[legal-professionals] Saudi Arabia: UN expert lauds legal reforms but urges more to ensure due process

SAUDI ARABIA: UN EXPERT LAUDS LEGAL REFORMS BUT URGES MORE TO ENSURE DUE 
PROCESS
New York, Oct 28 2002 11:00AM

Saudi Arabia is achieving progress in the legal arena, but more must be 
done to ensure the application of due process in the country, a United 
Nations expert said today following a weeklong mission to the country.

Speaking to reporters in Riyadh, the Special Rapporteur on the independence 
of judges and lawyers, Dato' Param Cumaraswamy, cited a number of positive 
developments, including plans by the Government to ratify key human rights 
treaties. The Saudi legal system is being reformed, including through the 
adoption of a new criminal procedure code on the rights of the accused 
which marks "an important step in the regulation of the administration of 
justice."

While noting that Saudi law provides an independent judiciary, the Special 
Rapporteur voiced concern about its application. "I have learned that there 
is some resistance on the part of some judges to the presence of lawyers in 
their courts due to a perception that they interfere with the ability of 
the judge to ensure that justice is done in a particular case," he said, 
adding that some prosecutors reportedly feel that lawyers interfere with 
their ability to investigate.

"There has not been a culture of legal representation in the courts, but 
this may soon be rectified," he observed, encouraging the Government to 
continue its efforts to regulate and improve the qualifications of lawyers 
without in any way impinging on their independence.

He expressed concern about a number of conditions, including the lack of 
compliance with certain international standards of due process, 
particularly with respect to the right of arrested or detained persons to 
be promptly brought before a court. "I am also concerned about the frequent 
reliance on confessional evidence before the courts to prove an offence," 
the expert said.

Noting that about half of all law graduates are women who often do not 
progress to the practice of law, he recommends that more women be 
encouraged seek admission to the legal profession and practice before the 
courts.

While in Saudi Arabia, Mr. Cumaraswamy met with numerous officials, 
including ministers, judges, prosecutors, lawyers, those involved in legal 
education and representatives of the prison service. He voiced appreciation 
to the Government for facilitating the mission, saying the authorities were 
"open to my questions and willing to share information concerning the 
operation of their judicial system."

The Special Rapporteur's full report will be presented to the UN Commission 
on Human Rights in March.