An Open Letter to the Ministry of Foreign Affairs seeking legal
assistance for the young Sri Lankan woman facing the death sentence
by beheading in Saudi Arabia
Dr. Palitha T.B. Kohona,
Secretary / Ministry of Foreign Affairs,
Ministry of Foreign Affairs, Republic Building,
Colombo 01, Sri Lanka.
Dear Dr. Kohona,
Re Rizana Nasik of Mutur—the young girl facing death sentence
by beheading:
Matter relating to legal assistance for her appeal.
I am sure you are aware of the death sentence pronounced on Rizana
Nasik of Mutur by a Court in Saudi Arabia and who is now awaiting the
death sentence. She still has time for filing an appeal which has to
be done soon. We have been informed that the Ministry of Foreign
Affairs has been in contact with Rizana Nasik’s family in
Mutur. This family belongs to the lower income group and is totally
unable to meet the cost of litigation which according to your embassy
sources in Saudi Arabia amounts to about Rs. 600,000. We also
understand that the father of Rizana Nasik has met Foreign Ministry
officials in Colombo and has already explained to them that the
family does not have means to contribute to this appeal.
We also understand that the Sri Lankan embassy in Saudi Arabia has
already made representations to the Ministry of Foreign Affairs
requesting funds to enable filing of this appeal. There also seems to
be good grounds for appeal since the entire case had been conducted in
a language not understood by her and also without any meaningful
interpretation provided to her. She had also not been legally
represented at the trial. She is also quite young and is said to have
left for employment a few months ago when she was only about 17 years
of age. Furthermore the totality of evidence against her is supposed
to be a confession which she had later withdrawn. In a foreign
country under such circumstances and being of such young age, it is
quite possible that she may have made the confession under duress.
Nonetheless, such defenses are hardly of much use within the legal
system of Saudi Arabia. A Sri Lankan citizen—particularly of
that young age—facing a criminal trial carrying the possibility
of the death sentence which within the particular jurisdiction is
carried out rapidly Rizana Nasik would have deserved legal assistance
from the embassy of her country from the very beginning. However, even
at this late stage, the Government of Sri Lanka owes it to this young
Sri Lankan citizen to rapidly intervene and assist her. According to
interviews in the media, it appears that what prevents granting her
legal redress is some rule, regulation or policy that seems to deny
legal assistance by the Sri Lankan Government to Sri Lankans
migrating to other countries who are accused of criminal charges. I
am sure you would agree that there is no legal basis to withdraw the
protection that the government of a particular country owes to its
citizens in this manner. Particularly, migrant workers who leave
their countries for employment should not be deprived of legal
protection merely because they are accused of some crime. As you are
aware, the Sri Lankan Constitution recognizes the presumption of
innocence of a person until proven guilty.
It is hardly necessary to remind you of the fate of 4 other Sri
Lankans who were beheaded recently—one of whom was in fact
sentenced only for 15 years of rigorous imprisonment. Even when that
matter was being publicly discussed, Sri Lankan embassy officials in
Saudi Arabia made promises to provide legal assistance to enable
these 4 persons to reviews their cases even at that last stage. The
President of the country at the time, Chandrika Kumaratunga made a
public statement, which was published on the front page of some
newspapers, that she will directly intervene with His Royal Highness
of Saudi Arabia to seek pardon on behalf of these 4 persons. The
present President as Prime Minister then and later as President also
made several public statements assuring that all attempts would be
made to assist the 4 persons facing death sentence. However, when the
death sentence was in fact carried out, no one—including embassy
officials in Saudi Arabia—was aware of it.
We are writing this to bring to your kind notice the pitiful plight
of this young woman and to urge you to take all appropriate actions
to ensure that she will be provided with legal assistance to enable
her to file this appeal. We also urge you to review any rule,
regulation or policy that may exist obstructing the granting of
protection owing to such a citizen.
We hope that you will graciously and expeditiously intervene in this
matter.
Thanking you,
Yours faithfully,
Moon Jeong Ho
Programme Officer,
Urgent Appeals Desk.
Asian Human Rights Commission, Hong Kong
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