الخميس، 24 أبريل، 2014

Follow-up of Sheikh Al-Nemer’s Prosecution: Fifth Trial, Secret.

European Saudi Society for Human Rights
23/04/2014








Sheikh Nemer Al-Nemer
The fifth trial of Sheikh Nemer Al-Nemer held on Tuesday morning 22/04/2014, just 5 days since the fourth trial. The fifth trial was done entirely in secret to the point where even Al-Nemer’s lawyer and family know about it, where they later found out through local official newspapers that published the details of the trial. 
Unlike the first article of “The Basic Principles on the Role of Lawyers”, which states “All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings[1], Al-Nemer’s lawyer was not informed of the hearing and he denied Alriyadh Newspaper report that states “his failure to attend the hearing[2]” through his personal Twitter account. “The newspaper statement of my failure to attend the hearing is untrue, and the truth is that I was not informed about it[3]”, Al-Nemer’s lawyer tweet. Al-Nemer’s family visited him one day before the fifth trail but were not informed either, nor Al-Nemer himself.
Al-Nemer is disallowed from having a pen and papers to write out his defense to the charges issued ​​by the public prosecutor that published on 25/03/2013 which is more than a year already, he was allowed to have a pen and some paper after the fourth trial and taken again before last Monday, but it was not enough to respond to more than 30 charges and death penalty in such a limited time with limited stock of paper. Al-Nemer has been detained in a solitary confinement in the Security Forces Hospital in Riyadh, Saudi Arabia.
According to the only witness of the fifth trial, Alriyadh Newspaper, the public prosecutor charges are based on Al-Nemer’s confession; his Khutbah; the arrest and search reports and statements of ten witnesses.
We in the European Saudi Society for Human Rights (ESSHR) highlights that the trial of Sheikh Al-Nemer did not comply with international standards of fair trial, as many violations were committed during the pre-trial period including his “right to counsel; prompt appearance before a judge to challenge the lawfulness of arrest and detention; challenging the chargers; providing adequate time and facilities to prepare a defense; presumption of innocence and providing an appropriate humane[4]”.
Also, many violations were committed during the trial period phase, including his rights to “a specialized court, a trial by a competent, independent and impartial tribunal established by law; public hearing; the right to call and examine witnesses and the right to trial within a reasonable time or to release from detention[5]”.
The next trial is still unknown or if it is even scheduled.
We in the ESSHR are very concerned about continuous unfair trial of Sheikh Al-Nemer. We demand the immediate unconditional release, holding the Saudi authorities’ fully responsible and stressing that non-compliance with fair trial standards will make any decision made ​​by the court unjust, therefore, illegal.

--------------------------------------------------------------------

 Sheikh Al-Nemer’s Prosecution (25/03/2013-22/04/2014)
Order
Date
Timetable
Note
1st Trial
25/03/2013
Took place 260 days after of detention
Faced 33 charges by the public prosecutor, and demands death penalty
2nd Trial
29/04/2013
After 35 days of the 1st trial
Public prosecution did not submit a copy of list to the defense, therefore, the defense could not respond to the charges and the trial ended without scheduling a specific date of the 3rd trial
3rd Trial
23/12/2013
After 238 days of the 2nd trial
One day before the hearing, the lawyer explained that Sheikh Al-Nemer did not get a pen and paper to write a response to the charges. The meeting lasted 5 minutes and ended without scheduling a specific date of the 4th trial
4th Trial
15/04/2014
After 113 days of the 3rd trial
The lawyer was surprisingly informed one day before the trial, where he was attending a court hearing of his client, Sheikh Tawfiq Al-Amer at the Specialized Criminal Court on Monday 14/04/2014.
The meeting lasted about an hour and ended without scheduling a specific date of the next trial
5th Trial
22/04/2014
After 5 days of 4th trial
The lawyer nor the Al-Nemer family were informed about the trial date and time, therefore, Al-Nemer couldn’t fully respond due to the limited stock of paper he has and couldn’t consult the lawyer about his written defense.

Follow up for the fourth trial of Sheikh Nemer Al-Nemer, 17/04/2014 http://goo.gl/QvlE5m
If blocking in Saudi Arabia http://goo.gl/gG06K9



[1]Human Rights Education Associates (HREA): Basic Principles on the Role of Lawyers  http://www.hrea.org/index.php?doc_id=223&erc_doc_id=303&category_id=13&category_type=3&group=
[2] Al Riyadh Newspaper: “The Accused of fomenting sectarian strife submit his answer after prevarication for 5th trial
[3] Personal Twitter account tweets of Sheikh AlNemer’s lawyer, Dr. Sadeq Jubran, denies knowing about the date of the trial.
[5] same as the previous source

ليست هناك تعليقات:

إرسال تعليق