Arrested for Drugs in Saudi Arabia: Detainee Rights and Lawyer

A young man calls his family in the evening to say he is detained in a drug case, and then the call is cut off. The family's first questions: does he have a right to a lawyer now? When will he be brought before the investigator? The direct answer: the Law of Criminal Procedure gives the detainee the right to know the reason for his detention immediately, to contact whoever he wants to inform, and to have a lawyer from the investigation stage. He may not be held by the arresting officers for more than 24 hours without a written order from the investigator, and the investigator must question him within 24 hours of his arrival and then decide to detain or release him.

Can anyone be detained without a legal basis?

No. The first rule that protects you is that detention is not an open-ended measure. Article 2 of the Law of Criminal Procedure states that no person may be arrested, searched, detained or imprisoned except in the cases set by law, that detention may only be in the places designated for it, and only for the period set by the competent authority. The same article prohibits torturing the arrested person, treating him in a degrading way, or harming him physically or mentally. These are general rules, so they apply to drug cases as they apply to others.

Except when caught in the act (in flagrante), you may not be arrested or detained without an order from the competent authority, under Article 35. A detention centre does not accept anyone without a reasoned order with a set period signed by the competent authority, and may not keep him after the period in that order ends, under Article 37.

What happens in the first hours after arrest?

If you are arrested in the act, the law sets short deadlines for what comes next. Their purpose is that you are not held without an investigator looking at your case:

• The criminal investigation officer writes a report and informs the investigating authority immediately. He may not keep you detained for more than 24 hours without a written order from the investigator (Article 33).
• The officer hears your statement immediately. If there is enough evidence against you, he sends you with the report to the investigator within 24 hours (Article 34).
• The investigator must question you within 24 hours, and then order your detention or release (Article 34).

Article 20 of the Implementing Regulations explains how this is counted: the officer's deadline starts from the time of arrest, and the investigator's deadline starts from the time you reach him.

Do you have the right to know why you were detained?

Yes. Article 116 requires that every person arrested or detained is informed immediately of the reasons. Article 22 of the Implementing Regulations sets out what you must be told on arrest or detention:

• The reasons for your arrest or detention.
• Your right to have an agent or lawyer during the investigation and the trial.
• Your right to contact whoever you want to inform.

You will be asked to sign to confirm you were told these rights. Article 81 of the regulations requires the reason for arrest or detention to be written in the record, with your signature confirming you were informed. Read what is presented to you before you sign. If you do not understand something, ask for it to be explained, and if Arabic is not your language, ask for an interpreter.

Can a detainee contact his family in Saudi Arabia?

Yes. The right to contact whoever you want to inform is set out in Article 116, under the supervision of the criminal investigation officer. The method of contact is decided by the officer or the investigator according to the circumstances of the case, as Article 23 of the regulations says. So the law guarantees the contact itself and leaves the method to the person handling the procedure.

If you are a public employee, Article 23 of the regulations also regulates informing your employer of your detention.

Can you have a lawyer during the investigation?

Yes. Article 4 gives every accused person the right to have an agent or lawyer defend him during the investigation and the trial. The investigator may not separate you from your agent or lawyer who is present with you during the investigation (Article 70).

Detention does not prevent you in practice from appointing a lawyer. If you cannot go to a notary, Article 71 of the Implementing Regulations allows the investigator, when needed, to record your power of attorney for your lawyer in a special record. This helps the detainee's family a lot, because they are usually the ones who find the lawyer and deal with him.

If the charge is one of the major crimes that require detention, which the Attorney General specifies and publishes in the official gazette (Article 112), the accused must appear in person before the court. If he cannot afford a lawyer, he may ask the court to appoint a lawyer for him at the state's expense (Article 139 of the law and Article 96 of the regulations).

Are drug cases among these crimes? The list in force was issued by Attorney General's Decision No. (1) dated 1/1/1442H and published in the local press in 25 items. It does not list drugs as a separate item, but it covers every crime punishable by law with more than three years in prison. This includes smuggling, dealing and possession for dealing (Articles 37 and 38 of the Anti-Narcotics Law, where the minimum prison term is five years), and traffic accidents while driving under the influence of drugs that cause death or an injury taking more than 21 days to heal. Drug use under Article 41, where prison does not exceed two years, is not included on this basis, except for shabu (methamphetamine): Attorney General's Decision No. (110) dated 1/9/1446H adds every connected offence, including use and possession for personal use, to the major crimes. In major crimes the investigator must detain the accused if the evidence against him is sufficient (Article 113).

The investigator may order that you be prevented from contacting other prisoners or detainees, and that visits be stopped, if the investigation requires it, for up to 60 days under Article 119. But the same article keeps your right to contact your agent or lawyer, and Article 82 of the regulations states that this contact takes place with the investigator's knowledge.

Can you be forced to answer during questioning?

No. At your first appearance before the investigator, your personal details are recorded and you are informed of the charge against you (Article 101). Article 102 requires questioning to take place in conditions that do not affect your free will when giving your statement. You may not be made to take an oath, and no coercion may be used against you.

If you were pressured or threatened while giving your statement, tell your lawyer the details as soon as possible. He will decide how to raise it before the investigating authority or the court.

How long can detention last in a Saudi drug case?

The first detention order may not exceed five days from the date of arrest (Article 113). Any extension after that needs a new order under Article 114, which sets a total of forty days from arrest for the first stage, then further periods of not more than thirty days each, with a total of not more than 180 days. Anything beyond that, in exceptional cases, requires the court's approval. You may object to the detention order or its extension. The objection is submitted to the head of the investigation department or the branch head, as applicable, and is decided within five days (Article 115). If there is no longer a reason to keep you detained, the investigator may release you at any time, on his own initiative or at your request (Article 120).

Who supervises the place of detention?

A detainee is not left to the administration of the place alone. Article 38 of the law requires competent members of the Public Prosecution to visit prisons and detention centres at any time, outside official hours, to make sure no one is detained unlawfully, to review the records and to hear detainees' complaints. Every detainee may submit a written or verbal complaint to the head of the detention centre at any time and ask for it to be sent to the Public Prosecution. The head must accept it immediately and give him proof of receipt (Article 39).

No public officer may contact a detainee inside the detention centre without written permission from the investigator, under Article 118 of the law. If the detention period ends and no extension order arrives, Article 24 of the regulations requires the detainee to be released immediately.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for the detainee and his family

If you are the detainee:

• Ask to know the reason for your detention and the charge, and sign only to confirm you were told after reading it.
• Ask to contact your family and your lawyer. This is a right set out in Article 116.
• Do not sign statements that were not read to you or that you did not understand. You may ask for your refusal and its reason to be recorded.
• If you face any pressure or coercion, tell your lawyer the details and the timing at the first opportunity.

If you are the detainee's family:

• Find out the place of detention, the authority handling the case and its number.
• Appoint a lawyer early. The power of attorney can be recorded before the investigator if going to a notary is not possible.
• Prepare proof of his address and work. This is considered when asking for release.
• If detention continues without a reason, ask through the lawyer to object or to request release under Articles 115 and 120.

The first hours and days after detention affect the whole course of the case. Contact us confidentially on WhatsApp, and we will explain the detainee's rights and what can be requested at this stage.