Commentary on the Saudi Judiciary System: A Critical Analysis by Dr. Badr bin Saud

2024-03-15 08:57:37

Al-Marsad newspaper: The writer, Dr. Badr bin Saud, commented on the person being appointed as a judge after graduating at the age of twenty-one, and training with a senior judge for 3 years.

Sovereign decisions

Badr bin Saud said, in an article entitled “Judges aged twenty” published in Al-Riyadh newspaper: On the first of Ramadan, corresponding to March 11, the new organization for the controls for stopping services began, which was implemented by the Saudi enforcement judiciary, along with some Government agencies such as traffic, police, civil affairs, etc. This was preceded a few days ago by a controversy over Article 46 of the Implementation System and that the Council of Ministers’ decision includes it. This is an incorrect conclusion, because sovereign decisions, especially the Royal and Judicial Orders, are only revoked by a decision of the same level as them, and the implementation procedures have been completed. Reducing it and restricting it to matters of a financial nature took place years ago, and the Ministry of Justice stated this at the time.

Execution judiciary

He added: When she said that the travel ban is approved according to the facts and the situation, while not allowing the imprisonment of those aged 60 years and above, or those whose debt is less than one million riyals, or the equivalent of 267 thousand dollars, and considering harming everything related to treatment, education, work and similar matters to be a red line and not It can be bypassed, and therefore what happened recently is related to government agencies, specifically those that were practicing stopping services outside the enforcement jurisdiction, which leads to depriving the person and his dependents of basic services. Perhaps what is most surprising is the end of the period for lifting the suspensions of government agencies, and there are still more than 157 thousand And 200 suspensions were not lifted.

Unified services

He continued: The government apparatus, in the current circumstances, cannot stop services based on its own assessments, and it must submit a request to the unified services stop platform, which in its structure includes representatives of 13 governmental and private institutions, including the Human Rights Commission, and it has a committee that considers and evaluates the requests, and in the event of Accepting it, you notify the person whose service will be suspended, and give him a period to act. The suspension comes in three stages: light, medium, and high in its impact, with a period of one month for each stage. In addition, the suspension is restricted to the person against whom it is perpetrated, and does not extend beyond his shared work with others, or to his family and children. Which distances it from the narrative of the Merchant of Venice, in William Shakespeare’s well-known novel, in which the merchant (Shylock) stipulates that one of his debtors must cut his debt from his own flesh if he does not pay.

Social events

He added: People get themselves into debt for formal reasons. A study in 2014 conducted by the government Money Helper Foundation in Britain, on three thousand adults of both sexes, confirmed that 56% of them spend larger sums than they expected when they are present at social events, and this happens. This is because they sit with others who are embarrassed by their negative outlook, and the American Stanford Research Institute noted that 70% of Americans practice the same behaviors for the same reasons, just as is the case in marriage celebrations and large events in Saudi society, which end in debts that haunt the person for years, and may stop his services. Because of it, the American Journal of Epidemiology published research in 2020, which found that people who suffer from financial problems due to debt are twenty times more likely to commit suicide, when compared to those who do not have economic pressures.

Major crimes

He continued: The leaders of the Ministry of Justice have done great and commendable work, but the problem is some of the young judges, and the administrators and clerks who work with them, and (Nazaha) seized a sample of these in previous periods. It is unreasonable for a person to graduate at the age of twenty-one, and then become… He becomes a judge after training with a senior judge for three years. The current judges’ ages start at the age of 24. On the other hand, we find that the investigating officer in the Saudi police force, before the establishment of the Public Prosecution and the Public Prosecution, is not assigned to investigate major and sensitive crimes, except after significant experience. He is less than ten years old, meaning that his age is around 30 years, and what he is doing is not as dangerous as an error in judicial rulings, and what it may entail in terms of victory for the oppressor, the manipulator, and the abuser in using his right.

Transparency and accountability

He concluded: In addition to the fact that some judges leave their fingerprints on what the clerks prepare, these are in fact the ones who sometimes issue rulings, and the employees of the Central Bank make serious mistakes. I know of an incident in which (Simah) reported that there were no amounts in one of them’s account, even though they were present and reserved, and were not removed. Stopping services from him except after deliberations that lasted for six months. What is more difficult is that the travel ban is done automatically and for everyone, and has nothing to do with the facts and their nature, and the required amount is equal to the amount of ten thousand or twenty million. I know people whose end-of-service benefits were confiscated by the bank, even though Rewards are from money that is prohibited by law, and some wealthy people whose services are suspended transfer their money to their families or friends at home, before the suspension procedures are completed, with the knowledge and knowledge of those around them, or they send it to safe havens abroad. These observations and others require intensive investigations, careful legislative review, and regional cooperation. And international, especially since we are in an era of transparency and accountability that does not exclude anyone.

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