Imprisoned, Released, and Rearrested in Saudi Arabia: Report on Status of Mabrook Al Sai'ari

[Logo of Alkarama. Image from alkarama.org] [Logo of Alkarama. Image from alkarama.org]

Imprisoned, Released, and Rearrested in Saudi Arabia: Report on Status of Mabrook Al Sai'ari

By : Jadaliyya Reports

[The following report was issued by Alkarama o 24 September 2013]

Mabrook Al Sai`ari, a 43-year-old Saudi national detained at Najran prison, could be executed in two months. Or not. His fate depends on a family living at the border with Yemen who will use this decisive `term` to decide whether or not to forgive him for the murder of their beloved one. No one`s fate should depend on such an arbitrary decision by the Saudi judiciary which has sentenced him twice for the same crime committed some 13 years ago.

Imprisoned, Released, and Rearrested

13 years ago, Mabrook Al Sai`ari lived with his wife and children in the southern Saudi town of Al Waidah, in Najran Province which borders Yemen. In 2000, he was accused by the Saudi authorities of murdering a Yemeni citizen on Yemeni soil and he was sentenced in Saudi Arabia to 4 years and 6 months in prison and to 3500 lashes. Both the prison sentence and the lashes were carried out. He was then released in 2004.

Nine months later, when the family of the person Mr Al Sai`ari was accused of killing found out that he was released, they requested the Saudi authorities re-arrest him and again sentence him. Mabrook was summoned by the local judicial authorities in Najran. As soon as he arrived at Najran police station, he was again arrested and sent to Najran prison.

Sentenced a Second Time for the Same Crime

In early 2012, after 7 years of detention without any judicial basis, Mr Al Sai`ari was sentenced to death by the criminal court in Najran. Despite the severity of the penalty, he did not have access to a lawyer because of his modest financial means and did not obtain any court-appointed legal counsel. Moreover, he could not appeal the judgement.

His trial has been marred with irregularities including breaches of procedure and violation of his fundamental rights as guaranteed by the Universal Declaration of Human Rights. He did not have access to a lawyer, could not appeal his sentence and has been tried and sentenced twice for the same crime.

On Death Row for Two Months?

The death sentence was to be implemented on 8 September 2013 but the intervention of several tribal leaders succeeded in postponing the execution by 70 days. This time is intended to give the family of the person Mr Al Sai`ari is accused of murdering the time to decide if they renounce the execution of the sentence or not. According to Saudi legislation, the family of the victim can `forgive` the murderer and allow him to escape the death penalty.

Today, Alkarama requested the Special Rapporteur on Extrajudicial Executions to urgently intervene with the Saudi authorities not to carry out this death sentence which was handed down after an unfair trial. If his execution were to go ahead, this would result in a violation of the most fundamental right, the right to life, contrary to Saudi Arabia`s obligations under article 3 of the Universal Declaration of Human Rights.

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412