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Saudi Courts Open New Chapter in Counter-Terrorism

Senior Saudi officials have announced recently that they will soon begin trying terrorism suspects held in connection with a series of major attacks that began in 2003. Chairman of the Supreme Judicial Council Sheikh Muhammad al-Luhaidan and Justice Minister Dr. Abdullah Aal al-Sheikh in separate interviews with Saudi dailies in July affirmed Riyadh’s plans to establish separate security courts. The move to begin trials signals the government’s belief that it has largely defeated the “Al-Qaeda in the Arabian Peninsula” organization. The use of the court system to battle extremism was not possible while the government perceived al-Qaeda as an existential threat; clearly it has now been downgraded to an internal security threat.

Reports of the creation of specialized security courts have been circulating for several years and there have been seemingly contradictory statements from the Ministries of Interior and Justice on whether or not the courts would be created and when they would begin hearing cases. In October 2006, Deputy Interior Minister Prince Ahmed stated that the Kingdom had begun to try suspected terrorists, but he offered few specifics. Also in 2006, Sheikh Abdul Muhsin al-Obikan, an advisor to the Justice Ministry, told reporters that state security courts would be a permanent addition to the current justice system and not merely a temporary measure.

Saudi officials are at pains to stress that the new security courts will not be military or extraordinary courts such as those in other Arab states. Rather, they are to be part of the Saudi legal system, which itself has recently undergone a major reorganization. Currently, individuals charged with security offenses appear before the Riyadh judiciary among regular civil and criminal cases. No system exists to organize the cases by offense, nor are special security provisions made for the appearance of terrorism-related defendants in a civilian court. One exception has been Saudi returnees from U.S. detention at Guantanamo Bay, who appeared before a judge in a special facility, separate from other defendants, in part to minimize risks associated with their transport.

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