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RIYADH: Rizana Nafeek, the Sri Lankan maid, who has been in jail for the
past four years for allegedly killing a Saudi infant in 2005, told a court on
Sunday that her first confession was made under duress and as a result of a
physical assault.
Nafeek made this statement before a three-member bench headed by Chief
Justice Abdullah Al-Rosaimi at a court in Dawadmi. Her statement in court was
translated by Abdul Kareem, an Indian electrician who acted as her
interpreter on Sunday.
Nafeek told the court that she was assaulted and was forced to confess
since she feared for her life. Khateb Al-Shammary, Nafeek’s lawyer, said that
the bench would forward the results of its deliberations to the high court in
Riyadh which would in turn decide the next course of action.
For Sunday’s hearing, the police investigating officer, the local
religious police and Nafeek were summoned for questioning. The father of the
deceased infant, Naif Jiziyan Khalaf Al-Otaibi, who has regularly appeared,
was not summoned to court on Sunday. Having recorded Nafeek’s statement, the
judge also took a statement from police investigating officer who was present
in court.
On recording the statement from the police officer, the judge ordered the
police to produce two witnesses to vouch at the next hearing for the honesty
and integrity of the officer.
Sarath Kumara, first secretary of the Sri Lankan Embassy in Riyadh, and
Abdul Lateef Mohammed Jabir, mission’s coordinator were present at the court
to look after the interests of the accused.
_______________________________________________________________
AHRC - Asian Human Rights Commission
http://www.ahrchk.net/statements/mainfile.php/2009statements/2267/
SAUDI ARABIA/SRI LANKA: Rizana
Nafeek Stated to Court That Her Confession Had Been Taken Under Duress
According to a report appearing in the Arab News today Rizana Nafeek, who
appealed against judgment of a Saudi court that condemned her to death by
beheading, gave a statement to the court hearing the appeal that her
confession had been taken after torture by the police.
For previous information on Rizana’s case please see:
http://www.ahrchk.net/statements/mainfile.php/2007statements/1116/
http://www.ahrchk.net/statements/mainfile.php/2007statements/1118/
http://www.ahrchk.net/statements/mainfile.php/2007statements/1293/
http://www.ahrchk.net/statements/mainfile.php/2009statements/1830/
.......................................................................................................................
19 October 2009 (01 Dhul Qa`dah 1430)
I Confessed Under Duress: Lankan Maid
Mohammad Rasooldeen I Arab News
RIYADH: Rizana Nafeek, the Sri Lankan maid, who has been in jail for the past
four years for allegedly killing a Saudi infant in 2005, told a court on
Sunday that her first confession was made under duress and as a result of a
physical assault.
Nafeek made this statement before a three-member bench headed by Chief
Justice Abdullah Al-Rosaimi at a court in Dawadmi. Her statement in court was
translated by Abdul Kareem, an Indian electrician who acted as her
interpreter on Sunday.
Nafeek told the court that she was assaulted and was forced to confess since
she feared for her life. Khateb Al-Shammary, Nafeek’s lawyer, said that the
bench would forward the results of its deliberations to the high court in
Riyadh which would in turn decide the next course of action.
For Sunday’s hearing, the police investigating officer, the local religious
police and Nafeek were summoned for questioning. The father of the deceased
infant, Naif Jiziyan Khalaf Al-Otaibi, who has regularly appeared, was not
summoned to court on Sunday. Having recorded Nafeek’s statement, the judge also
took a statement from police investigating officer who was present in court.
On recording the statement from the police officer, the judge ordered the
police to produce two witnesses to vouch at the next hearing for the honesty
and integrity of the officer.
Sarath Kumara, first secretary of the Sri Lankan Embassy in Riyadh, and Abdul
Lateef Mohammed Jabir, mission’s coordinator were present at the court to
look after the interests of the accused.
Background information:
Nafeek Rizana of Muttur, was been sentenced to death by the Dawadami High
Courts in Saudi Arabia on 30 May 2007. She was charged with strangling the
4-month-old child of the family for whom she worked as a housemaid. However,
the 17-year-old Rizana who had been recruited as a cleaner stated that she
had been asked to bottle feed the infant for which job she had no training or
experience at all. She stated that the infant choked while Rizana was bottle
feeding it and Rizana could not find anyone to help. The infant fell
unconscious and subsequently died. At the time of the incident Rizana had
only been working for two weeks in this household and the death was entirely
accidental. She was taken to a police station where a statement was taken
from her by force. At the police station as well as the subsequent trial she
did not have the assistance of a lawyer or a translator.
Rizana’s came to be known only after the pronouncement of the death sentence
and there was a public outcry in Sri Lanka and internationally and there were
large scale intervention on her behalf from around the country. Through the
intervention of the AHRC she was provided with the legal assistance from a
well known legal firm in Saudi Arabia, Kateb Fahad Al-Shammari, Attorneys at
Law, who filed an appeal on her behalf. Subsequent to the appeal Saudi
Arabia’s Supreme Council sent the case back to the original court for
reconsideration of the verdict.
Through several hearings it has transpired that the ‘translator’ named Saibo,
who worked with the police was, in fact, a shepherd and had no professional
training. He has refused to appear in court and last reports said that he had
left the country. There is therefore, no way to verify his qualifications, if
any. Under these circumstances two witnesses were called to testify as to his
integrity and qualifications, which is permitted under Saudi law. However,
these witnesses also failed to appear.
The Asian Human Rights Commission notes that there still remains a threat of
the death sentence being re-imposed as the Saudi court may believe the
statement of the police officer after two fellow officers give evidence on
the integrity of the police investigator. Naturally, within the policing
system it will not be difficult to obtain such testimony.
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