Amnesty International 

Saudi Arabia: Flogging / Legal concern 

PUBLIC

AI Index: MDE 23/013/2007      

16 March 2007

UA 69/07 Flogging/ legal concern  

SAUDI ARABIA A 19-year-old woman (name not known)

At least five men (names not known) 

A 19-year-old woman, known only as "The Girl from al-Qatif", and at least five men, are at risk of imminent flogging. Amnesty International believes that the use of corporal punishment constitutes cruel, inhuman and degrading punishment.

The woman, from the city of al-Qatif in eastern Saudi Arabia, was convicted of being alone in private with a man who was not a member of her immediate family  (an offence known as Khilwa under Shariah law), after reportedly meeting with a male companion in 2006. The man, whose name is not known, was convicted on the same charge. They have both been sentenced by a court in al-Qatif city to 90 lashes.

According to reports, shortly after the woman met the male companion, the two were kidnapped at knifepoint by a gang of seven men. The companion was attacked by the gang, but was then released. The woman was allegedly then raped by the gang.

The seven gang members faced trial in the same case as the woman and her

companion. At the conclusion of the trial in November 2006, four members of the gang were sentenced to prison terms ranging from one to five years, in addition to sentences of flogging ranging from 80 to 1,000 lashes. The legal status of the remaining three defendants is unclear as they had reportedly surrendered to the police only shortly before the conclusion of the trial in November 2006.

The sentencing of the woman following her rape ordeal generated shock and anger among human rights activists as well as members of the public in Saudi Arabia.

It also generated a rare debate in the country on the inconsistencies of the judicial system and its failure to reflect the gravity of the crimes committed against the woman. Amnesty International has previously highlighted such failures, including the interrogation and trial of women on sensitive and private matters by all-male panels of interrogators and judges. The organization believes that the criminalisation of ‘Khilwa’ is inconsistent with international human rights standards, in particular, an individual’s right to privacy and the case against them should therefore be declared null and void.

BACKGROUND INFORMATION

Flogging is mandatory in Saudi Arabia for a number of offences, including sexual offences, and can also be used at the discretion of judges as an alternative or addition to other punishments. Sentences can range from dozens to thousands of lashes.

In 1997, the United Nations commission on human rights stated that ''corporal punishment [such as flogging] can amount to cruel, inhuman or degrading punishment, or even to torture". As a state party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Saudi Arabia is in violation of this international standard by carrying out the punishment of flogging.