Rob L. Wagner روب لستر واقنر

October 19, 2011

For Saudi Terror Suspects, a Legal Fog

By Rob L. Wagner

The Media Line

19 October 2011

Judges define terrorism on the fly, lawyers hesitate to defend them

The trials of suspected terrorists this month in Saudi Arabia bring good news and bad news. The good news is that accused extremists are getting their day in court after as long as five years of detention without trial. The bad news is that justice remains elusive.

Christoph Wilcke, the Saudi Arabia researcher for New York-based Human Rights Watch (HRW), told The Media Line that kingdom has improved its approach to bringing suspected terrorists to trial. But he says continuing “flawed” court proceedings may deny justice.

“There were two major shifts in late 2008 to mid-2009 when Saudi Arabia decided to move [defendants] to trial,” Wilcke says. “All of these guys were put on trial and some were let out of prison. And earlier this year they [the Saudi government] decided to open trials.”

Saudi authorities see the new wave of public trials a huge step towards legal transparency. HRW sees the deck stacked against the defendants.

Wilcke says that terror defendants lack competent legal representation, a clear-cut understanding of the charges against them and due process.

In Riyadh, 16 Saudis and one Yemeni are on trial in Specialist Penal Court on 97 charges of belonging to a terrorist cell with links to Al-Qaeda in Syria. Prosecutors allege the defendants, who the court does not identify, plotted attacks in Saudi Arabia to destroy oil wells. The cell also allegedly planned to assassinate a Shiite cleric in an effort to spark sectarian violence.

In a Jeddah court, a top member of the notorious Turki Al-Dandani extremist cell admitted to unspecified terrorism charges against him. The cell leader rejected an offer for a lawyer and asked for the death penalty in order to become a martyr. Saudi authorities say the Turki Al-Dandani cell is responsible for the bombings of three residential compounds in May 2003 that left 239 people dead and injured.

In a separate trial underway in Jeddah, seven men face charges of plotting bombing attacks against U.S. military installations in Kuwait and Qatar. They are also accused of operating a training camp near the Yemen border.

The current, public trials are in stark contrast to the largely secret proceedings held between 2003 and 2009. In those trials, 327 convicted terrorists received prison sentences of up to 30 years.

Saudi Arabia has garnered international praise for its counterterrorism efforts. Yet it appears the Saudi courts define terrorism much like the U.S. Supreme Court defines pornography: “I know it when I see it.” Wilcke says a fair trial is not possible when the crime of terrorism is not defined.

The international community has yet to agree on a criminal law definition of terrorism. United Nations members in 2005 rejected a panel’s recommendation that would establish parameters to define terrorism as an unlawful act. Consequently, Saudi terror defendants face a double whammy. There are no international laws available as a precedent and Saudi judges, instead of relying on codified law, make up the definition as they go through the proceedings.

“We find that people are convicted of rebellion on earth, which is a Qur’anic concept and not a definition of terrorism,” Wilcke says. “In Saudi Arabia, the judge defines the crime to fit the crime.”

A draft anti-terror law proposed earlier this year was sharply criticized by Amnesty International, which obtained and published a copy last July. The law defines “endangering… national unity” and “harming the reputation of the state or its position” as terrorist crimes and allows suspects to be held incommunicado for an indefinite period, if approved by a special court. It also calls for a minimum 10-year jail sentence for anyone questioning the integrity of the king or crown prince.

Since then, the kingdom has hinted that a revised law is in the works, although it hasn’t released any details. An activist told Reuters in August that the amended draft changes the offense to taking up arms against the king or crown prince or abandoning loyalty to them.

Meanwhile, the absence of codified laws has long plagued the Saudi judicial system, although the quasi-legislative Shura Council this year is nearing completion of a codified system. Domestic courts in particular have bedeviled Saudi women who must contend with tribal customs superseding sharia (Islamic law). Accused terrorists face vague charges of belonging to Al Qaeda or working with foreign agencies plotting against national security. Although specialized sharia legal assistance is essential for defendants to make their cases, the court’s inability to rely on written law tips the scales of justice in the government’s favor.

“It’s just the Saudi way of saying in essence, ‘trust me,’ ” Wilcke says.

Add to the mix the lack of legal representation and defendants are engulfed in a perfect storm of a flawed trial leading to flawed justice.

Wilcke expresses doubts that having a lawyer can even help. “Some lawyers in normal, non-political trials tell me that the judge can kick out a lawyer if he doesn’t like him,” he says. “It raises the question of whether lawyers are any good in trials.”

Indeed, attorneys have complained to HRW that Saudi courts sometimes pressure them not to represent defendants. Other lawyers have no qualms about not representing terrorism suspects.  Sultan bin Zahim, deputy head of the Saudi National Lawyers’ Association, told Al Watan newspaper that it’s “a national duty and a professional objective” not to defend accused terrorists because the “investigation and trial methods are very precise in terrorism cases.”

However, a Saudi lawyer, who asked not to be identified, told The Media Line the courts attempted to recruit him to represent a terror defendant but he turned it down because the legal fog surrounding cases. “I didn’t want the job because I never know what to expect when I go to court.”

International observers also have no access to trials. Wilcke says that since 2009 the Saudi government has banned his organization entirely from the kingdom. Requests for HRW to attend trials have gone unanswered, he said.

Although the inconsistent approach to dispensing justice rankles human rights activists, Saudi Arabia’s counterterrorism efforts have been generally successful. Saudi law authorities view the trials as a successful coda to ending the reign of terror wielded by Al Qaeda in the Arabian Peninsula from 2003 through 2006.

Maj. Gen. Mansour Al Turki, spokesman for the Saudi Ministry of Interior, told The Media Line there has been little extremist cell activity inside the kingdom since trials started earlier this year. In August, the Interior Ministry reported that 5,696 people remain held in militant cases. Nearly 5,100 of those individuals have appeared in court.

“We are continuing our efforts and really keeping a preventative stand to any more activity,” Al Turki says. “We have our police ready, but here is really nothing to react to for the time being.”

Al Turki adds that the “terrorism threat remains a major concern to prevent Al Qaeda from continuing terrorists crimes, but the group continues to keep a low profile in the kingdom. The success is due to Saudi Arabia’s “soft” rehabilitation program to de-radicalize militants. The program has only 10% recidivism rate due in part to a post-release monitoring system of freed prisoners. The move by Al Qaeda in the Arabian Peninsula to Yemen also has contributed a reduction in extremist activity in the country.

Copyright © 2011 The Media Line. All Rights Reserved.

 

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October 4, 2011

Tussle over a Textbook

By Rob L. Wagner

The Media Line

27 September 2011

New Saudi high school text prompts controversy with attacks on West and UN

A power struggle usually ends with winners and losers. If a new religious textbook critical of Western culture is any indication of who is winning the role of guardian of young minds in Saudi Arabia, then Islamic conservatives are the clear victors.

In what amounts to a rebuke of a scholarship program under the aegis of none other than King Abdullah himself that sends thousands of young Saudis to foreign universities, a new secondary school textbook called Hadith argues that Western culture exposes students to corruption.

“The conservatives have the upper hand and have made sure that it’s their voice that says what is permitted in Islam,” Ehsan Ahrari, a Middle East analyst based near Washington DC, told The Media Line  “The conservatives have the loudest voice in making a persuasive argument within the Saudi context. Saudi Arabia is truly concerned about modernization in its educational institution, but even the king doesn’t know how to deal with it.”

The publication of the book comes at a sensitive time for Saudi Arabia as it struggles to scrub its textbooks of derogatory language of other religions and cultures. The Ministry of Education has made progress to eliminate some passages, including controversial definitions of jihad.

More than 100,000 Saudis have obtained King Abdullah Foreign Scholarship to pursue studies in universities in professional fields such as medicine, computer science, engineering courses and administration and finance. About 30% study in the U.S., 15% in Britain, 11% in Canada and 8% in Australia. Only about 6% study in a Muslim country, Egypt. Saudi Arabia has the largest number of citizens studying aboard of any country in the world.

The textbook, which warns students of democratic countries’ attempts to Westernize Muslim countries by advancing the United Nations’ human rights agenda, has received little attention in the media, where restrictive laws passed in response to the Arab Spring. The Saudi government can levy fines and jail sentences for criticizing government institutions

As a result, few Saudis are willing to publicly criticize for the record the Ministry of Education. Religious conservatives, Ahrari says, are taking advantage of the chilling effect of those laws to broaden their power.

But the book has lit up the social media with complaints – mostly anonymous – that politics have no place in teaching hadith, sayings attributed the Prophet Muhammad.  The authors are accused of attempting to politicize Islam by slipping criticism of the West into religious texts just as students are preparing to enter foreign universities.

Saudis have also expressed bewilderment that the Ministry of Higher Education, which administers the scholarship program, and the Ministry of Education, which published Hadith, do not have a shared strategic education plan.

However, Hadith has brought renewed scrutiny to how the ministry vets textbooks that contain political opinion. The controversy also renews focus on how much influence Saudi conservatives wield at a time when Egypt’s Muslim Brotherhood and the Islamic Ennahda Party in Tunisia are also flexing their political muscle.

The textbook details the “risks” scholarship students face. “A lot of them [student] have returned laden with the spirit of the West, breathe with its lungs and think with its mentality,” the book states. “They echo their Orientalist teachers in their own land and spread their ideas and theories with deep belief, increasing enthusiasm and eloquence so they become a burden on their society.”

“The percentage of those who survive from this influence is a very little one,” the book’s authors say.

Another section in Hadith, entitled “Westernization,” targets the UN. The section characterizes the international organization as a tool for “dominating” Western powers to apply political pressure on Muslim countries to adopt more aggressive human rights legislation. The West, the textbook argues, uses “the United Nations, the Security Council and its different committees, on weak countries, especially the Islamic ones. This is done for the sake of westernization under slogans such as reform, democracy, pluralism, liberation and human rights, in particular those related to women and religious minorities.”

In fact, some of the views expressed in Hadith are widely held by Saudis.

Maha A., a 33-year-old Jeddah native and university student studying in Newcastle, England, says the UN entry in the book is legitimate. She points to the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as meddling in the Kingdom’s affairs and with sharia, or Islamic law. Saudi Arabia ratified CEDAW in 2000. “I have no problems with the way the United Nations is portrayed in the book,” she told The Media Line.

The schoolbook also warns of Western attempts to subvert Islamic culture by distributing “immorality” through the media. It considers the media tools to advocate western values.

Turki Al-Dakheel, a journalist and presenter on Al-Arabiya television, complained in a column in the Arabic-language daily Al-Watan that the textbook’s “extremist” portions are not consistent with the changes taking place in the international community and in Saudi society.

“The same educational institutes that send students abroad also criticize the scholarship [program],” Al-Dakheel argues. “We should take out the mentality of disagreement from our curriculum in order to protect our students from being politicized or being slaves to one single notion.”

Ahrari, the Washington-based analyst, told The Media Line that the book’s content is less a challenge to King Abdullah and more of “classic bureaucratic” infighting in the Ministry of Education

A Saudi Ministry of Education official, speaking on the condition of anonymity because of the sensitive nature of the textbook, agreed. He told The Media Line that there are two factions in the ministry struggling to implement their ideology: Western-educated liberals and Saudi-educated conservatives.

Many of the ministry’s decision-makers hold postgraduate degrees in education from the U.S. and Britain. These supervisors often square off with mid- and upper-level managers educated in Islamic studies from Imam Mohammed Bin Saud University in Riyadh and other Saudi universities.

“There is a great debate between conservatives and liberals. The conservatives are in the minority, but they are very active,” says the official, although he notes the ministry’s policy requires moderation in texts.

The infighting is so intense, he says, that the ministry recently began publishing school textbooks without authors’ names to prevent accusations of extremism. Yet the anonymously authored books have also led to the lack of accountability within the ministry’s ranks for authors failing to adhere to moderation guidelines.

One 22-year-old Riyadh student studying in Britain says there is little merit in warning scholarship holders of the dangers in the West.

“Saudi students are already asked to attend a two-week course on Western culture. The scholarship program selects the highest qualified students to go abroad. If a student is weak in religion and cultural values, he won’t be studious and he won’t be allowed in the program,” Muhammad A. told The Media Line.

But the student also says that human rights issues advocated by the UN are consistent with the pillars of sharia. “Sharia talks of human rights and it’s no different than the United Nations’ human rights. It’s compatible, and there are no negative effects on Saudi Arabia,” he says.

Copyright © 2011 The Media Line. All Rights Reserved

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