http://www.arabnews.com/?page=1§ion=0&article=104788&d=19&m=12&y=2007
Wednesday 19 December 2007 (10 Dhul Hijjah 1428)
'Qatif Girl' Subjected to Brutal Crime: King
Ebtihal Mubarak, Arab News -
JEDDAH, 19 December 2007 - The official pardon of "Qatif
Girl", which was released late Monday night by Custodian of the Two Holy
Mosques King Abdullah, said that the "Qatif Girl" had been subjected to "a
brutal crime". The pardon, which was read by Justice Minister Abdullah
Al-Asheikh on Monday night on Saudi Channel One, describes the reasoning for
the decision. "According to what has been gathered in the file of this case
from the evidence, the facts show that the woman was subjected to a brutal
crime, which saddened us," the statement from the king reads.
"A mistake in pardoning is less than a mistake in punishment,
according to Islamic jurists. As no final ruling was issued by the court,
besides a (Ta'azir) ruling, we are allowed to pardon her."
A Ta'azir ruling is one based on an interpretation of Shariah
by a judge or panel of judges, rather than a direct reference to proper
punishments for specific crimes in the Qur'an or Hadith. The "Qatif Girl" was
sentenced to 200 lashes and six months in prison based on an interpretation of
her crime (in this case "khulwa", or "isolation", with a man in a vehicle) and
its detrimental effect on society as determined by the judge.
Asheikh said on Monday to a Saudi local newspaper that the
king "is convinced and trusts that the verdicts are just and fair." But the
king's pardon read by the minister says that the pardon was "because the woman
and the man who was with her were subject to torture and stubbornness that is
considered in itself sufficient in disciplining both of them and to learn from
the lesson."
The pardon ordered the suspension of the trial against both
defendants - "Qatif Girl" and her male companion, who was also reportedly raped
- and a continuation of the review of the sentencing of the seven young men
found guilty of rape. The king ordered the Ministry of Justice to give the
rapists the strictest sentence possible for their crime. The king also issued a
warning that no mercy would be given to those who dare to violate Islamic law
or pose a threat to public safety.
In the second verdict that was issued in November, the
convicted rapists had their sentences increased to between two and nine years
in prison. The pardon also underscored the king's support for the justice
system. "Men of justice are our men and deputies and we count on them, after
God, to establish justice; to cut the way in front of every jealous person who
wants to use such cases to harm the country's reputation," the statement reads.
The pardon continued to be well-received yesterday by human
rights and women's groups, who tempered their thanks with a request for
increased protection of women in the judicial system.
The recently formed Saudi Women's Association, which
petitioned for the right to drive in September, issued a statement yesterday
thanking King Abdullah for recognizing the brutal nature of the crime and
reversing the decision to punish the rape victim.
"We sincerely thank you and deliver our highest appreciation
of your kind pardon of the 'Qatif Girl'," the statement reads. "We were sure of
your kind heart and the goodness of your soul."
The statement goes on to ask that the Saudi government
"issuing legislations that protect women from abuse and family oppression."
King Saud University professor and columnist Hamza
Al-Mezaini, who received a royal pardon from King Abdullah in 2005 when he was
crown prince, said Qatif Girl's pardon is a sign that the king is following
closely such matters.
"Pardoning the girl means the king is monitoring and directly
following up such cases," he said. "It clearly shows that he is keeping a close
eye on all matters Saudi. He is our shelter."
Mizeini was facing 275 lashes and four-months of imprisonment
after a professor brought slander charges against him for criticizing what the
columnist called extremist elements at the institution.
Although Mizeini said that there should be some control over
the way the media cover ongoing court cases, he said the media scrutiny in this
trial "served the girl well."
"But that's not guarantee it will have the same effect each
time," he said.
In one interview published in Saudi Arabia, one of the judges
of the High Court openly expressed his desire to see the rape victims and the
rapists executed.
During the televised presentation of the king's pardon,
Asheikh denied what he describes as "rumors" that the license of Qatif Girl's
lawyer, Abdul Rahman Al-Lahem, had been revoked. The minister said that the
Saudi law has established means to punish lawyers if mistakes were reported on
them from individuals or societies.
"Punishing any lawyer is not merely a reactionary move," he
said. "There is a formed committee at the ministry that decides on lawyers
state and whether to keep their license, revoke them or punish them
accordingly. No decision was made by the Ministry (of Justice) against the
lawyer in this regard."
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