Saudi Arabia’s Abolishment of the Death Penalty for Minors

There are many ways to pay the price for committing a crime, but no one would deny that the heaviest price of all is one’s life. Not many countries still allow the death penalty as a punishment, and even fewer actually carry it out. The handful of countries that do carry out executions face immense opposition from both within and outside the country. Saudi Arabia is one of these countries. However, their recent abolishment of the death penalty for minors suggests a different path for a country notorious for its human rights issues.

On April 26, Saudi Arabia announced that it would abolish the death penalty for those who committed crimes as minors. The state-backed Human Rights Commission (HRC) claimed that the decision was part of a royal decree and added that instead of the death penalty, “the individual will receive a prison sentence of no longer than 10 years in a juvenile detention facility.” The HRC further claimed that the royal decree showed the “royal family’s will for a social reform.”

A New Chance at Life

This announcement stands in contrast to the various accusations of human rights violations Saudi Arabia has faced in the past. For instance, Saudi Arabia is not a party to the International Covenant on Civil and Political Rights, which guarantees the freedom of religion. Saudi Arabia has also abstained from the United Nations’ (UN) vote adopting the Universal Declaration of Human Rights, claiming that it contradicted Sharia law. Sharia law, Islam’s legal system derived from the Koran, is a code that Muslims must adhere to. The death penalty, caning, and death by stoning are some of the punishments included in Sharia law, which has been accused of human rights violations by organizations like the UN.

The death penalty in Saudi Arabia can be given to those who commit murder, theft, blasphemy, insulting the royal family, terrorism, civil war, and rape. According to statistics from Amnesty International, in 2019, Saudi Arabia executed a record number of 184 people, which is the highest number of executions since 1995. “The death penalty is an abhorrent and inhuman punishment, and there is no credible evidence that it deters crime more than prisons terms," said Clare Algar, Amnesty's Senior Director for Research. She further added that Saudi Arabia's increasing use of the death sentence was an "alarming development.”

Amnesty International's protest against the death penalty in Saudi Arabia. Provided by Amnesty International.
Amnesty International's protest against the death penalty in Saudi Arabia. Provided by Amnesty International.

Clearing Saudi Arabia’s Name

Although executions are common in Saudi Arabia, it is shocking even for Saudi Arabia to behead defendants for crimes committed as a child. In fact, Saudi Arabia was internationally condemned when news surfaced about a Saudi Arabian teenager, who was held for four years without charge, facing a death sentence for crimes he committed when he was only ten years old. The fact that Saudi Arabia is often accused of unfair processes in court including unjust trials and forced confessions, makes death sentences for minors in Saudi Arabia all the more condemnable. This is also why the announcement that it would abolish the death penalty for minors seems so unexpected.

However, concerns around the decree still remain. Saudi Arabia’s abolishment of the death penalty for minors came two days after a similar announcement to ban public floggings, which many saw as a public display of the country’s attempt to adhere to international standards regarding human rights. Although this is a positive action in itself, it has also led many to speculate that the latest decree was simply “for show” – an extension of Crown Prince of Saudi Arabia Mohammed bin Salman’s social reform plan and an attempt to rid Saudi Arabia of its reputation as a human right abuser.

Is it Really Enough?

Although the decree is undoubtedly a positive sign, it is not without its limitations in that the death penalty for crimes committed as adults is still legal; indeed, the total abolition of the death penalty still seems a long way to go. “The death penalty is the ultimate cruel, inhuman and degrading punishment; no country should still be using it and Saudi Arabia’s record is particularly bad in this respect,” says Heba Morayef, Amnesty International’s Middle East and North Africa Regional Director, suggesting that in order for the decree to truly gain significance, the complete abolition of the death penalty will have to follow.

There also exist fears that political prisoners may not benefit from the decree. The human rights organization Reprieve expressed its concerns about possible loopholes in the new law. Maya Foa, the director of Reprieve, claimed that the new decree would be nothing more than “empty words” as long as child defendants remain on death row. “Mohammed bin Salman has been promising to 'minimize' the death penalty for years, but the kingdom continues to execute people convicted of attending demonstrations while they were still in school,” she added.

It is also still unclear when the royal decree will actually be enacted. In addition, according to *CNN*, it is uncertain whether public floggings have been fully or partially prohibited. “The English version of the HRC statement indicated that flogging would be completely abolished, but the Arabic version said the practice would not be prohibited for crimes where the punishment is dictated by Sharia law,” they said. This adds weight to the argument that the decree, along with the prohibition of floggings, is focused more on “showing off.”

In a country that is well known for its human rights violations, ending the death penalty for minors is certainly a milestone along the road to improving human rights. Even if the abolishment is a part of Saudi Arabia’s attempt to clear its name within the international community, it does not change the fact that the decree is still a tangible step forward, and that it has potentially saved countless lives that could have been lost in unjust ways. However, further protection of human rights seems to depend on how similar laws are enforced from now on.

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