INJUSTICE

                              

NOTE: This story is based on real-life incidents that happened in Saudi Arabia. Even though this case happened in Saudi, it gained attention from many countries and created a big impact on people’s heart. In fact this story is different from all my previous stories that I have so far written in my career. It’s one of my most controversial and famous story with emotional depth.

DISCLAIMER: Before writing this story, I will say a thing and start. I heard many people saying, “These people should be punished according to the rule of Saudi Arabia. Saudi is the correct place for them.” Like this you might have read a lot of comments somewhere. Even you might have commented like that. But after reading this story fully, I will leave the answer to you whether Saudi government did the right thing.

MAY 22, 2005

DAWADMI, SAUDI ARABIA

Normally in Western and Middle eastern countries, at that time to look after their children it was a habit to hire a nanny and most of them is from other countries due to their family situation. They have to come to save their family.

Likewise a couple called Mr. and Mrs. Naif khalaf Al otaibi, to look after their four months old child, they had a maid girl Rizana at home. That afternoon as usual Rizana was taking care of the baby. She was feeding the baby with a bottle.

The time is around 12.30 in the afternoon. When Rizana was feeding the milk suddenly the child suffered to breathe. The baby choked and the milk came out through the baby’s nose and mouth. Rizana didn’t expect that . She began to fear and started to shout for help.

Along with that she tapped baby’s neck and chest and tried to calm the baby. While doing that the baby also became calm. Exactly at the same time Mrs. Naif came there. She saw a scared Rizana with the baby in her hand.

Mrs. Naif saw the baby motionless in Rizana’s hand. She thought that Rizana killed her baby. Because the baby was dead. Mrs. Naif beat Rizana lots of time for killing her baby. Before this happened, there was a small argument between Rizana and the baby’s mother. Because of that argument she strangled Mr. and Mrs. Naif’s child. Like this Mr. Naif gave a complaint to the police.

After that the police came there, arrested and dragged Rizana to the police station unwillingly.

(Now all of you might got the question who is the perpetrator in this case. To find the answer for that question first who is this Rizana? What happened after her arrest? You should know everything. What is the reason it was talked in lots of countries?)

FEBRUARY 4, 1988

It was February 4, 1988. In Muttur village of Triconmalee, Srilanka, Rizana Nafeek was born in a poor family. Rizana’s father is a wood cutter. Since his income is very low, they were leading their life by selling milk. But when Rizana’s brother and sister were growing up the expenses became high. At that time since the civil war was going on, her father couldn’t go to the forest for cutting woods.

Hence, they stopped Rizana from school education. To ease the burden of the house she was in a situation to go abroad as a maid. But none of them would have dreamt that it will become a huge pain.

It was May 4, 2005. Rizana came to Saudi Arabia as a maid. She worked as a nanny at Mr. and Mrs. Naif’s house for only 2 weeks. At the end of the second week the child died. After police arrested Rizana(at present), to get a statement from her that she was the one who strangled the baby to death, they took her into custody.

Under custody, Rizana was tortured, beaten and forced inside the station. When police investigated her in the police station, they didn’t even have a proper translator.

Rizana who knows only Tamil, said that her confession statement was given in Arabic. New place, unknown language, what will she do? At one stage fearing for life Rizana kept her fingerprint in the confession statement given by the police. Since, she didn’t know to put a signature.

Without knowing the language and in the place where no one is there to help, Rizana was in fear. Since the police tortured her. Since she was under persuasion she confessed like that. She said in each interrogation after that. Even though the police got evidence from Rizana itself. That is the confession statement in which she kept her fingerprint.

Now the police want the case closed. They are not going to avoid or change the evidence. Since Rizana was charged she was produced in Dawadmi High Court. Even at that time she was not allowed to speak with the lawyer. She doesn’t know the language. She cannot understand what they were talking. Since the educated people itself cannot argue in the court what can she speak in the court?

The only language she knows is Tamil. The first statement which Rizana signed, turned into an important evidence against her in the court. Here in India there is a law that confession made to the police is not valid in the court. But there we don’t know how it is. Since if we take the confession we say to the police is valid, then the police can prove anyone as a criminal.

Now Rizana’s lawyer doesn’t have any evidence to argue against that evidence. Usually if a murder happens in Saudi, the capital punishment given by the Saudi Government is death sentence. According to that for killing the 4 month old baby of Mr. and Mrs. Naif, Rizana was also given death sentence by the court.

When everyone was thinking that no one will stand for Rizana, a new way started in this case. The news that Rizana was accused for the murder she didn’t do, started to spread throughout the world in all the countries. Hearing this Fernando Basil(a Sri Lankan man), the leader of Hong Kong’s Human rights group, thought that he should get justice for Rizana. For that he hired Kateb Al Shammari, Saudi’s one of the most experienced lawyer. They appealed against Rizana’s conviction.

Even after the conviction Rizana couldn’t approach any lawyer. But now she got a lawyer. It gave her some belief and ho

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pe. Meanwhile, the Sri Lankan government requested the king of Saudi to forgive Rizana.

At the same time in 2008(3 years after the incident), Rizana’s lawyer got some strong points to argue for her. Like I said Rizana was born on February 4, 1988. She came to Saudi Arabia as a maid on May 4, 2005. At that time her age was 17. In both Sri Lanka and Saudi, person below 18 years of age are not allowed to work abroad. When Kateb searched how Rizana went there, the country came to know that DOB was changed in her passport. To send Rizana abroad they gave money to agents and changed the year of birth from 1988 to 1982 in the passport.

On the day of incident Rizana was not 18 years old. Only with Rizana’s statement police said that she committed murder. But there is no other evidence for that. Even though Rizana committed murder she is only 17 years old. Since she is a minor. As an evidence Kateb submitted her birth certificate in the court.

According to child rights, if they commit a murder when they are a minor, there is a law that they should not be given death sentence. Rizana applied for household works. But without child training she was asked to take care of a child. If a child is choked, there is no way that 17 year old Rizana would know what to do. Kateb argued that the incident was a complete accident.

When Rizana’s lawyer Kateb was doing what he can do, on the other side Rizana’s parents continuously apologized to Saudi king. But Saudi’s legal experts said: “There is only one way for Rizana to come out of this case. Only if Mr. and Mrs. Naif forgive her, it is possible. Only then she can escape from the punishment. Nothing is going to change other than that.”

Rizana’s parents to ask forgiveness from Mr. and Mrs. Naif, even though they were in a poor financial condition, they arranged some money. They went to Saudi Arabia from Sri Lanka for their daughter. Since Rizana’s whole family is asking for forgiveness, definitely the parents will forgive them. Like this the whole family was waiting for good news.

But like destroying their belief, not only the dead child’s parents refused to see Rizana’s parents, they refused to give forgiveness to Rizana too. Since the dead child’s parents refused to give forgiveness to Rizana, a news came that her death sentence will be done soon.

In 2007, death sentence was given to Rizana. Saudi’s supreme court officially confirmed it on October 25, 2010. Despite the verdict, Rizana’s parents continuously requested the Saudi King for forgiveness to their daughter. The Sri Lankan government also asked forgiveness for Rizana. But there was no improvement in Rizana’s case.

At one stage all the petition given by Rizana’s parents were declined by Saudi’s supreme court. How much ever they pleaded Rizana didn’t get any forgiveness till the end. But all the petition rejected by the supreme court, and confirming the death sentence of Rizana, like this nothing was informed to Rizana who was in jail.

In fact at any time she might be executed. But Rizana who believed that she will go to her homeland somehow doesn’t know it.

When Rizana is in jail, the only person who visited her every month, Kefaya Iftikar. He is a dental doctor from Sri Lanka, who was working in Saudi. She said: “Rizana believed that she would win this case for sure.” Whenever Kefaya went to jail each time, she let her speak with her parents. Like this years passed.

JANUARY 6, 2013

Until a proper peace between Rizana’s family and the dead child’s parents, Sri Lanka government requested Saudi’s king to delay Rizana’s execution.

THREE DAYS LATER

JANUARY 9, 2013

Three days later, Kefaya meanwhile went to jail to see Rizana. But the prison guards didn’t allow her.

The prison guards said: “You can’t see Rizana today.” They told her to come the next day or after. Kefaya also left the place. But when she went again, Kefaya came to know that Rizana was already executed. Hearing this she was very sad.

Kefaya couldn’t able to say this to Rizana’s mother. She called a friend of one of her family and said: “Sorry sir. We have lost her.”

In her 25 Saudi government executed her by beheading. Not only Sri Lanka, but the people from all over the world couldn’t accept it.

Rizana was a minor when the incident happened. But the Saudi government gave her death sentence. Most of the countries condemned that it was the violation of International Child law.

“Saudi Arabia gave death sentence to Rizana by violating the human rights law. They handled this case in an improper manner.” Like this it was criticized by lot of human rights organization. Sri Lankan government also condemned this act of Saudi Arabia.

But Saudi Arabia said only one answer for all this. They told the media: “Nothing is in our hands. The dead child’s parents Mr. and Mrs. Naif, without their forgiveness we can’t do anything.”

Rizana’s mother requested to send her daughter’s body to Sri Lanka. But it was also declined. In that sadness she didn’t even get the money offered by the Saudi government. But on behalf of Sri Lankan government a particular amount was given to her family. To both the agents who sent her abroad by faking her DOB, Sri Lankan supreme court gave them 2 years of imprisonment.

Through this controversial Rizana Nafeek case, the difficulties of labor who are working in abroad came to light.

EPILOGUE

So Readers. Now tell me, it is the same question I asked at the beginning of the story. We always say that punishment should be given like Saudi. What is your opinion about this? A 17-year old girl who doesn’t know what to do if a child get choked, that too in a place where she doesn’t know the language how much she might be scared? How much difficulties she might have gone through? You should only say whether the punishment given to Rizana is justice or not? That child’s parents might have forgive her if they thought a little. But as always a poor is rich by heart and a rich is always poor by heart. It made us realize strongly. I think you would understand what I said. Don’t forget to comment your opinions about this.