Judicial sources confirmed to Okaz that the Saudi judiciary system handled cases through which judges are held accountable, discontinue them and dismiss them from their jobs, and the decisions of the Supreme Council to hold judges accountable and refer them to the Disciplinary Committee and dismiss them are confidential, and that the system in its articles from 58 to 69 dealt with these cases. Disciplinary judges shall be within the jurisdiction of a department formed in the council from 3 full-time judges, and its decisions shall be issued by a majority, and it shall not be final except after the approval of the council. Whereas, the head of the Judicial Inspection Department or his representative files a disciplinary suit – before the disciplinary department – at the request of the president of the Supreme Judicial Council, either on his own initiative or on the proposal of the president of the court to which the judge follows.The same sources indicated that the request is submitted only on the basis of a criminal or administrative investigation undertaken by a judge on the condition that his rank is not less than an appellate judge, and the claim sheet must include the violation and supporting evidence, and the department issues its decision to invite the judge to appear before it, and the disciplinary department may after approval The Supreme Council of the Judiciary shall conduct whatever investigations it deems necessary, and it may assign one of its members to do so, and the system stipulated that the assignment of attendance must include an adequate statement of the subject matter of the case and evidence of the violation.
The disciplinary department may, upon deciding the progress of the case procedures, and after the approval of the Supreme Judicial Council, order the suspension of the judge from carrying out his duties until the trial ends, and the department may at all times reconsider the suspension order. The disciplinary case shall lapse upon the resignation of the judge, and there shall be no effect on the criminal or civil lawsuit arising from the incident itself.
The same sources stressed that without prejudice to the impartiality and independence of the judiciary, and the Supreme Judicial Council’s right to supervise the courts and judges and their actions, the president of each court will have the right to supervise its judges and the right to alert them to what is in violation of their duties or the requirements of their jobs after hearing their statements. The alert shall be verbal or written, and in the last case, a copy of it shall be sent to the Supreme Judicial Council. The judge may object in writing to the council, in writing, of the notice issued to him in writing within 15 days from the date of notification. If the violation is repeated or continues, he will be disciplined.
What happens in the event of flagrante delicto?
The former judge at the Jeddah Criminal Court, Turki Al-Qarni, believes that the system confirmed that the case sessions are confidential, and the disciplinary department rules after hearing the judge’s defense, and he has the right to present his defense in writing, and to delegate a judge to defend him. The Department always has the right to request his presence in person, and if he does not appear and does not mention anyone, the judgment may be passed in his absence after verifying the validity of his notification. In the event that he is in possession of a crime, he must submit his order to the Supreme Judicial Council within 24 hours of arrest. The Council may decide to either continue his detention or release him on bail or without bail. The council shall determine the detention period, and the aforementioned procedures shall be taken into account whenever the continuation of the detention is seen after the expiry of the period decided by the council.
And the quran judge adds that, except for the aforementioned, it is not permissible to arrest a member of the judicial corps or take any action to investigate him or file a criminal lawsuit against him except with the permission of the council.
8 cases of termination
The head of the Personal Status Court in Rabigh, formerly the advisor of the Takamol Initiative for Legal Aid, Sheikh Abdullah Al-Saadi, said that Article 65 of the judicial system required that the ruling issued in the disciplinary case for the judges include the reasons on which it was based, and that its reasons be read when pronounced in a secret session, and the ruling is not Subject to appeal. He pointed out that disciplinary penalties that may be imposed on a judge are to blame and end service. While an order to implement the termination of service is issued, and the blame penalty is issued by a decision of the President of the Supreme Judicial Council. The service of a member of the judiciary ends in 8 cases: reaching the age of seventy, death, acceptance of his resignation, acceptance of his request to refer to retirement according to the civil retirement system, his lack of competence in the judiciary in accordance with the provisions of Article forty-four of the judicial system, his inability to start his work after the expiration of sick leave, Or, to show at any time that his illness cannot properly do his job, get a lower-than-average estimate in the Competency Report 3 times in a row, end his service for disciplinary reasons.