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Expat sues govt over unlawful detention
By Khaled Al-Shalahi
Published in The Saudi Gazette on 29 - 10 - 2009

A court in Madina has heard claims brought by an Indian man seeking compensation from the regional Governorate, Police and General Commission for Investigation and Prosecution (CIP) for three allegedly unlawful years spent in prison.
Sheikh Khawaja Mohiuddin says he was incarcerated for jewelry theft under pain of repaying the value of the stolen property, but after serving nine years the General Court in Madina ruled that he was insolvent and therefore unable to repay the money, a ruling Mohiuddin says should have brought about his immediate release.
The regional Governorate determined, however, that Mohiuddin should remain in prison, citing Article 3 barring insolvent embezzlers from leaving the country, while the CIP ruled that Mohiuddin was not required to stay in prison but instead should only be barred from travel outside the Kingdom.
Lawyer for the prosecution Salem Khalid told Madina's Administrative Court Wednesday that the three government bodies had failed to execute the court ruling and promptly release his client, and requested that the case be referred to the Experts Commission at the General Court to determine the extent of material and moral damage suffered.
Khalid further argued that the three authorities were equally liable for compensation for the final three years his client spent in prison and for being deprived of earning a living during that time.
Mohiuddin was sentenced to prison 12 years ago for the theft of jewels worth over SR1 million from his sponsor's shop in Mahd Al-Dhahab, and was released on the orders of the Ministry of Justice.


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