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.

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.

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 Convention”) 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 Committee”). 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 age”. 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

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.