Compensation for imprisonment without trial
Compensation is available in the event of detention without trial. This prolonged detention without legal action constitutes an error requiring compensation. Saudi regulations clarify the procedures and the competent court for such cases.
The systematic basis for compensation
The Saudi Code of Criminal Procedure guarantees the right of individuals not to be arrested, detained, or imprisoned except in the circumstances stipulated by the Code and for the period determined by the competent authority.
- Article 2 of the Code of Criminal Procedure stipulates that: “No person may be arrested, searched, detained, or imprisoned, except in the circumstances stipulated by law…”
- Article Thirty-Seven affirms that: “No person may be arrested or imprisoned except in prisons or places of detention designated for that purpose by law… and the administration of any prison or detention may not accept any person except pursuant to a reasoned order with a specific period…”
Since your client has been detained for a long time without trial, this procedure violates the basic principles established by the system, giving him the right to seek compensation for this damage.
Article 215 of the Code of Criminal Procedure explicitly stipulates this right, stating: “Anyone who has suffered harm – as a result of being accused of plotting, or as a result of his imprisonment or detention being prolonged beyond the prescribed period – has the right to request compensation…”
The court competent to hear the compensation claim
Although Article (215) of the Code of Criminal Procedure indicates that the compensation request is submitted before the court that heard the original lawsuit, in the case of your client there was no original lawsuit in the first place, as he was not tried.
In this case, since the procedure (arrest) was carried out by an administrative body (General Investigations), jurisdiction is vested in the Administrative Court of the Board of Grievances. This is based on Article Thirteen (Paragraph C) of the Board of Grievances System, which stipulates that administrative courts have the jurisdiction to decide on:
“Compensation claims filed by interested parties for decisions or actions of the management entity.”
Arresting your client is considered an act of the administration (the Ministry of Interior or the Presidency of State Security, to which the General Investigations Department is affiliated), and therefore the compensation claim against them falls within the jurisdiction of the Board of Grievances.
The Board of Grievances judiciary has established its jurisdiction to consider such cases, as is clear from Audit Authority Resolution No. (87) of 1432 AH, which discussed the Board’s jurisdiction in compensation cases for criminal control acts as administrative acts.
Procedures for filing a lawsuit
- Preparing a lawsuit list: A detailed lawsuit list must be prepared that includes a full explanation of the facts of the detention, its duration, the party that carried it out, and the material and moral damages that your client suffered as a result of this prolonged and unjustified detention.
- Filing a lawsuit: The lawsuit is filed electronically via the Board of Grievances’ Maeen platform against the administrative body responsible for general investigations.
- Proof: All documents proving the fact of detention and its duration must be submitted, such as any official papers related to release or deportation, and witness testimony, if any.
Important note: If the arrest is related to terrorist crimes and their financing, Article 16 of the Anti-Terrorism Crimes and Financing Law stipulates that a compensation request must first be submitted to a special committee formed by the Presidency of State Security before resorting to the competent court.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
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