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December 4, 2007 at 12:28:27

Perturbing the Judiciary? Hurting the Country's Image? Shame on You!

by William Fisher     Page 1 of 1 page(s)

http://www.opednews.com

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By now, most of us have heard the sickening story of the “Girl of Qatif” – the 20-year-old Saudi woman who was gang-raped at knifepoint by seven men and then sentenced to jail time and 200 lashes because she was alone in a car with a male who was not a relative.

 

Her plight has now become well known through extensive worldwide media coverage. The “Girl of Qatif” – her hometown – is only one of hundreds of others we’ll never hear about. She has become the poster child for much of what we in the West find incomprehensible about the way many Islamic countries define the “rule of law.”

 

But there is another victim here: The rape victim’s lawyer, a 36-year old named Abdul-Rahman al-Lahem. As if to magnify its incomprehensible sentence, the Saudi court has revoked his license because of  "belligerent behavior, talking to the media for the purpose of perturbing the judiciary, and hurting the country's image." He faces a disciplinary hearing tomorrow, December 5, to determine the length of his suspension.

 

The victims in this bizarre case were originally sentenced to 90 lashes and the rapists were sentenced to between 10 months and five years in prison. Doing what we would expect any good defense lawyer to do, Lahem appealed the sentences. He asked for harsher sentences for the rapists and called the ruling against his client unjust. The court obliged by increasing the sentences of the two victims to six months in prison and 200 lashes, and nearly doubling the rapists’ sentences. The court told the woman her punishment was increased because of "her attempt to aggravate and influence the judiciary through the media."

 

Lest we forget, Saudi Arabia is one of America’s best buddies. It’s the place where we buy much of the oil we import. And, as President Bush incessantly reminds us, it’s a staunch ally in the “Global War on Terror.”

 

But here we have another kind of terror: Terror in the Courtroom. It is a kind of terror that violates the most basic tenets of what America is supposed to stand for: the rule of law. It is a terror that springs from the Saudi Kingdom’s strict Wahhabe interpretation of Islamic, or Sharia, law.

 

This is not to say that American jurisprudence should be the model for the entire world. Our justice system is replete with gross miscarriages, witness our despicable performance at Guantanamo Bay, our courts’ frequent failures to appoint competent lawyers to represent poor defendants, our Kafkaesque sentencing guidelines, and the reluctance of too many of our judges to report prosecutorial misconduct to their state bar associations.

 

But, though it is not altogether unknown, our judges don’t often go after defense lawyers simply for being tenacious. They applaud them. They and we believe a robust defense is at the very heart of our adversarial system of justice.

 

Our judges expect defense lawyers to be "belligerent” – while respectful of the court. They may not like it, but they expect lawyers to talk to the media. And they expect to be “perturbed.” For most judges, this is water off a duck’s back. It goes with the territory.

 

And as for these kinds of issues damaging the country’s image, we have to wonder what could be more damaging than meting out a jail sentence and 200 lashes to a rape victim.

 

http://billfisher.blogspot.com

William Fisher has managed economic development programs in the Middle East and elsewhere for the US State Department and the US Agency for International Development. He served in the international affairs area in the Kennedy Administration and now writes on subjects ranging from human rights to foreign affairs for a number of newspapers ond online journals.

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This quote summarizes the nature of my concerns and the content of personal experiences which stir my activism:

"Necessity is the plea for every infringement on human freedom. It is the argument of tyrants; it is the creed of slaves". --Paul Revere, House of Commons

Kathryn SmithThis quote summarizes the nature of my concerns and the content of personal experiences which stir my activism:

"Necessity is the plea for every infringement on human freedom. It is the argument of tyrants; it is the creed of slaves". --Paul Revere, House of Commons

There are examples of similar events in post-911 America

"But, though it is not altogether unknown, our judges don’t often go after defense lawyers simply for being tenacious. They applaud them. They and we believe a robust defense is at the very heart of our adversarial system of justice."
One of the lawyers for the Center for Constitutional Rights was similarly "brought down" by the post-911 U.S. Government. His crime? Defending an innocent Guantanamo detainee. YOu can read about this on their website, www.centerforconstitutionalrights.com

Of course, and as has become typical, the  post-911 Administration always invokes "state secrecy" privileges connected to anything that would similarly "damage the government" and/or its image. For example, an FBI document posted to the ACLU's website, turned over to the ACLU as result of a Freedom of Information Act (FOIA) request, was supposed to disclose the targets of warrantless wiretapping. The FBI complied with the FOIA after typically stalling at length, released the document to the ACLU, but also did not do so without having first blacked out 70% or more of the document and its contents.

 

Such is the secrecy of this government and the concerns for "Hurting the country's image".

So this would not happen in America? Prior to 9-11, never. But now? All  the time. Log on to the ACLU's website and you can read all about the stall tactics in serving FOIAs, about the over-invocation of "state secrets" especially where covering up government wrong-doing is concerned, and just how absolutely frequently this has been happening.

 

S.1959 The Homegrown Terrorism and Violent Radicalization Act will only make the horror of this story posted here a living reality to the average American citizen. While America would not go so far as to criminalize a rape victim in this way, our new government most certainly would go after the attorney and the victim too, if the matters at stake threatened to bring government crimes to light. As has become the routine now. For example, the Red Cross estimates that most "Terrorists" at Guantanamo have been actually proven innocent. Yet they are tortured without being released, or with being so much as charged with a single crime.  Check it out on the websites above: You'll see.

by Kathryn Smith (77 articles, 0 quicklinks, 30 diaries, 260 comments) on Wednesday, December 5, 2007 at 12:29:38 AM
 

 

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