Sixteen prisoners, who were released by mistake by prison officials, in the Raniah Governorate in the Taif region are still waiting to hear whether they will remain free or have to serve the remainder of their sentences in prison. They were released in Ramadan 1429H (September 2008) according to a royal pardon, without fulfilling the conditions and criteria of the pardon. Prince Khaled Al-Faisal, the Emir of Makkah, is expected to study the results of an investigation by a Quartet Committee on Tuesday. The committee was formed to investigate how the prisoners could have been released if they had not fulfilled the conditions of the royal pardon. The committee that conducted the investigation at the Raniah Prison consisted of the region's governorate, the Administrative Investigations Department, Commission for Investigation and Prosecution (CIP) and the Prisons Authority. It has uncovered some evidence of violation that took place at the same time that the royal pardon was issued. During its two-week investigation, the Quartet Committee visited Raniah Prison and met with members of the prison's committees that had carried out the release of the prisoners. The prison's committee testified on the method used to carry out the royal order. The Emir will consider the committee's recommendations, including a possibility that the 16 should be returned to prison. The case, which is the first of its kind in the Kingdom, started with an SMS message received by Maj. Gen. Ali Al-Harthi, Chief of Prisons Authority, from a citizen in which he claimed that the 16 prisoners were released illegally. In his message, the Saudi national stressed that he was ready to bear any responsibility for the consequences of his message if it turned out to be a malicious allegation. Al-Harthi referred the matter to the Makkah Emirate. The Emir of Makkah immediately issued orders for a fact-finding committee to be set up to investigate the claim. Muhammad Al-Salmi, a legal consultant and lawyer, said there are two possible outcomes with regards to the 16 prisoners. In the first scenario, if a prisoner is released by mistake under a royal pardon and spends the rest of his jail term outside the prison, he should not be imprisoned again. The lawyer justified this by arguing that the prisoner would have started a new life. It would be unfair for such a person to pay for the mistakes of others, especially if those who made the error were responsible for carrying out the release. However, if a prisoner was released and a mistake was discovered before the completion of his jail term, he would have to return to prison. “The mistake must be rectified. The authorities concerned have the right to arrest him and place him behind bars once again so that he completes his jail term.” The lawyer said it is the authorities who committed the mistake that must be held accountable in such situations. Criminals who do not qualify for royal pardons The royal order for 2008 (1429H) guarantees the release of public right prisoners, if they do not commit further criminal acts or threaten the safety of society in any way. The pardon does not apply to those whose cases fall under Article 112 of the penal procedures regulations issued according to the ministerial decision No. 1900 dated 24/7/2007 (9/7/1428H). This means that the royal pardon does not apply to those who committed crimes that have affected society. This includes crimes of torturing children; abusing under-aged children; and crimes that have harmed members of society like theft and pick-pocketing. Also, economic and financial crimes; threats to the security of the nation, citizens and expatriates; cases concerning weapons, explosives and poisons; terrorism cases; and funding of terrorism. Other crimes that cannot be pardoned include pimping; running brothels; violating people's honor by taking their pictures; and publishing or threatening to publish these pictures. It also includes crimes of deception in financial and real estate investments; and crimes that violate the principles of religion, for instance practicing magic and sorcery.
