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Which Saudi Arabia Court Reviews All Death Amputation or Stoning Sentences?

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Overview of the use of death sentence in Saudi arabia

Capital punishment is a legal penalisation in Saudi Arabia. Decease sentences are well-nigh exclusively based on the system of judicial sentencing discretion (tazir), following the classical principle of avoiding Sharia-prescribed (hudud) penalties when possible.[1] In contempo decades, the regime and the courts take increasingly issued these sentences, reacting to a rise in violent offense during the 1970s. This paralleled similar developments in the U.S. and Mainland Communist china in the tardily 20th century.[i]

The state executed at to the lowest degree 158 people in 2015,[2] at least 154 in 2016,[three] at least 146 in 2017,[four] 149 in 2018,[v] 184 in 2019,[six] and 27 in 2020. The drastic reduction in 2020 was due to a moratorium on death penalties for drug-related offenses[7] as Saudi Arabia proposed ending the capital punishment for these and other irenic offences.[viii] [9] Additionally, on 26 April 2020, a purple decree concluded the execution of people who were juveniles when they committed their crime.[10] [11] (Saudi Arabia had previously executed these people despite having signed the Convention on the Rights of the Child.)[12] Nonetheless, in that location were 67 executions in 2021, more than doubling the previous year's, according to the European Saudi Organisation for Human Rights. In January 2022, at least 43 detainees, including 12 minors, were threatened with execution.[13] On March 12, 2022, Saudi Arabia executed 81 persons, seven of whom were Yemenis and one of whom was a Syrian,[14] mark the "largest known mass execution" performed in modern history of Saudi Arabia.[fifteen]

Method [edit]

Saudi arabia has a criminal justice organization based on a class of Shari'ah reflecting a particular state-sanctioned interpretation of Islam.

Execution is usually carried out by beheading with a sword but may occasionally be performed by shooting.[16] Saudi Arabia performs public executions. Sentences are primarily given on confession. Man Rights Watch says the bulk of people are tortured to obtain confession and courts accept non investigated it.[ commendation needed ] Every bit of April 2020, minors who commit crimes will no longer face execution when they plow xviii, and would instead face a maximum of 10 years in juvenile detention facility.[11]

A 2018 report past the European Saudi Organization for Man Rights (ESOHR) asserts that the number of beheadings in the kingdom during the beginning quarter of 2018 rose by over seventy percent compared to the same menstruation in 2017.[17]

A public beheading volition typically accept place around 9 a.grand. The bedevilled person is walked to a courtyard near the courthouse and kneels in forepart of the executioner. A police official announces the crimes committed by the person and the beheading takes place. The executioner uses a sword known equally a sulthan to remove the condemned person's caput from his or her body at the neck.[18] After a medical examiner inspects the torso and and then pronounces the captive dead, a police official announces the crimes committed by the beheaded convict once over again and the process is complete. Professional executioners have beheaded as many as 10 people in a unmarried day.[nineteen]

Crucifixion of the beheaded body is sometimes ordered in cases where the person was a child molester or a rapist.[20] For example, in 2009, the Saudi Gazette reported that "an Abha court had sentenced the leader of an armed gang to death and three-solar day crucifixion (public displaying of the beheaded torso) and six other gang members to beheading for their role in jewelry store robberies in Asir."[21] (This practice resembles gibbeting, in which the entire trunk is displayed.)

In 2003, Muhammad Saad al-Beshi, whom the BBC described every bit "Kingdom of saudi arabia's leading executioner", gave a rare interview to Arab News.[22] He described his first execution in 1998: "The criminal was tied and blindfolded. With i stroke of the sword I severed his head. It rolled metres abroad... People are amazed how fast [the sword] can separate the caput from the body."[22] He also said that, before an execution, he visits the victim'south family to seek forgiveness for the criminal, which can lead to the criminal's life beingness spared.[22] Once an execution goes ahead, his only chat with the prisoner is to tell him or her to recite the Muslim proclamation of belief, the Shahada.[22] "When they go to the execution area, their force drains away. Then I read the execution order, and at a point I cutting the prisoner's head off," he said.[22]

Capital offences [edit]

Deera Square, key Riyadh. Known locally as "Chop-chop square", it is the location of public beheadings.[23]

Saudi law theoretically allows the death penalty for a variety of crimes:

  • Apostasy[24]
  • Treason
  • Homosexuality[25]
  • Espionage[26]
  • Murder[22]
  • Rape[22]
  • Terrorism[27]
  • Drug smuggling
  • Armed robbery[22]
  • Irreverence[22]
  • Burglary if aggravated circumstances, including recidivism[26]
  • Adultery (unmarried adulterers tin can be sentenced to 100 lashes, married ones can be sentenced to stoning.)[28] [ cocky-published source? ]
  • Sorcery or witchcraft[20] [29] [30] [31]
  • Waging war on God[32] [33]

Murder [edit]

Murder is punishable by death in Saudi arabia. If a murderer pays a family of the victim blood money, and the family approves of the choice, the murderer will non be executed. The criminal justice organisation waits until the family makes a decision on whether the family of the victim will accept blood money[34] or if the family of the victim volition choose to have the murderer executed, or to completely forgive the perpetrator.

Other offences [edit]

Sharia background [edit]

The Saudi judiciary tin can impose the capital punishment according to 3 categories of criminal offence in Sharia law:[35]

  • Hudud: Fixed punishments for specific crimes.[35] Hudud crimes which tin can result in the decease penalty include apostasy, adultery, and sodomy although requirement of bear witness is loftier and is unremarkably based on confession.[36] Punishment for infidelity and sodomy is stoning. No stoning has taken place in last decade.[37]
  • Qisas: Center-for-an-eye retaliatory punishments.[35] Qisas crimes include murder.[35] Families of someone murdered can choose betwixt demanding the death punishment or granting clemency in return for a payment of diyya, or blood money, by the perpetrator.[38] A trend has adult of exorbitant claret-money demands: a recent report mentions a sum of $11 meg demanded in commutation for clemency.[38]
  • Tazir: A general category, including crimes defined by national regulations, some of which can exist punished past expiry, such as drug trafficking.[35]

A conviction requires proof in ane of 3 ways:[39]

  1. An uncoerced confession.[39]
  2. The testimony of ii male witnesses can consequence in confidence. This excludes "hudud crimes", in which case a confession is also required.[39]
  3. An affirmation or denial by oath can be required.[39]

Giving an oath is taken specially seriously in a religious society such as Saudi Arabia'due south,[39] and a refusal to take an oath will be taken every bit an access of guilt resulting in confidence.[40]

Infidelity [edit]

In guild for an individual to be convicted in a Saudi sharia law court of adultery, he/she must confess to the human activity 4 times in front of the court; otherwise 4 pious male Muslims or two pious men and 2 women who witnessed the actual sexual penetration must testify in forepart of the courtroom. If the witnesses were spying on the defendants or intentionally watched the defendants commit infidelity, their uprightness would be called into question and a conviction for adultery would not have place.[ commendation needed ] Co-ordinate to the Islamic sharia law, the brunt of proof is on the accuser; and if but one of those witnesses retracted his/her testimony then the accused volition be acquitted and the remaining witnesses will be prosecuted for perjury Quran 24:4.

The execution method for adultery committed by married men and women is stoning (see Upper-case letter offences). If the conviction was established through confession, a retraction of the confession or the defendant leaving the pit while stoning is taking identify results in the penalty being stayed. If the conviction was established through the testimony of four witnesses, the witnesses must initiate the stoning, and failure to do so results in the execution beingness stayed.[41] Sandra Mackey, writer of The Saudis: Inside the Desert Kingdom, stated in 1987 that in Saudi arabia, "unlike the tribal rights of a father to put to expiry a daughter who has violated her chastity, death sentences under Qur'anic constabulary [for adultery] are extremely rare."[42] Mackey explained that "[c]harges of infidelity are never fabricated lightly. Since the penalty is and so severe, women are protected from unfounded accusations of sexual misconduct".[42] During a human being rights dialogue with European jurists that took place several years before 1987, a Saudi delegate acknowledged that it is hard to take a person convicted of adultery.[42] According to Mackey, in a 20-twelvemonth menstruum ending in 1987, 1 woman "is best-selling to" accept been executed by stoning for adultery.[42]

Princess Misha'al was shot several times in the head for adultery in 1977;[43] investigation revealed she never faced a trial and was executed extrajudicially; scholars have termed her execution as honor killing.[44]

Witchcraft [edit]

Muree bin Ali bin Issa al-Asiri, who was found in possession of talismans, was executed in the southern Najran province in June 2012. A Saudi woman, Amina bin Salem Nasser,[45] was executed for being convicted of practising sorcery and witchcraft in Dec 2011 in Al Jawf Region, and a Sudanese human (Abdul Hamid Bin Hussain Bin Moustafa al-Fakki) was executed in a car park in Medina for the same reason in 20 September 2011.[46] [47] In 2014, Mohammed bin Bakr al-Alawi was beheaded on five August for allegedly practicing black magic and sorcery.[48]

Mass executions [edit]

2016 [edit]

On two January 2016, the Kingdom of Kingdom of saudi arabia carried out a mass execution of 47 imprisoned civilians convicted for terrorism in 12 different provinces.[49] Forty-three were beheaded and four were executed by firing squads. Among the 47 people killed was Shia Sheikh Nimr al-Nimr.[50] The execution was the largest carried out in the kingdom since 1980.[51]

2019 [edit]

On 23 April 2019, the Saudi Interior Ministry stated that the Kingdom carried out a mass execution of 37 imprisoned civilians[52] who had been convicted, mostly on the basis of confessions obtained under torture or written by the accused's torturers,[53] [54] for terrorism-related allegations in 6 provinces in the country.[55] [56] Fourteen of the people executed had been convicted in relation to their participation in the 2011–12 Saudi Arabian protests in Qatif, mostly on the basis of torture-induced confessions.[54] [57] The executions were carried out by beheading,[56] [58] and two of the bodies were publicly hung from a pole.[59] [56] According to Saudi Arabia'south Interior Ministry the convicts were all Saudi nationals.[ commendation needed ] Xxx two of those executed belonged to the country's Shia minority.[threescore] One of the xxx-two, Abdul Kareem Al Hawaj, was 16 years old at the time of his alleged law-breaking; executions for crimes committed by those under xviii are violations of international police.[61] According to Reprieve, two others were also under 18 at the time of their alleged crimes, Mujtaba al-Sweikat and Salman Qureish.[62] The bodies of at to the lowest degree 33 out of these 37 people executed were not handed back to their respective families. The Saudi government did non publicly explain why, and had not handed back the corpses of those executed as of 8 April 2020.[63] It is thought that they fear information technology would lead to protest by their Shia minority.

2022 [edit]

In March 2022, Saudi arabia executed 81 people, transcending the 67 people executed in 2021. The men executed which included 37 Saudi nationals, some Yemenis and Syrians, were allegedly convicted of several criminal offenses such every bit the murder of innocent men, women, and children, as per the official statement issued. Rights groups accused the government of imposing restrictive laws against religious expression and political views and criticized its use of the death penalty, including those arrested equally minors, and cited the execution equally a violation of human rights. However, the government of Kingdom of saudi arabia denied the accusations of man rights abuse and claimed that the said laws were imposed to protect its national security.[64]

Criticism [edit]

The use of public beheading as the method of capital punishment and the number of executions accept attracted strong international criticism.[65] Several executions, specially of foreign workers, have sparked international outcries.

In June 2011, Ruyati binti Satubi, an Indonesian maid, was beheaded for killing her employer'south wife, reportedly afterward years of abuse.[66] [67] Her execution drew extensive criticism from Indonesian press, government and homo rights groups.[68]

In September 2011, a Sudanese migrant worker was beheaded for sorcery,[69] an execution which Amnesty International condemned as "appalling".[70] Amnesty International said that Saudi Arabia doesn't have a formal law on Sorcery but some bourgeois clerics phone call for strictest penalty possible.

In January 2013, a Sri Lankan maid named Rizana Nafeek was beheaded after she was convicted of murdering a child nether her intendance, an consequence which she attributed to the baby's choking. The execution drew international condemnation of the government's practices,[71] and led Sri Lanka to recall its ambassador.[72]

These are non isolated cases. According to figures by Immunity International, in 2010 at to the lowest degree 27 migrant workers were executed and, as of January 2013, more than than 45 strange maids were on death row pending execution.[73]

In practise, majuscule punishment has as well been used to sentence political protesters. Ali al-Nimr and Dawoud al-Marhoon were both arrested at the age of 17 in 2012 during Arab Leap protests in the Eastern Province, tortured, forced to confess, and sentenced to decapitation in 2014 and 2015.[74] [75] [76] Sheikh Nimr al Nimr, an contained sheikh critical of the Saudi government and popular amidst youth[77] and Ali al Nimr's uncle, was also arrested in 2012 and sentenced to expiry by the Specialized Criminal Court in 2014 for his role in encouraging political protests.[78] Nimr al Nimr was executed on two January 2016, along with 46 other people, mostly terrorists arrested in the 2000s.[79] From the available sources almost the Nimr al-Nimr case it seems that Saudi officials utilise the term "terrorism" as cover label for "thought crimes" which in other countries would be considered normal piece of work of an opposition politician.[80]

On 20 October 2020, Human being Rights Watch revealed that Saudi government were seeking the death penalty against eight men from Saudi Arabia who were charged with protestation-related crimes. Some of the alleged crimes were committed when they were children, between the ages of fourteen and 17. One of them, charged for a non-vehement crime, allegedly committed it at the age of nine. All men who were at risk of capital punishment were in pretrial detention for nearly ii years.[81]

In March 2021, Human Rights Watch claimed that a Saudi man, Abdullah al-Huwaiti, could face execution for an alleged murder and robbery he committed when he was xiv years onetime. Disregarding the 2020 ruling abolishing the death penalty for juveniles, al-Huwaiti faces execution following an unfair trial.[82] [83]

On 15 June 2021, the Ministry of Interior of Saudi Arabia appear that it executed Mustafa Hashem al-Darwish (26), who was allegedly charged for forming a terror cell and trying to carry out an armed revolt at the age of 17.[84] He was detained since May 2015 for participating in anti-government protests. For years, he was placed in solitary solitude and was brutally beaten several times. During the trial, Al-Darwish told the court that he was tortured to confess the charges against them. Despite all the facts, he was sentenced to expiry and was ultimately beheaded.[85] [86] On 8 June 2021, Amnesty International had urged the Saudi authorities to "immediately halt all plans to execute Mustafa al-Darwish", stating that the "death penalisation is an abhorrent violation of the right to life in all circumstances".[87]

On 15 December 2013, another Saudi citizen, Aqil Al-Fararj, was arrested due to a discrepancy in the chassis number of the vehicle he was driving. After his arrest, several charges were brought against him, including participation in the formation of a terrorist cell affiliated with a surreptitious armed organization that aims at armed revolt confronting the ruler, destabilizing internal security, killing security men, concealing artillery, and drug dealing. On 1 June, 2021, the Court of Entreatment ratified the Taazir death sentence issued against him, which means that just the approval of the Supreme Court and the signature of the Rex before execution remained.[88]

[edit]

Saudi journalist Jamal Khashoggi was a journalist and critic, simply was murdered by the Saudi Government. [89]

Saudi Arabia does non tolerate dissidents and it tin impose penalties on such people. Saudi Arabia is besides responsible for executing Saudi-American journalist, Jamal Khashoggi in 2018. As he entered a Saudi embassy in Turkey, a group of Saudi assassins arrived in Turkey. He never made it out of the embassy.[89]

See also [edit]

  • Criminal offense in Kingdom of saudi arabia
  • Constabulary of Saudi Arabia

References [edit]

Sources [edit]

  • Mackey, Sandra. The Saudis: Inside the Desert Kingdom. Updated Edition. Norton Paperback. W.W. Norton and Visitor, New York. 2002 (commencement edition: 1987). ISBN 0-393-32417-six pbk.
  • "Height Arab Spring Cleric Amidst 47 Executed by Saudi Arabia". NBC News . Retrieved 2016-01-02 .

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External links [edit]

Media related to Death penalty in Saudi arabia at Wikimedia Commons

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Source: https://en.wikipedia.org/wiki/Capital_punishment_in_Saudi_Arabia

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