The summary of chapters

The sections of this study are summarized throughout this conclusion, with all chapters presented through a brief overview. Chapter One provided an introduction to the paper, significance of the study as well as the methodology. Chapter Two studied the fair trial within the international human rights law. The international human rights law was also given a brief overview as the thesis is centred on carrying out a comparative study; thus, it is considered important that various conceptualizing frameworks are taken into account. The UN Charter provides a foundation for the Universal Declaration of Human Rights (UDHR), the latter of which can be regarded as the main source for various national instruments related to the right to a fair trial. It is worth highlighting that the International Covenant on Civil and Political Rights (ICCPR), in addition to the Convention against Torture (CAT), has set a number of guarantees in regard to human rights safeguarding, particularly the rights relating to civil liberties and to the right to a fair trial.

Furthermore, Chapter Two also examined the engagement of Saudi Arabia in international human rights law, starting with a discussion of the UDHR provisions through a Saudi Arabian representative. Importantly, the reservation of various provisions in the UDHR can be understood in a historical context. Nevertheless, although Saudi Arabia has not sanctioned the ICCPR, it has ratified various significant conventions, which are a part of its domestic law, such as the CAT, which sets out various obligations on the Saudi Arabian authority to prohibit various applications of arbitrary arrest surrounding the use of torture during the investigation process. In addition, Saudi Arabia has been seen to have sanctioned the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which emphasizes the importance of the development of women’s rights.

Chapter Three analyzed the criminal justice system under Shariah and its exercising under the Saudi Arabian legal system. This is important due to the fact that, in order to understand how the fair trial can be applied, especially in the in-trial process, the conceptual framework of Saudi Arabia needs to be understood. Furthermore, this chapter clarified the roots of the legal system within the KSA, and showed that the

168 Saudi Arabian legal system has relied only on one school of thought and how these sources and schools may reflects of the right to a fair trial.

Moreover, the role of Ijthads was clarified in this chapter, as well as the way in which the legal system has been used. Such a methodology was examined, together with the categories of crime and punishment known to be amongst the most important elements of the Saudi Arabian legal system. In the same context, the Law of the Board of Grievances was analyzed, being one of the administrative laws

Chapter Four tackled the issue of the human rights of the accused during the pre- trial stage, and started by providing a legal framework of these rights in the international domain. The role of the public prosecution is also regarded as being one of the most important elements within this thesis; for this reason, the chapter dealt with its role since its establishment in 1989. The relationship of the Bureau of Investigation and Public Prosecution (BIPP) with other criminal justice departments was also examined and clarified.

The chapter went on to extensively explore the pre-trial procedures. It examined the right to liberty within the domestic law in Saudi Arabia, and then in relation to two main stages: the preliminary investigation, involving the human rights of the accused during the arrest stage (whether with or without warrant) and the requirements of the search and seizure of persons and properties. It directed the spotlight on detention as one of the important elements of the criminal process, making reference to both the length of detention and the safeguards provided during the detention.

The chapter then considered the secondary investigation, and examined the interrogation process and safeguards provided throughout the process. Both the preliminary and secondary investigations were examined in light of the requirements set out in the international human rights standards. The chapter then went on to examine a group of rights, including the rights of the accused to have a legal representative and to have adequate time to prepare a defence, as well as the right not to suffer any degree of torture or cruel treatment. The right to silence and the privilege against self- incrimination were also examined in relation to international human rights standards, as set forth in the Bill of Rights.

Chapter Five dealt with the in-trial stage of the criminal process. It started by underlining the court hierarchy under the new Judiciary Law enacted in 2008. An examination of the concept of judicial independence was examined, and the right to a public hearing was evaluated—in regard to both the international domain and at a domestic level. It was also recognized that there was the necessity to include an Islamic

169 perspective towards the right to a public hearing; therefore, Islamic views were highlighted. In addition, the chapter evaluated the meaning of presentation during the