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SRI LANKA FOREIGN MINISTRY OPTIMISTIC ABOUT GETTING THE RELEASE OF RIZANA FROM SAUDI ARABIA

By Walter Jayawardhana

The Ministry of Foreign Affairs said in a statement that the Saudi lawyers representing Rizan Nafeek, the Sri Lankan teenaged maid sentenced to be beheaded allegedly for the accidental death of an infant in her care, have “confirmed that they are confident in securing her release on legal grounds.”

In addition to the legal grounds , the Ministry of Foreign Affairs said, “The Dawadmi Acting Governor and the Tribal Leader of Othaibi clan have assured that they will talk to the members of their clan and the family members of the sponsor Mr. Naif Jhisyan Al Otaibi and convince them to grant pardon, once the formal clearance is granted by the Saudi Foreign Ministry, for their involvement.”

Speaking on an optimistic note to the main Saudi newspaper the Arab News in Riyadh the main lawyer appearing for Rizana said there was no need of the intervention of the human rights organizations at this stage since the appeal was in an initial stage.

The Arab News quoting the lawyer said, “We are currently preparing a detailed objection to file at court with all the details related to the case,” the lawyer, Kateb Al-Shammari, told Arab News.
“One of the key contentions of the appeals trial will center on Nafeek’s age. Nafeek’s Lankan passport says she was 23 when the death of the child took place. Her birth certificate puts her at 17 when the death occurred, which would have made her a minor at the time of the incident. Nafeek claims that her recruiter in Sri Lanka provided these falsified documents to her in order to illegally meet the age requirements for employment in Saudi Arabia, which prohibits the import of minors as workers. Furthermore, Saudi Arabia has signed an international agreement not to impose the death penalty on minors, defined as persons under the age of 18.

“It is obvious that unscrupulous foreign employment firms in Sri Lanka have forged her birth date to get her in the country,” Al-Shammari said.

The lawyer also claims that the confession obtained by police after Nafeek was detained should be tossed out because it was obtained without Nafeek’s ability to fully understand what was going on during the interrogation.

“She clearly denied any wrongdoing in court,” he said. “She mentioned that she was not totally aware of what she has been accused of due to the lack of a translator.”
Al-Shammari said he had met with the visiting Sri Lankan delegation in his office in Riyadh.
“I explained to them the court procedures in the Kingdom and assured them that the Saudi legal system does not differentiate between a local and a foreigner,” he said.

The attorney said the court trials were still in its initial stage and there was no need for the intervention of human rights organizations.”

The Sri Lankan Foreign Ministry release further said, “The delegation led by the Deputy Minister (Hussein Bailah) met the Acting Governor of Dawadmi, Chief of Police of Dawadmi, Chief of Investigation Unit of Dawadmi Police, and the Area Chief of the Othaibi clan and discussed with them on the current status of the case and sought their assistance to obtain pardon for Ms. Rizana Nafeek from the victim’s parents.”

Dawadmi is the place where the tragic death of the infant occurred and where the police took a confession under duress from the accused on which she was sentenced to be beheaded. Othaibi tribe is the clan to which the father of the dead infant belongs. Usually under Saudi law pardons are obtained by paying blood money to the victims family. The Sri Lankan Foreign Ministry did not mention anything about blood money and if the court releases her on legal grounds blood money would not be necessary.

The Sri Lanka foreign Ministry went into details to describe the higher officials of the Saudi Arabian government whom the Sri Lankan Deputy Minister met : “The Deputy Minister also met the Vice Minister for Consular Affairs of the Saudi Foreign Ministry Mohammed Abdul Rahman Salloum and handed over the formal request from the Government of Sri Lanka to the Saudi Government and a personal letter addressed to Prince Saud Al Faizal, Minister of Foreign Affairs of Saudi Arabia from Foreign Minister Rohitha Bogollagama, requesting pardon for Ms. Rizana Nafeek and for their intervention in seeking pardon from the parents of the deceased infant.

The meeting was attended by the senior Saudi Foreign Ministry officials, Mr. Musthafa Kauzer, Director General of Asia Department and Mr. Saleh Al Sarhan, Director General of Legal Department of the Saudi Foreign Ministry. The Saudi Assistant Minister assured that he will bring it to the notice of the Saudi Foreign Minister and to the Governorate of Riyadh and provide all assistance in this regard.

In addition, a personal request was made by Deputy Minister Hussein A. Bhaila to the Governor of Riyadh, Prince Salman bin Abdul Aziz, who has already accepted the invitation extended by Hon. Minister of Foreign Affairs to visit Sri Lanka, to seek his intervention, through the Ministry of Foreign Affairs of Saudi Arabia.

The Deputy Minister and the delegation also met Islamic Scholars and academics including Secretary-General of World Muslim League, Deputy Minister of Hajj & Umra Affairs, and Chairman of the Saudi Fund for Development. The delegation also met Mr. Saad Al Baddah, Chairman of Saudi National Recruitment Committee and Mr. Waleen Suwaidan, former Chairman of the Saudi National Recruitment Committee and discussed with them on the issue.”

The Sri Lanka Foreign Ministry release further said, “The Deputy Minister arranged for the parents of Ms. Rizana Nafeek to visit her at Dawadmi Prison twice during their stay in Riyadh and has arranged for regular consular visits to see her.The Ministry will continuously monitor the developments and keep in contact with authorities and individuals in this regard. The process of granting pardon on humanitarian appeal and the legal proceedings would take a longer period according to the Saudi legal system. The Ministry would continue its efforts on the matter, until it is resolved.”


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