Rizana’s future: what WE CAN DO.
The beheading of Rizana, a Sri Lankan migrant worker in Saudi Arabia feels unstoppable. I first heard about this issue late last week ago, but only found out yesterday that her execution is scheduled for the 16th July – in a few days time.
Why didn’t I know earlier? She was arrested in May 2005 and was sentenced to death on 16 June 2007. But, rather than analysing my poor information flows and the lack of publicity this case has received, it’s better to concentrate on what can be done to delay the execution of someone who has not received proper legal representation, and from all accounts, appears to have been wrongly convicted.
According to her certified birth certificate, Rizana was born in February 1988. She’s currently 19 years old.
Today’s Daily Mirror describes the chain of events that lead to Rizana’s arrest.
The girl Rizana Nasik went to work at the house of her Saudi employer whose wife had a new-born baby boy. A short time after she started working for this family she was assigned to bottle feed the infant who was by then four months old.
She had no experience of any sort in caring for such a young infant. She was left alone when bottle feeding the child. While she was feeding the child the boy started choking, as so often happens to babies and Rizana Nasik panicked and while shouting for help tried to soothe the child by feeling the chest, neck and face, doing whatever she could to help him.
At her shouting the mother arrived but by that time the baby was either unconscious or dead. Unfortunately, misunderstanding the situation the family members treated the teenager harshly and handed her over to the police, accusing her of strangling the baby.
Rizana, like hundreds of thousands of other Sri Lankan women, had gone to work in the Middle East to alleviate her and her family’s poverty. Through the remittance from people like her, Sri Lanka is kept financially afloat.
There have been reports of Government representatives meeting to figure out what to do. But in this situation, I am not optimistic that Sri Lanka’s Government will do anything that is effective to help a poor Muslim woman (who has no political influence) on death-row in a far away country. Out of sight, out of mind.
What strikes me about Rizana’s case is that it can happen to anyone. There are plenty of examples of wrongly accused people who have received plenty of legal support, being executed. But in her case, she doesn’t speak the language and has received no proper legal assistance.
So what can we do?
Now, I know there are people who read this who would have the mobile numbers of some of Sri Lanka’s leading politicians and other highly influential people. You could call them and ask them what they are doing about the case. We are not trying to change or interfere with the Saudi regime’s policy on executions (that’s another campaign). Rather, we are trying to explain that Rizana simply needs proper representation so her case can be presented with all the facts.
There are a number of human rights organisations working on the issue, including Amnesty and the Asian Human Rights Centre.
Please do visit the AHRC site as it includes a call for ordinary people to take action on this issue. The site also goes in to more detail about the background of Rizana’s situation. I understand there is a handful of individual activists from Sri Lanka developing strategies.
Now I am not an expert in any of this, but the immediate aim should be to delay Rizana’s execution.
Here are some activities we can do:
- Inform Sri Lankan diaspora world-wide of the case and get them to relay pressure on the governments of the countries they live in to intervene. People in Europe and Australia could be very effective.
- Approach the British High Commission in Riyadh that a Commonwealth citizen needs assistance.
- Contact the Foreign Commonwealth Office and inform them a Commonwealth citizen needs assistance in Riyadh.
- Identify qualified lawyers who may be able to assist in any appeal that may happen in the case. Currently, the Sri Lanka Embassy in Saudi Arabia is indicating that a Saudi law firm will be appointed, and is requiring a fee of Rs 4.5 million.
- Encourage the media, especially the international media, to give publicity to this case.
- Fax or email the Special Rapporteur on extrajudicial, summary or arbitrary executions to take action. The contents of the fax or email can be a detailed submission, or simply a personal request to please investigate the case of Rizana’s further.
- Ask ‘civil society’ groups such as Centre for Policy Alternatives what they are doing about the case.
There’s not much time before the 16th July. Let’s hope something positive can happen and that Rizana will not be executed.
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Has the SLMC said anything in this regard?
You’d think that as the most mainstream Islamic party in Sri Lanka, they would have a say in the matter. Taken up the matter with the Saudi ambassador in Sri Lanka, incite public protests (we protest about every fucking thing; why not this? At least this is worthwhile). Something. Anything to encourage the Saudi authorities to re-examine the facts.
Probably won’t happen.
I wonder how the SLMC (and the Muslim population in general) would have reacted had this girl been convicted in the US and been sentenced to death. But then, lest I forget, Americans are infidels.
Update: http://www.ahrchk.net/ahrc-in-news/mainfile.php/2007ahrcinnews/1224/
According to this source, a “high-level Sri Lankan delegation led by Deputy Foreign Minister Hussein Bhaila will arrive here soon to make a personal appeal for clemency to the parents of an infant that died under the care of a Sri Lankan woman…”
Too little, too late?
Please sign the petition online that is appealing to HE the King of Saudi Arabia for clemency at:-
http://www.petitiononline.com/rizana1/petition.html
Any sort of bullying by Western governments and organisations on this matter is only going to harden the attitudes of Saudi fundamentalists and would be quite tragically counter-productive. All hippies, peaceniks, leftists, neolibs, tree huggers, amnasties and other assorted loons would be best advised to take their tantrums elsewhere, if they have any concern for this girl’s life. Discretion should be key here. It is best if any credible Islamic organisations in Sri Lanka could be made to lobby the King and influential Saudi clerics on this girl’s behalf.
Hussein Baila going to Saudi is a good initiative, but I also suspect that it is too little, too late. Yet the point should not be to make a martyr out of the girl but to save her from being executed. Even a life sentence would be a desirable compromise in these circumstances.
A joint appeal to His Majesty King Abdullah Ibn `Abd al-Aziz al-Saud and
the Saudi Arabian Government by a coalition of Sri Lankan civil society
organisations
Re: Miss Rizana Nafeek, a teenage Sri Lankan Muslim girl facing the death
sentence in Saudi Arabia
We, the undersigned Sri Lankan civil society organizations, collectively
appeal to His Majesty King Abdullah for a pardon of Rizana Nafeek who, on
16 June 2007, was sentenced to death by beheading by the Saudi Arabian
High Court.
Rizana Nafeek, a domestic worker of Sri Lankan origin, was accused of
strangling a four month old infant to death when she was only a 17 year
old child. It is essential to understand that this was not a deliberate
act, but a tragic accident which occurred due to Rizana’s youth and
inexperience, which was then terribly exacerbated by miscommunication due
to lack of a translator at the police station and at court.
However we note with respect that the Kingdom of Saudi Arabia ratified the
UN Convention on the Rights of the Child (“the Conventionâ€Â) on 25 February
1996, and has furthermore reiterated its commitment to the Convention in
its most recent statements before the Committee on the Rights of the Child
(“the Committeeâ€Â). Saudi Arabia is therefore bound to protect Rizana
despite the High Court’s order.
Background
Rizana was born on 4 February 1988 in Muttur, a war-torn and impoverished
Muslim majority village in eastern Sri Lanka. She was still a schoolgirl
when she was compelled by poverty to come to Saudi Arabia as a maid in May
2005. Though she was only 17 years old at that time, her passport,
obtained by an irresponsible employment agent under false pretenses, gave
her date of birth as 2 February 1982.
She was sent to work at the house of Mr. Naif Jiziyan Khklafal Otaibi,
whose wife had a new-born baby boy. Soon after she started working for
this family she was assigned to bottle feed the baby who was then four
months old – she was left alone when doing this task. Rizana Naffeek had
no experience of any sort in caring for such a young infant, as she was
only a child herself.
Incident
On 22 May
2005, while Rizana was feeding the child, he started choking. She panicked
and, while shouting for help, tried to soothe the child by rubbing his
chest, neck and face. Due to her shouting the mother came running, but by
that time the baby was either unconscious or dead. The family handed
Rizana over to the police, accusing her of strangling the baby. At the
police station there was no translator so she did not understand the
charges brought against her. Rizana was made to sign a confession and
later charges were filed in court of murder by strangulation.
On her first appearance in court she was told by the police to repeat her
confession, which she did. However, when she was finally able to talk to
an interpreter, sent by the Sri Lankan embassy, she explained in her own
language what actually happened, as stated above. This version was also
stated in court thereafter. According to reports, the judges who heard
the case requested the father of the child to use his prerogative to
pardon the young girl. However, the father refused to grant such pardon.
On that basis the court sentenced her to death by beheading. This sentence
was made on June 16, 2007.
The Kingdom of Saudi Arabia’s obligations under the UN Convention on the
Rights of the Child
As the history above makes clear, Rizana’s treatment under Saudi Arabian
law was also in breach of Article 40(2)(b)(ii), (iv) and (vi), which state
as follows:
(ii) To be informed promptly and directly of the charges against him or
her, and, if appropriate, through his or her parents or legal guardians,
and to have legal or other appropriate assistance in the preparation and
presentation of his or her defence…
(iv) Not to be compelled to give testimony or to confess guilt; to
examine or have examined adverse witnesses and to obtain the
participation and examination of witnesses on his or her behalf under
conditions of equality…
(vi) To have the free assistance of an interpreter if the child cannot
understand or speak the language used…
In violation of the above provisions, Rizana was not aware of the charges
against her and was made to sign a confession she did not understand,
which she was then forced to repeat in court. She was further not
provided an interpreter until the intervention of the Sri Lankan embassy,
though she faced capital punishment, and her understanding of the case
amounted to a life or death matter.
Under Article 2(1) of the Convention, Saudi Arabia has sworn to protect
all children within its jurisdiction “irrespective of the
child’s…national…origin†– in other words, without discrimination.
We welcome the assurances of the Kingdom of Saudi Arabia and the Saudi
Arabian Government that “The Islamic Shariah applicable in the Kingdom
never imposes capital punishment on persons who have not attained their
majority†(CRC/C/136/Add.1, 21 April 2005: para 68 and 120, 2nd periodic
report to the Committee on the Rights of the Child by the Saudi Arabian
Government). The Kingdom of Saudi Arabia’s commitment, as a state party,
not to impose the death penalty on those below 18 years of age, was
reiterated in its dialogue with the Committee on 24 January 2006
(CRC/C/SR.1112, 30 January 2006, summary record of the 1112th meeting of
the Committee, consideration of Saudi Arabia’s 2nd periodic report). We
urge the Kingdom of Saudi Arabia and the Saudi Arabian Government to
continue to uphold this commitment by not executing Rizana.
We also respectfully request that the Kingdom of Saudi Arabia and its
Government follow the Committee’s recommendation “to abolish as a matter
of the highest priority the death penalty as a sentence imposed on persons
for having committed crimes before the age of 18, as required by Article
37 of the Convention†(CRC/C/SAU/CO/2, concluding observations of the CRC
after consideration of Saudi Arabia’s 2nd periodic report). Under Article
37(a), “Neither capital punishment nor life imprisonment without
possibility of release shall be imposed for offences committed by persons
below eighteen years of ageâ€Â. Though Rizana is now 19, she was 17 at the
time of the incident, and therefore falls within this express prohibition.
Conclusion
We understand that there is a period of one month for the lodging of an
appeal. Since the high court sentence of 16 June, no appeal has been
lodged. Neither Rizana’s family nor the Muttur community has the means to
raise the enormous amount of money required to deploy lawyers in a foreign
land. It is due to the terrible conflict-related poverty of Muttur and
the Muttur Muslim community that many young inexperienced Muslim girls
like Rizana have been sent to the Middle East to find employment.
We, the undersigned Sri Lankan civil society organizations, collectively
place our trust in your Majesty to spare this teenage girl’s life. Your
pardon will give not just Rizana and her immediate family, but also the
impoverished and marginalized Muttur Muslim community, immeasurable relief
in desperate times.
Centre for Human Rights and Development, Colombo
Centre for Policy Alternatives, Colombo
Centre for Women’s Development, Jaffna
Community Trust Fund, Puttalam
Diakonia Sri Lanka
Equal Ground, Colombo
International Movement Against Discrimination and Racism (IMADR)
INFORM Human Rights Documentation Centre, Colombo
Institute of Human Rights, Colombo
Law & Society Trust, Colombo
Lion’s Club, Pottuvil
Majilis ul-Asoora, Muttur
Mannar Women’s Development Federation
The Muslim Council of Sri Lanka – an umbrella group representing 108
Muslim civil society organizations
Muslim Women’s Welfare Association, Kalmunai
Peoples’ Forum, Muttur
Pottuvil Teachers’ Union
P. Rajanayagam, Editor, Tamil Times
Rural Development Foundation, Vavuniya
Social Welfare Economical and Environmental Developers’ Foundation,
Kathankuddy
Sri Lanka Democracy Forum (SLDF)
Suriya Women’s Development Centre, Batticaloa
Women & Media Collective, Colombo
Women’s Education and Research Centre, Colombo
YMCA, Batticaloa
12 July 2007
We sincerely pray and hope that Sri Lanka’s efforts to save Rizana bear fruits when the deputy foreign minister meets the victim’s father. Thanks to Arab News which came out with Rizana’s pathetic story four days after the court verdict. If it were not for its news story, we would only come to know after she is beheaded in Saudi Arabia. This is what the Riyadh embassy did in all previous , cases- Wake up only when the horses have left the stable. Mohammed Mackeen in sympathy with Rizana’s family.
The world community can do lot of things to help save the life of this girl. There are many petitions being filed. You can find a petition link at
http://www.ushout.com/component/option,com_joomlaboard/Itemid,26/func,view/catid,8/id,605/#605
Please sign this petition in order to help her to get a pardon.
The collection of blood money may be a secondary thing.
May the world unite to save this innocent girls life.
I have disseminated the info about this case to the Latin American and caribbean Committee for the Defense of Women’s Righta CLADEM in order to make it a global appear beyond language and religion. The situation occurred in 2005 according to the data available-although time has gone compassion and humanity must prevail;but we must not forget the legal procedure which has been apparently neglected up to now. Rizana must come back and wen that happens she must not face discrimination or isolation.True solidarity must be achieved.
I appeal to those Sri Lankan community organizations in western countries to organize their own petitions. Since an appeal has been filed, there is some time for action. Perhaps organizing a peacful showing at Saudi embassies and handing over petitions would be one way we can act.
Is this girl alive?
@tmorgan1000 President Obama asked to intervene in Rizana Nafeek’s case with the Saudi Arabian authorities – see http://www.ahrchk.net/pr/mainfile.php/2009mr/646/
From http://www.arabnews.com/services/print/print.asp?artid=127524&d=19&m=10&y=2009&hl=I%20confessed%20under%20duress:%20Lankan%20maid
I confessed under duress: Lankan maid
Mohammad Rasooldeen I Arab News —
RIYADH: Rizana Nafeek, the Sri Lankan maid, who has been in jail for the past four years for allegedly killing a Saudi infant in 2005, told a court on Sunday that her first confession was made under duress and as a result of a physical assault.
Nafeek made this statement before a three-member bench headed by Chief Justice Abdullah Al-Rosaimi at a court in Dawadmi. Her statement in court was translated by Abdul Kareem, an Indian electrician who acted as her interpreter on Sunday.
Nafeek told the court that she was assaulted and was forced to confess since she feared for her life. Khateb Al-Shammary, Nafeek’s lawyer, said that the bench would forward the results of its deliberations to the high court in Riyadh which would in turn decide the next course of action.
For Sunday’s hearing, the police investigating officer, the local religious police and Nafeek were summoned for questioning. The father of the deceased infant, Naif Jiziyan Khalaf Al-Otaibi, who has regularly appeared, was not summoned to court on Sunday. Having recorded Nafeek’s statement, the judge also took a statement from police investigating officer who was present in court.
On recording the statement from the police officer, the judge ordered the police to produce two witnesses to vouch at the next hearing for the honesty and integrity of the officer.
Sarath Kumara, first secretary of the Sri Lankan Embassy in Riyadh, and Abdul Lateef Mohammed Jabir, mission’s coordinator were present at the court to look after the interests of the accused.
As I have not seen any report of the hearing that was called for 19 January 2010,
I emailed several officials at our Embassy in Saudi Arabia raising a number of questions about Rizana’s plight. Generally a Sri Lankan newspaper reproduces ARAB NEWS reports about her case. Apart from that, though, there is no indication of any regular moral and other support being given to Rizana. Sometime ago she seemed to need hospitalization. I wonder how her health is at this time. But most of all I wish we could feel confident that the Sri Lankan authorities are actively and regularly concerned with this tragic case.
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