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Judicial System

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<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

Justice will violate the principle of the ‘independence of<br />

the judiciary’ and strikingly conflicts with legal provisions<br />

prohibiting intervention in the works of the judiciary<br />

including article one of the Judiciary Law, ‘’Judges are<br />

independent and, in the administration of justice, they shall be<br />

subject to no authority other than the provisions of Shari’ah<br />

and laws in force. No one may interfere with the Judiciary’.<br />

And article five of the Council of Ministers Law provides for<br />

punishment for any intervention from any minister, the said<br />

article provides that, ‘without prejudice of any provision<br />

in any other law, an accused person charged under the<br />

provisions of this Law shall be subject to imprisonment for<br />

a period of 3 – 10 years if committed any of the following<br />

offences …. personal intervention in the judicial affairs or<br />

the affairs of government departments’.<br />

Indirect interventions have numerous forms and below<br />

we will concentrate on two of these forms:<br />

The first form: obstructing enforcement of judicial rulings:<br />

a court ruling may be passed, however it may not be enforced<br />

either because of the inability of the concerned administrative<br />

body to enforce the ruling or because of intervention of<br />

influential and powerful people – and in cases, the ruling<br />

may be overruled. The defendant may be an expatriate in<br />

a criminal case and some authorities may intervene to<br />

stop enforcement of the ruling on pardon / amnesty basis<br />

from the King. Such situations cause embarrassment to the<br />

government because there are numerous authorities engaging<br />

228

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