateral cooperation on judicial reform.
The timing is clearly right to leverage the Minister's goals
in support of the ongoing efforts of the U.S.- Saudi Arabia
Strategic Dialogue's Human Development Working Group to
facilitate a robust program of judicial exchanges (reftel).
END COMMENT.
OBERWETTER