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Saudi Arabia
Military Justice
The administration of justice in the armed forces was regulated
by the Code of Military Justice, decreed and published by the
minister of defense in 1947. It was applicable to all members
of the armed forces, all retired personnel, and civilians working
for the armed forces who committed crimes or offenses of a military
nature or in violation of military regulations. Military trial
courts operating under the authority of the Ministry of Defense
and Aviation had jurisdiction over personnel subject to the code.
Crimes in violation of the sharia, however, were under the jurisdiction
of sharia courts.
A military trial court consisted of officers who had to be senior
to the defendant if an officer were to be tried. The court included
a president and four other voting members, plus a legal adviser,
an attorney representing the government, and an attorney representing
the accused. Trial procedures were direct and uncomplicated, and
trials were conducted in a manner intended to protect the rights
of the accused. The burden of proof was on the government. A case
was brought to trial only after a thorough and impartial investigation,
after which a complete report of the alleged crime or incident
was submitted to the military commander having jurisdiction, who
then could recommend either trial or dismissal of charges. The
court's decision could be invalidated or a sentence commuted by
the minister of defense and aviation or the king for irregularities,
omissions, evidence of prejudice, or evidence that pressure had
been brought to bear. The king and the minister had sole power
of review of sentences imposed by military trial courts, and,
subject to their concurrence, the judgments of the courts were
final.
Punishable offenses under the Code of Military Justice were classified
as felonies, misdemeanors, or disobediences. Felonies and misdemeanors
were subject to trial, and upon conviction a defendant could be
sentenced to severe punishment or to disciplinary punishment as
prescribed by the court. Disobediences were less serious offenses
and were punishable administratively.
Felonies punishable under the military code included high treason
against the kingdom and disloyalty to the king or to the armed
forces. Severe punishments were prescribed for those found guilty
of such crimes. Military misdemeanors meriting the imposition
of disciplinary punishment included such acts as misbehavior that
brought discredit on the armed forces, misuse of authority, misuse
of military funds or equipment, agitation to leave the service,
and violation of military regulations and directives. Disciplinary
punishments ranged from forfeitures of pay and allowances for
from one to three months to imprisonment for up to eighteen months.
Disobedience and failure to obey orders were punished administratively.
Punishments, which ranged from forfeiture of one day's pay and
imprisonment for twenty-four hours to imprisonment for forty-five
days, were scaled according to the seriousness of the offense
as prescribed in the Code of Military Justice.
Data as of December 1992
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