KHOBAR: The justice system is unable to cope with the growth of the Saudi population and the influx of foreign workers into the Kingdom. This situation, coupled with the shortage of learned judges and competent investigators, has caused delays and often flawed decisions, according to a leading human rights lawyer. “The rapid growth of the population and expansion of the national economy – giving rise to a diversity of activities and an increase in violations – needs a legal system that can cope,” said Dr. Bader Bin Al-Busaies recently. He said there has been a realization that an overhaul of the Kingdom's justice system is needed, but the move in that direction has been slow. This has particularly affected the adjudication of criminal and civil cases, often to the detriment of the parties involved. He cited the Kingdom's criminal law, which is not codified, as needing an urgent overhaul. “There is no codified criminal law in the Kingdom, (in particular the) citation of crimes committed and the corresponding penalties, although there is procedural practice in reaching judgments,” said Busaies. “Because criminal law is not codified, decisions are based on the spirit of the Qur'an (Islamic Law) and on precedents (previous court decisions). The problem of citing precedents is that judges have varying interpretations in deciding cases, so a judge from Riyadh may have a different interpretation of specific cases from judges in Dammam or Qassim,” said Busaies. “Our judges have wide discretion to issue rulings according to their own interpretation of Shariah law, and most have resisted the codification of laws, relying on precedents when making rulings,” Busaies pointed out. He said the shortage of judges often causes delays and lengthy legal proceedings. According to Busaies, the investigation of criminal cases often takes long because of the shortage of competent investigators. “Before a case is even concluded, the accused is jailed until proven innocent.” He said this is because of a lack of investigators in proportion to the number of citizens and expatriates. The increase in population and a surge in crimes means there is a backlog of cases to be investigated. He said the Bureau of Investigation and General Prosecution, the body tasked to conduct criminal investigations, has a shortage of staff. Overhauling the country's legal system requires a change in old attitudes. “For example, police [officers] must make sure they are doing the right thing, and not act only as employees to secure their jobs, but who have regard for human rights,” said Busaies.
