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HUMAN RIGHTS WATCH DEMANDS COURT TO CONSIDER RIZANA NAFEEK’S AGE AND FAIRNESS OF INVESTIGATION BY POLICE

By Walter Jayawardhana

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.”

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