The Saudi Basic System of Government and Human Rights
The laws of the Kingdom of Saudi Arabia prohibits torture in all its forms and protects citizens and provides free social services in different form*, s*, for example*, free health care*, education*, etc*... The Kingdom is a signatory to the UN Convention against torture and other cruel*, inhuman or degrading treatment or punishment*. Torture and inhuman treatment are crimes punishable by the laws and regulations of the Kingdom*. A clear picture of the Saudi human rights can be seen through a discussion of certain selected articles from the Basic System of Government* (BSG*) which guarantees human rights*:
1*. Article 8*, which states that the Saudi legal system operates on the basis of justice*, consultation*, and equality according to Islamic law*.
2*. Article 9*, which states that the family is the core of society and that citizens must respect the law and obey their leaders and follow Islamic teachings*.
3*. Article 35* guarantees that* no one shall be arrested*, imprisoned or have their actions restricted except in cases specified by the law*.
4*. Article 36*, of the Basic System of Government declared that* the State provide security to all of its citizens and residents and no person shall be restrained or arrested or detained unless on lawful grounds*.
5*. Article 37*, which states that the home is sacrosanct*. The state is not allowed to enter a house without approval from the owner and may not search homes unless the law permits if for security reasons*.
6*. Article 38*, states that there can be no punishment or imprisonment without a reigious edict or a ruling from the judicial system according to the law*.
7*. Article 40*, also states that it is forbidden to open mail*, or to spy on telephone conversations and other communication methods and that it is also unlawful to confiscate material or to look into it except in certain cases when the state deems it necessary*.
8*. Article 27*, which states that the government ensures the well-being of citizens in emergencies*, old age and sickness*.
9*. Article 28*, imposes on the State the duty is capable of working*.
10*. Article 29*, where it says that the government provides scientific*, cultural*, and social education and encourages scientific research*.
11*. Article 30*, states that the government provides public education and commits itself to combating illiteracy*.
12*. Article 31*, which guarantees free health care to every citizen*.
13*. Article 16*, protects public funds*.
14*. Article 26*, which says the government*, protects human rights according to Shariah*, in addition to the rules about arrest mentioned above*.
15*. Article 34*, states that the majlis of the King and the crown prince are open to anyone*, and that every person has the right to speak directly to authorities* - citizens and residents alike*.
16*. Article 17* and Article 18*, say that the government guarantees private ownership and that no one may take away private property except in the public interest and on condition that the owner be compensated*.
17*. Article 20*, states that the confiscation of public money is forbidden and that the confiscation of private funds in punishment for an offense cannot happen without a judicial ruling*.
18*. Article 47*, says that the right to sue is guaranteed to all citizens and residents alike*.
Moreover*:
1*. Article 100*, of the Directorate of General Security Order states that if the accused refuses to provide information*, he or she should be asked by the investigator*, without any compulsion or torture*, to explain his or her grounds for remaining whosoever brings about the detention of an individual without due cause*, or inflects harm or injury*, should be punished by imprisonment of a term *****alent to the period of false imprisonment and be held liable for damages*.
3*. Article 28*, of the Prison Regulations states that no prisoner or detainee should be suffer any form of assault*. Punitive measures are to be taken against any civil or military official convicted of such violations*. Accused persons must have a fair trial in all its stages*. The accused has the right to delegate his defense to whosoever he wishes*.
4*. Article 59*, of the order of Procedure of Administration Work at the Shariah Court says*, everyone has the right to delegate the defiance of this case without limitation*. If the accused does not understand the Arabic language the court must provide a translator without charge to the accused*.
5*. Article 33* of the Judicial System of Saudi Arabia declares that all court sittings must be in public unless the court feels that the proceedings should be private in order to spare the embarrassment of individuals and their families*, or to protect the general good*. The verdict in all cases must be made public*.
6*. Article5*, of the Criminal System states that upon confirmed suspicions*, the period under arrest without charge should not exceed 3* days and must be based on the written directives of the investigative body*.
7*. Article 8*, of the same system declares that at the end of a three day detention period the accused must be set free by order of the head of the division in which the investigation takes place*, if there is no issue a memorandum placing the individuals under arrest for a period not to exceed 21* days from the date of the memorandum*.
8*. Article 12*, which calls for the accused to the presented to court after 21* days so that the case may be reviewed*.