Identifier
Created
Classification
Origin
08RIYADH731
2008-05-07 13:53:00
CONFIDENTIAL
Embassy Riyadh
how-toVZCZCXYZ0001 PP RUEHWEB DE RUEHRH #0731 1281353 ZNY CCCCC ZZH P 071353Z MAY 08 FM AMEMBASSY RIYADH TO RUEHC/SECSTATE WASHDC PRIORITY 8342 INFO RUEHJI/AMCONSUL JEDDAH PRIORITY 9531
C O N F I D E N T I A L RIYADH 000731
SIPDIS
DEPT PLEASE PASS TO NEA/ARP FOR RJACHIM/SRAMESH AND
DRL/NESCA FOR JLIEBERMAN
E.O. 12958: DECL: 05/07/2018
TAGS: PHUM PGOV SA
SUBJECT: OBSTACLES TO JUDICIAL REFORM
REF: RIYADH 002528
Classified By: Charge D'Affaires Michael Gfoeller for reasons
1.4 (b) and (d).
C O N F I D E N T I A L RIYADH 000731
SIPDIS
DEPT PLEASE PASS TO NEA/ARP FOR RJACHIM/SRAMESH AND
DRL/NESCA FOR JLIEBERMAN
E.O. 12958: DECL: 05/07/2018
TAGS: PHUM PGOV SA
SUBJECT: OBSTACLES TO JUDICIAL REFORM
REF: RIYADH 002528
Classified By: Charge D'Affaires Michael Gfoeller for reasons
1.4 (b) and (d).
1. (C) SUMMARY: According to recent media reports, the
Judicial reform announced by Saudi King Abdullah al-Aziz in
October, 2007 may take a few years. Even though the changes
represent a significant shift for the Kingdom,s justice
system, the country faces a huge challenge in the face of
conservative values entrenched within Sharia Law. Also
according to recent editorials, many of the problems that
exist in regards to the current judicial system are both
qualitative and quantitative. Muslim scholars believe more
drastic measures need to be taken to achieve successful
reforms. END SUMMARY.
REFORMING THE JUDICIAL PROCESS
2. (C) Last October, King Abdullah 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 new courts (reftel). The new laws replace
regulations in effect for more than 30 years for the judicial
laws and 25 years for the Board of Grievances. Planned
changes include establishing special criminal courts and
family courts along with courts for issues related to
traffic, the economy, business, and sports.
3. (U) Currently, justice in the Kingdom is administered by
a system of religious courts, which rely heavily on the
interpretation of Sharia law. Justice 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 sentence for similar crimes.
4. (U) According to Arab News, the judicial system has often
been criticized for its failure to administer justice,
largely due to inadequate legal procedures, red tape and
rigid interpretation of Sharia law by some of the appointed
judges. In fact, early media reports after the King,s
announcement 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.
However, according to recent editorials, Muslim scholars
believe that additional measures need to be taken to achieve
successful reforms. "To reform the judiciary, we need to
reform the Sharia colleges first and upgrade the level of
these institutions," said Dr. Tarek Al-Suwaidan, a prominent
Muslim scholar. He added, "There should be more advanced
curriculum, and the teaching standards should be enhanced."
Institutions are criticized because of the poor quality of
education and poor academic standards. Students who enroll
in these colleges are usually the ones who graduate from
school with poor or average grades. Furthermore, their
studies are usually confined to subjects related to Islamic
Jurisprudence.
5. (U) Dr. Muhammed al-Eisia, Deputy President of the
Grievance Board, expressed his enthusiasm for the recent
reforms in a November 24 meeting with PolOffs. In his
opinion, the new reforms will strengthen the concept of an
independent judiciary. However, the inadequacy of current
judges and their lack of knowledge is the cause of many
grievances. According to Arab News, it is incumbent upon the
keepers of Sharia law to ensure the relevance of its
interpretation of its interpretation in the daily lives of
millions of Islam today. The biggest challenge facing the
Kingdom is managing change in a country where the prevailing
social dynamic -- a fast-growing young population, rapid
urbanization and massive inflows of liquidity -- is coming
face to face with the conservative values within Saudi
society.
6. (C) 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, as per these mainstream media reports,
is no different. While King Abdullah's nascent plans for
judicial reform appear to be in the best interests of the
system, it will take much more awareness, training, and
public involvement before any major overhauls can be
successful. END COMMENT
GFOELLER
SIPDIS
DEPT PLEASE PASS TO NEA/ARP FOR RJACHIM/SRAMESH AND
DRL/NESCA FOR JLIEBERMAN
E.O. 12958: DECL: 05/07/2018
TAGS: PHUM PGOV SA
SUBJECT: OBSTACLES TO JUDICIAL REFORM
REF: RIYADH 002528
Classified By: Charge D'Affaires Michael Gfoeller for reasons
1.4 (b) and (d).
1. (C) SUMMARY: According to recent media reports, the
Judicial reform announced by Saudi King Abdullah al-Aziz in
October, 2007 may take a few years. Even though the changes
represent a significant shift for the Kingdom,s justice
system, the country faces a huge challenge in the face of
conservative values entrenched within Sharia Law. Also
according to recent editorials, many of the problems that
exist in regards to the current judicial system are both
qualitative and quantitative. Muslim scholars believe more
drastic measures need to be taken to achieve successful
reforms. END SUMMARY.
REFORMING THE JUDICIAL PROCESS
2. (C) Last October, King Abdullah 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 new courts (reftel). The new laws replace
regulations in effect for more than 30 years for the judicial
laws and 25 years for the Board of Grievances. Planned
changes include establishing special criminal courts and
family courts along with courts for issues related to
traffic, the economy, business, and sports.
3. (U) Currently, justice in the Kingdom is administered by
a system of religious courts, which rely heavily on the
interpretation of Sharia law. Justice 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 sentence for similar crimes.
4. (U) According to Arab News, the judicial system has often
been criticized for its failure to administer justice,
largely due to inadequate legal procedures, red tape and
rigid interpretation of Sharia law by some of the appointed
judges. In fact, early media reports after the King,s
announcement 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.
However, according to recent editorials, Muslim scholars
believe that additional measures need to be taken to achieve
successful reforms. "To reform the judiciary, we need to
reform the Sharia colleges first and upgrade the level of
these institutions," said Dr. Tarek Al-Suwaidan, a prominent
Muslim scholar. He added, "There should be more advanced
curriculum, and the teaching standards should be enhanced."
Institutions are criticized because of the poor quality of
education and poor academic standards. Students who enroll
in these colleges are usually the ones who graduate from
school with poor or average grades. Furthermore, their
studies are usually confined to subjects related to Islamic
Jurisprudence.
5. (U) Dr. Muhammed al-Eisia, Deputy President of the
Grievance Board, expressed his enthusiasm for the recent
reforms in a November 24 meeting with PolOffs. In his
opinion, the new reforms will strengthen the concept of an
independent judiciary. However, the inadequacy of current
judges and their lack of knowledge is the cause of many
grievances. According to Arab News, it is incumbent upon the
keepers of Sharia law to ensure the relevance of its
interpretation of its interpretation in the daily lives of
millions of Islam today. The biggest challenge facing the
Kingdom is managing change in a country where the prevailing
social dynamic -- a fast-growing young population, rapid
urbanization and massive inflows of liquidity -- is coming
face to face with the conservative values within Saudi
society.
6. (C) 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, as per these mainstream media reports,
is no different. While King Abdullah's nascent plans for
judicial reform appear to be in the best interests of the
system, it will take much more awareness, training, and
public involvement before any major overhauls can be
successful. END COMMENT
GFOELLER