RIZANA UPDATE 073107

Deputy Minister of Foreign Affairs, Hussein A. Bhaila with Rizana’s parents

Here are two updates from Asian Tribune. Ther is still hope for Rizana, but asking the Saudi barbarians to show compassion is like asking a jackal to show mercy. The only thing that might save Rizana will be a global outcry against the Saudis.
Human Rights Watch demands court to consider Rizana Nafeek’s age and fairness of investigation by police

Wed, 2007-08-01 02:58
By Walter Jayawardhana
New York, 01 August, (Asiantribune.com): The New York based Human Rights Watch demanded that the Appeals Court investigating into the death sentence of the Sri Lankan maid Rizana Nafeek should consider not only the fact that the alleged crime occurred at a time when she was a child of 17 but also the fairness of the original investigation into the allegations against her .
“This case raises many troubling questions about the treatment of children and foreigners in Saudi Arabia’s criminal justice system,” said Nisha Varia, senior researcher in the Women’s Rights Division of Human Rights Watch in a statement issued July 30 in New York.
The human rights organization demanded that for those who cannot afford lawyers the Saudi Arabian government should start providing lawyers in criminal cases like in other countries.
The Human Rights group was commenting on last month‘s verdict, on a Shari’a court in Dawadmi, Saudi Arabia, that sentenced to death Nafeek, 19, ruling that she had murdered an infant in her care in 2005. The Sri Lanka embassy on behalf of Nafeek filed an appeal last week opposing the sentence. “International law prohibits the death penalty for crimes committed before the age of 18”, the statement said.
Apart from the accused being a child, the Human Rights Watch said, it was demanding the Appeals Court , “ review her access to lawyers and translators during the interrogation and trial, and examine the conditions under which she made a confession.” In this case Rizana has alleged that she made the confession under duress. Such confessions have become commonplace in Saudi Arabian criminal investigations, according to other human rights organizations.
The New York based organization said, Human Rights Watch’s research in Saudi Arabia and Sri Lanka in late 2006 found that migrant workers are often unfamiliar with immigration regulations, and labor recruiters routinely falsify workers’ passports in order to meet age requirements for jobs abroad.
Although Saudi Arabia was party to an international convention that prohibits death sentences on children, the Human Rights Watch warned: “Saudi Arabia is a state party to the Convention on the Rights of the Child (CRC), which expressly prohibits the death penalty or life sentences without parole for offenses committed before the accused turned 18. Nevertheless, Saudi law gives judges wide discretion to treat children as adults in criminal cases, and courts have imposed death sentences on children as young as 13. Individuals charged with a capital offense rarely have access to lawyers during interrogation and trial, and often do not even receive a copy of the verdict.”
“By imposing the death sentence on Nafeek, who was 17 when the baby in her care died, Saudi Arabia flouts clear and specific human rights obligations,” said Varia.
Human Rights Watch also urged the government of Sri Lanka to provide stronger protections to its workers abroad. There are approximately 8 million migrant workers in Saudi Arabia, including 400,000 to 500,000 workers from Sri Lanka. Those facing criminal charges often have poor access to translators, legal assistance, and information about their cases. Nafeek, first arrested in 2005, did not have access to legal counsel until after the court sentenced her to death in 2007.
Sri Lankan embassies have begun to provide support services for migrant workers who have either faced workplace abuse or been accused of crimes, but these remain grossly inadequate compared to the demand, said the statement. “The Sri Lankan government should ensure provision of timely legal aid to its nationals facing criminal complaints, and legal aid, shelter and other assistance to nationals who have suffered abuse. The government of Saudi Arabia should provide legal assistance free of charge to criminal defendants who cannot afford to hire a lawyer.”
The statement was concluded by saying, “Human Rights Watch opposes the death penalty in all circumstances because of its inherent cruelty and its finality. Given the possibility of mistakes in any criminal justice system, innocent persons may be executed. In 2007, Saudi Arabia has executed more than 100 persons.”

SECOND UPDATE:

Lawyers hopeful of saving teenage housemaid in Saudi Arabia
Tue, 2007-07-31 05:02
Colombo, 31 July, (Asiantribune.com): In a press release the Sri Lankan Ministry of Foreign Affairs states that the Saudi lawyers handling the case of teenage housemaid, Rizana Nafeek, sentenced to beheading, are hopeful of getting a pardon. The process of granting pardon on humanitarian appeal and the legal proceedings would take a longer period according to the Saudi legal system. The Ministry states that it would continue its efforts on the matter, until it is resolved.

On his return from Saudi Arabia Deputy Minister of Foreign Affairs, Hussein A. Bhaila briefed the Foreign Minister, Rohitha Bogollagama, on the results of the mission to save the teenager sentenced to death by a Saudi Sharia Court in Dawadmi on charges of murdering .a four-month-old baby.,
The Deputy Minister was accompanied by Mr. I. Ansar, Director General/Middle East & Africa Division of the foreign Ministry and Moulavi M.B.M. Zarook, representative of Jamiathul Ulama Council and the parents of Ms. Rizana Nafeek.
The delegation met the Acting Governor of Dawadmi, Chief of Police of Dawadmi, Chief of Investigation Unit of Dawadmi Police, and the Area Chief of the Othaibi clan and discussed with them on the current status of the case and sought their assistance to obtain pardon for Ms. Rizana Nafeek from the victim’s parents.
The Dawadmi Acting Governor and the Tribal Leader of Othaibi clan have assured that they will talk to the members of their clan and the family members of the sponsor Mr. Naif Jhisyan Al Otaibi and convince them to grant pardon, once the formal clearance is granted by the Saudi Foreign Ministry, for their involvement.
The Deputy Minister also met the Vice Minister for Consular Affairs of the Saudi Foreign Ministry Mohammed Abdul Rahman Salloum and handed over the formal request from the Government of Sri Lanka to the Saudi Government and a personal letter addressed to Prince Saud Al Faizal, Minister of Foreign Affairs of Saudi Arabia from Foreign Minister Rohitha Bogollagama, requesting pardon for Ms. Rizana Nafeek and for their intervention in seeking pardon from the parents of the deceased infant.
The meeting was attended by the senior Saudi Foreign Ministry officials, Mr. Musthafa Kauzer, Director General of Asia Department and Mr. Saleh Al Sarhan, Director General of Legal Department of the Saudi Foreign Ministry. The Saudi Assistant Minister assured that he will bring it to the notice of the Saudi Foreign Minister and to the Governorate of Riyadh and provide all assistance in this regard.
In addition, a personal request was made by Deputy Minister Hussein A. Bhaila to the Governor of Riyadh, Prince Salman bin Abdul Aziz, who has already accepted the invitation extended by Minister of Foreign Affairs to visit Sri Lanka, to seek his intervention, through the Ministry of Foreign Affairs of Saudi Arabia.
The Deputy Minister and the delegation also met Islamic Scholars and academics including Secretary-General of World Muslim League, Deputy Minister of Hajj & Umra Affairs, and Chairman of the Saudi Fund for Development. The delegation also met Mr. Saad Al Baddah, Chairman of Saudi National Recruitment Committee and Mr. Waleen Suwaidan, former Chairman of the Saudi National Recruitment Committee and discussed with them on the issue.
The Deputy Minister had a meeting with the Saudi Lawyer, Mr. Al Shammeri who has been retained by the Embassy to appear on behalf of Ms. Rizana in her appeal case. The lawyers have confirmed that they are confident in securing her release on legal grounds as well.
The Ministry of Foreign Affairs has been working closely with the Embassy of Sri Lanka in Riyadh and the Saudi Embassy in Colombo and through the Government and private channels to seek pardon for Ms. Rizana Nafeek, while challenging it legally in the Court of Appeal under Saudi laws.
Bogallagama has directed the Ministry to continue the efforts through Government channels, while following legal process and to take every step that would help secure Ms. Nafeek’s release.
The Deputy Minister arranged for the parents of Ms. Rizana Nafeek to visit her at Dawadmi Prison twice during their stay in Riyadh and has arranged for regular consular visits to see her.