MOTION GRANTED: KING OVERHAULS SAUDI JUDICIARY

C O N F I D E N T I A L SECTION 01 OF 05 RIYADH 000361

SIPDIS

DEPARTMENT PASS TO NEA/ARP (HARRIS, BLONG),DRL/NESCA
(HICKEY)

E.O. 12958: DECL: 02/22/2019
TAGS: PGOV PHUM SA
SUBJECT: MOTION GRANTED: KING OVERHAULS SAUDI JUDICIARY

REF: A. 08 RIYADH 1780

B. 08 RIYADH 01615

C. 08 RIYADH 00731

D. 07 RIYADH 02051

Classified By: Political Counselor Lisa M. Carle
reasons 1.4 (b) and (d)

(C) KEY POINTS

-- King Abdallah's February 14 judicial appointments finally
began a judicial reform process ordered in 2007. The
ministerial reshuffle replaced key judicial officials whose
job descriptions also changed per the 2007 Law of the
Judiciary.

-- The 2007 law does more than restructure the judiciary. It
changes the function of the Ministry of Justice, redefines
the Supreme Judicial Council, and narrows the role of the
Board of Grievances.

-- With the advent of a Supreme Court, Saudi Arabia will now
have a system of judicial review. The Chief Justice of the
Supreme Court will oversee the newly created body that will
review cases, expanding on a function taken from the Supreme
Judicial Council (SJC).

-- The Supreme Court will have the power to confirm or
overturn cases, something the SJC could not do. Decisions
will be reached by majority vote.

-- The expanded jurisdiction of the Shari'a courts, divided
into five branches based on case type, is striking. Dispute
resolution now returns to the Shari'a court system, having
crept into the Board of Grievances in recent years. Finance,
banking and customs cases remain outside the Shari'a courts.

-- When the changes are implemented, the Board of Grievances
will return to its original purpose of handling cases against
the government.

-- Along with these changes, a restructuring of the Senior
Board of Ulama (religious scholars) expands the sources of
Islamic jurisprudence beyond the strict Hanbali school which
was the primary source mandated by King Abdalaziz at the
founding of the Saudi state.

-- New faces mark this group of appointees, who bring more of
a change in perspective than a change in ideology. The new
Minister of Justice participated in drafting the 2007 Law of
the Judiciary as a member of the Majlis Al-Shura.


(C) COMMENT: FAR REACHING STRUCTURAL REFORMS

-- The king's shake-up sent a clear message to the staid
judiciary: reform, or else. The king removed some inflexible
figures who had filibustered judicial modernization. The
changes will transform the Saudi judicial system by
implementing the 2007 Law of the Judiciary. Outgoing Justice
Minister Abdallah al-Sheikh recently said publicly that the
reform process will take 20 years. The king does not appear
inclined to wait.

-- Boldest among the appointments appears to be Mohammad
al-Issa as Minister of Justice. At nearly half the king's
age, al-Issa breaks a mold where seniority and decades of
experience have long been prerequisites for ministerial-level
positions.

--The removal of SJC head Saleh al-Luhaidan signified the
king's willingness to challenge the religious establishment.
Under al-Luhaidan's stewardship, the SJC frequently upheld
strict lower court verdicts based on a rigid interpretation
of Shari'a, putting the king in the position of correcting
egregious decisions via royal pardons, such as the case of
the Qatif girl who was sentenced to lashings after she was
raped for having been in the company of unrelated males. The
new Supreme Court, endowed with the ability to overturn
verdicts, could relieve some of this burden for the throne.

-- While the appointments are historic, the work ahead to
change the judiciary is immense. This will not be done by
flipping a switch, and a multi-year transition can be
expected. Nonetheless, Saudis across the spectrum appear
satisfied with the king's moves.


RIYADH 00000361 002 OF 005


-- The joke in Riyadh is that the time to have fun was under
King Saud, the time to go to jail was under King Faisal, the
time to get rich was under King Khaled, the time to go
bankrupt was under King Fahd, and the time to reform is under
King Abdallah. In other words, reform now while you have the
chance.

END KEY POINTS AND COMMENT


1. (C) INTRODUCTION: Saudi King Abdallah's February 14
reshuffle targeted the judicial and education sectors of
government. In addition to high-level position changes
across-the-board, several lower-level appointments signify a
deeper reach to mold the court system. The king did not
place his appointees in existing positions - rather, he made
appointments to positions in a future judicial structure. To
appreciate the appointments, one must first understand
Saudi's future legal system. The following description is
based on our interviews with a number of Saudi legal
specialists and reviews of the new laws, as well as an
excellent new study by a Saudi Harvard-educated lawyer, Dr.
Abdallah F. Ansary, "A Brief Overview of the Saudi Legal
System" published in July 2008, which can be found at
www.nyulawglobal.org/globalex/Saudi Arabia.htm.


--------------
CONTEXT: THE 2007 LAW OF THE JUDICIARY
--------------


2. (U) OVERVIEW: The sequence of events leading to this
week's announcements can be traced to 2001, when the Law of
Criminal Procedure was established by royal decree. The new
code prompted corresponding reform of the judiciary,
manifested in an April 2005 royal order. This order outlined
the basis for a restructured Saudi court system, eventually
fleshed out by the October 2007 Royal Decree establishing the
Law of the Judiciary. The 2007 decree established new laws
regulating both the judiciary and the Board of Grievances,
and budgeted 7 billion riyals (US $1.87 billion) for the
cause. Despite this, implementation sputtered between
October 2007 and February 2009.


3. (U) Of the numerous changes mandated by the 2007 Law of
the Judiciary, five stand apart and are brought nearer to
fruition by this month's appointments:


A. Restructured Shari'a court system

B. New Supreme/High Court

C. Sweeping redefinition of the SJC's role

D. Codified judicial independence and limits to
ministerial interference

E. Narrowed role of the Board of Grievances and
the administrative courts


A. THE NEW SHARI'A COURT STRUCTURE: The 2007 plan upends the
1975 Law of the Judiciary, which defined the 11-member SJC as
the kingdom's highest Shari'a court. The 2007 law
establishes the court hierarchy as follows:

-- One Supreme Court (AKA High Court)

-- Courts of Appeals: One per province

-- Courts of First Instance (AKA First-Degree Courts) with
five specializations:

(1) General
(2) Criminal
(3) Personal Status (divorce, family status, etc.)
(4) Commercial
(5) Labor

What changes does the 2007 law bring? First, it establishes
a Supreme Court. Second, the number of Appeals Courts
increases from two (in Riyadh and Medina) to at least 13 (one
or more per province). Third, the law reorganizes and
expands the reach of the lower-level Courts of First
Instance. Judicial leaders face the task of converting the
court system to reflect the 2007 law.


B. SUPREME COURT: The Supreme Court replaces the SJC as the
country's highest court authority. The Court's main purposes
are to: (1) ensure the proper interpretation and
implementation of Shari'a law, and (2) review, and sustain or
overturn, rulings from the Courts of Appeals. The second of
these formerly rested with the SJC. The Supreme Court Chief

RIYADH 00000361 003 OF 005


reports to the king and holds a seat on the SJC. The Chief
presides over a General Council, comprised of judges
assigned to the High Court. The Council establishes
precedents as well as principles for determining verdicts and
sentencing. The court decides cases by vote, with the
Chief's vote serving as the tiebreaker.


C. SUPREME JUDICIAL COUNCIL: The SJC relinquishes
responsibilities (such as case review) to the High Court, but
absorbs duties formerly with the Ministry of Justice. For
example, the SJC, fully part of the "judicial branch," takes
over the MoJ's function as administrator of the Shari'a court
system. New powers include the ability to establish and
abolish courts, define jurisdiction, and name judges for
Courts of Appeal and Courts of First Instance. The SJC
oversees judicial assignments, transfers, promotions,
reprimands and training - all formerly with the MoJ. The SJC
President continues to report directly to the king.


D. STRENGTHENED JUDICIAL INDEPENDENCE: The Law's architects
endeavored to further insulate the judiciary from outside
influence. Saudi ministries are similar in function to the
U.S. executive branch. The MoJ, represented on the Council
of Ministers, for years had significant influence in court
system administration and judicial assignments. Realizing
this conflict of interest, designers of the 2007 law
safeguarded judicial independence by taking court supervision
away from the MoJ. For example, the MoJ no longer influences
a judge's assignment, transfer, or promotion - the SJC
assumes responsibility for such actions. Also previously,
the MoJ held the ability to reprimand a judge. Not anymore.
The 2007 law's Section 5 dictates that the SJC is the only
body allowed to discipline a judge. The MoJ focuses on
administration, modernizing the judiciary and ensuring that
it functions effectively and efficiently.


E. BOARD OF GRIEVANCES: The 1982 Law of the Board of
Grievances (BoG) established the independent judicial body of
the same name. Completely separate from the Shari'a courts,
the BoG hears claims against the government, but its
jurisdiction had grown to encompass commercial and other
dispute resolution cases. The 2007 changes included a Law of
the Board of Grievances alongside the Law of the Judiciary.
The Shari'a Courts of First Instance assume cases that had
migrated to the Board's jurisdiction. Thus, the Board's
responsibilities will narrow, more in keeping with the
original intent. The Board's structure parallels that of the
Shari'a court system:

-- Supreme Administrative Court
-- Administrative Court of Appeals
-- Administrative Courts

The 2007 law establishes a separate Administrative Judicial
Council (AJC). The function of the AJC mirrors that of the
SJC, except that it administers the Board of Grievances and
affiliated administrative courts. Similar to the High Court,
the Supreme Administrative Court has a chief and a General
Council who decide rulings by majority vote. A Board of
Grievances president oversees both the Supreme Administrative
Court and the AJC. This position, an extra line in the
hierarchy, represents structural difference from the Shari'a
courts.

-------------- --
BOARD OF SENIOR ULAMA - BASIS FOR LEGAL OPINION
-------------- --


4. (U) SAUDI LEGAL FOUNDATIONS: Much as the constitution is
the foundation for the U.S. legal code, the Saudi legal
system is built upon three key sources: the Qur'an, the
Sunnah (teachings of the Prophet),and the fiqh (consensus of
opinion of Islamic scholars, also referred to as Islamic
jurisprudence). For centuries, Islamic scholars have
developed the fiqh, which guides judges in rulings not
specifically proscribed in the Qur'an. In Saudi Arabia, the
Board of Senior Ulama (religious scholars) oversees research
of Islam for legal purposes. This research is the basis for
Saudi laws and for the issuance of fatwas. The Grand Mufti
heads the Board.


5. (SBU) FOUR SCHOOLS OF SUNNI ISLAM: Not surprisingly, the
fiqh is subject to interpretation. Sunni Islamic scholars
follow one of four schools: Hanbali, Maliki, Hanafi and
Shafi'i. Saudi leaders, in 1928, decided to followed the
Hanbali school, which was preferred practice in the Nejd,
principally for ideological reasons, though they claimed they

RIYADH 00000361 004 OF 005


preferred its clarity. (Comment: Other schools have been
followed, in small pockets, in the Western Hijaz region and
in the Eastern Province. End comment.) Thus, the Hanbali
school has been the basis of Saudi Arabia's Shari'a court
system since the country's beginnings. The Board of Senior
Ulama traditionally have been Hanbali specialists, with
nearly two-thirds emanating from the same town in Qassim (the
central Saudi/Wahhabi heartland).


6. (SBU) A LANDMARK SHIFT: A separate February 14 decree
reorganizes the Board of Senior Ulama, fixing membership at
21 and incorporating scholars from all four Sunni schools of
thought. This will impact the judiciary by broadening the
available interpretations of Shari'a law. It will also be
seen as a move to recognize sects outside the Nedj, and to
transform the Board into a national body. (Comment: it will
be some time, however, before the Shi'a are invited to
participate. End comment.)

--------------
FEBRUARY 14 APPOINTMENTS
--------------


7. (C) NEED FOR A JUMPSTART: Despite the king's support and
generous funding, his reform plan progressed little since

2007. The public has grown increasingly dissatisfied with
backlogged courts and widely divergent rulings. The system
deters investors, who find the judiciary opaque. Outdated
administrative procedures and inadequate judicial training
remain problems in a system employing fewer than 800 judges
despite serving a population of over 27 million.


8. (C) ASSESSING THE NEWCOMERS: In light of a transforming
judiciary and opening interpretation of Shari'a, the new
judicial leaders appear fit for the task. They bring
reputations as moderate, open-minded reformers, but not as
liberals. The king appointed five leaders to positions in
the future judicial structure as outlined in the 2007 law.
Dissecting the impact of the February 14 appointments
warrants a position-by-position look.


9. (C) SUPREME JUDICIAL COUNCIL: Few mourn and many applaud
the departure of outgoing Supreme Judicial Council (SJC)
President Saleh al-Luhaidan. Broadly viewed as an obstacle
to reform, al-Luhaidan's ill-considered remarks embarrassed
the kingdom on more than one occasion (Reftel B).
Al-Luhaidan remains on the Board of Senior Religious Scholars
(Ulama),a prominent but less influential role. The incoming
SJC president, Saleh bin Humaid, recently earned his
reformist stripes by speaking out in support of the king's
Interfaith Dialogue Initiative (Reftel A) -- one of the few
members of the religious establishment to publicly do so.
Bin Humaid moves from his position as Shoura Council
Chairman. His religious bona fides are beyond question: bin
Humaid has been an Imam at the Holy Mosque in Mecca since
1983, as was his father before him. Bin Humaid has
periodically hosted USG contacts, including DRL visitors in
2007 (Reftel D) and as recently as February 15 when he met a
twenty-member congressional staffdel.


10. (C) MINISTRY OF JUSTICE: The conservative Ministry of
Justice (MoJ) has been something of a family business for the
al-Sheikh family, direct descendants of Mohammad ibn
Abd-al-Wahhab. Sheikh Abdallah bin Mohammad al-Sheikh
departs after 14 years as justice minister, moving laterally
to chair the Shoura Council. Forty-four-year-old Sheikh Dr.
Mohammad bin Abdalkarim bin Abdalaziz al-Issa replaces
al-Sheikh. Dr. al-Issa moves from the Grievance Board, where
he rose through the ranks to become a judge and, in 2007,
Deputy Minister. He possesses an impeccable background in
Shari'a law. He acquired a Ph.D. in Islamic Jurisprudence
(fiqh) from Imam University in Riyadh, where he also obtained
his Bachelors and Masters degrees. Early in his career he
worked as a researcher for the Board of Senior Ulama. When
it comes to modernizing the courts, al-Issa is the ultimate
insider. He worked on the 2001 Law of Criminal Procedure
(para 2) and served on a Council of Ministers Expert
Committee that studied judicial reform. Later, he helped
formulate the 2007 Law of the Judiciary. Little surprise
that in a November 2007 meeting with USG officials, al-Issa
expressed enthusiasm for the king's reform plans, stating
that they will strengthen the concept of an independent
judiciary (Reftel C). Now at the MoJ's helm, he has the
difficult task of implementing the reforms he helped design.


11. (SBU) CHIEF OF THE SUPREME COURT: Sheikh Abdalrahman bin
Abdalaziz al-Kelya accepts the role as chief justice of the

RIYADH 00000361 005 OF 005


Supreme Court (AKA High Court) for the Shari'a, or regular,
court system. A separate decree appointed nine members to
the Supreme Court. Al-Kelya brings experience to the job: he
has four decades in the Saudi court system.


12. (C) BOARD OF GRIEVANCES: Sheikh Mohammad Abdallah bin
Mohammad al-Amin al-Shanqiti departs the Board of Grievances
(BoG),which handles claims against the Saudi government.
Reportedly, he had heart surgery within the past two years
and had asked to be relieved of his post. BoG Deputy Chief
Mohammad al-Issa moves over and up to lead the MoJ. Sheikh
Ibrahim bin Shayie bin Abdallah al-Haqil replaces al-Shanqiti
as President of the Board of Grievances. He comes from
within the BoG, where, most recently, he headed the
commercial division. Sheikh Ali bin Abdalrahman bin
Abdalaziz al-Hammad replaces al-Issa as BoG Deputy Chief.
Meanwhile, Sheikh Mohammad bin Fahd bin Saad al-Dossari
becomes chief judge of the kingdom's first Supreme
Administrative Court. A separate decree appointed seven
judges to join him on this court. Both the Grievance Board
president and chief justice of the Supreme Administrative
Council carry the rank of minister, though the latter reports
to the former.
FRAKER