Qatl - the term in Arabic used in sharia law to refer to the crime of murder or homicide.

Criminal Case numbering Scheme

Each type of case has its own numbering scheme. The numbering format looks like this
XXX - Code / XXXX  or  Code / XXXX.

For example

Case number 454 -1/4911, the code is 1 which is for murder.
Case number 1/4911, the code is 1 which is also for murder

The example case numbers are the same but it is more appropriate to record all the numbers like the first example. If the accused is acquitted he can file for compensation. It will be hard to locate his files if all the case numbers are not recorded.

Case Number Code - for common cases that involve OFWs:

1 - Qatl (Murder, suicide or a life lost by accident)
2 – Theft
3 - Love Cases
4 - Drugs
5 - Pork Selling, Whiskey
6 - Money
7 - Embezzlement

Category of Qatl Cases

Now, let us tackle Qatl or commonly translated in the English language as "murder cases". There are four common Categories of Qatl cases.

1. Qatl Al-Amd (intentional murder)
2. Qatl Al-Shabih Al-Amd (non-intentional murder)
3. Qatl Al-Khata (accident)
4. Qatl al-Nafs (Suicide or self murder)

In Philippines, we have first-degree murder, we have second-degree murder, we have self defense and we have suicide. We don't call an accident as a murder case. We have accident resulting to homicide. In Saudi Arabia these are all considered Qatl cases.

3 Types of Punishments under the Sharia law

1. Hudud - these are punishments that are fixed by the Quran and Sunna. This is commonly called "Crimes committed against God". These cannot be changed by any judicial authority. Hand amputation, lashing, life imprisonment and stoning to death are the punishments. These are only limited to some crimes though.  Proof against the accused must be established by confession of four witnesses to the act. Blasphemy, Rebellion or Highway Robbery are subject for hudud and capital punishments.

2. Qisas – This is called retaliation or retribution to personal crimes like murder and assult. Like Hudud, Qisas is also part of the Sharia. The aggrieved family may ask for RETALIATION or diya (blood money). The court has no initial sentencing role but they may have a residual role in some circumstances. The King has always the power to pardon an accused with Qisas punishment.

3. Tazir or Tazirat – is equivalent to common law sentencing. Every accused person is judged on an individual basis, according to the seriousness of the crime and the repentance of the accused. There is a list of crimes and their corresponding punishments. The sentence is specified in a written form. The punishment is still subject for appeal or reconsideration in the Governor's Office.

Cases Analysis - we will try to analyze some Qatl cases

Pedro Jamil Mabanto -  Qatl Case
(The importance of the medical reports that state that Benjamin Cruz died of natural cause)

 Identify what type of Qatl case

-  Without the 2 medical reports, the case could be either Qatl Al-Amd or Qatl Al-Shabih Al-Amd -
-  With the 2 medical reports, this case could be Qatl Al-Khata

Identify what type of Punishments

-Without the medical reports and if the judge will consider the statements of the two witnesses. Then this case can be considered as either an intentional murder or unintentional murder.

For intentional murder, this will be subject for Qisas with capital punishment.  For unintentional murder there will be a lesser Qisas but not a capital punishment. The aggrieved family has the right to demand for a blood money. The judge will check the demand of the aggrieved party, the case will be subject for Tanazul and Jamil will be given a deadline to pay for the amount.

-With the 2 medical reports and if the judge will consider Jamil’s statements that he and Benjamin Cruz had only a verbal argument; Then this will be considered an accident. The punishment will be Tazirat, which means that it is not subject capital punishment. Jamil will be obligated to pay a blood money though. The computation will be like that of social insurance.  (almost same computation of blood money for deaths caused by traffic accidents, and work related accidents since all these are in compliance with the Sharia)

-With the 2 medical reports, there is also a big possibility for acquittal and Jamil has the right to file for a compensation for the 3 years staying in jail. If the medical reports were submitted early by our dear embassy.

This case is no different than that of Ricky Cebanico, case number 4828- 1/4759. Ricky accidentally turned a machine on without knowing that a Filipino was inside. Eliseo Mallari had a road accident where another driver was killed. At first it was considered a qatl but after it was confirmed to be an accident the case now is Money (Code 6).

For Ricky Cebanico, the judge sentenced him to one year jail term. Ricky already had languished in Jail for three years before the decision was made. Therefore, he is entitled for compensation under Article 217 of the law of Criminal Procedures of KSA.

Edison Gonzales, Roland Gonzalez, and Eduardo Arcilla (Jeddah Chop-chop Case)

Type of Qatl

- The barbaric type of killing and throwing the dead bodies in the desert, this case is considered to be Qatl al-Amd (Intentional Murder).

Type of Punishment

- It was already published in many newspapers that the three were sentenced to capital punishment for the murder. I presume that the punishment is Qisas for the three accused.
- Though I suggest that the Philippine consulate must have a copy of the court’s decision just to make sure that this is not Hudud.

Resolution 

-  Forgiveness from the victim’s family
-  Pardon from the King

To do

1. If the punishment is confirmed to be a Qisas, then the Philippine Government must now lead the reconciliation process between the families of the accused and the families of the victims.
2. The accused must behave in the Jail; if possible become a dedicated Muslim. Honest Repentance.

Not to do:

1. Seeking attention in the media and shouting “Not Guilty” will just make the victim’s family not to forgive the three accused. The families of the victims surely had done their own investigations. How can they forgive if the accused keep telling in the media that they are innocent?
2. Shouting of torture will only worsen the situation. Take note that the King has the power to pardon.

Similar Cases

The case can be likened to the case Pancho Toronayba for the death of Mitchel Joseph Montecino.  The body of the late Mitchel Joseph Montencino was chopped into three parts and was dumped in different places in Riyadh. Pancho is now detained in Al Malaz but won’t tell anything about his case.

Another Filipino to Filipino case is the case of Rogelio Nopal Monia for stabbing and for the death of Marlon Delizo. This will be for Qisas and hopefully the Delizo Family will forgive. The Center for Migrant Advocacy has contacts with the Delizo Family.

Filipino Vs Other Nationality – Rodelio Lanuza

Type of Qatl

 Qatl Al-Amd (intentional murder) – Although Dondon claimed that it was a self defense, the number of wounds found in the victim’s body made this case as intentional murder.

Type of Punishment

Qisas – There is the decision in the Lower Court

Resolution

-  Forgiveness from the victim’s family
-  Pardon from the King

To do

1.Behave in the Jail; if possible become a dedicated Muslim and show honest Repentance.

Not to do:

1.Seeking attention in the media and using “homosexuality issue” will just make the victim’s family not to forgive. How can they forgive if the accused keeps insulting the family with the issue of homosexuality?
2.Exposing Dondon’s mobile number and email addresses in the internet will reflect his records in Jail. The punishment for possessing a mobile phone is incarceration and sometimes with lashes. Migrant groups must refrain from posting Dondon’s mobile phone and email address in their websites.

Resolution:

1.Dondon should stop posting the details of his defense (issue of homosexuality) and the transcript of the court’s decision in the internet (websites, forums, emails), in the newspapers and in TV.  These will only insult to the victim’s family.
2.Dondon should also discourage migrant advocacy groups to post his mobile numbers and email addresses in their websites.

The tribe of the victims is known to grant forgiveness without asking for blood money (diya). If the family of the victim finds out that Dondon had behaved well then the family will grant him forgiveness. Dondon must also show that he honestly feels sorry for what he did to the victim.

The embassy must start with the reconciliatory talks with the victim’s family and Dondon must do what he ought to do now.

This case can be likened to that of Joven Esteva. Joven is accused of killing his employer and for the attempted murder of the employer’s son. Joven worked as a family driver. He claimed that he had an insomia and could not sleep for several weeks. He said that his employer was kind and had him treated in several clinics. He suspects that the insomnia or the effects of the medications could have triggered his violent behavior. We have the list of the hospitals, clinics and the medication that Joven took. Please contact the Center for Migrant Advocacy.

Filipino Vs Other Nationality - The late Fahad “Rey” Cortez

Type of Qatl

- Qatl Al-Amd (intentional murder) - stabbing the driver, taking his possession (the car), leaving the helpless dying driver in the road.

Type Punishment

- Qisas - Fahad could only be saved thru Tanazul, forgiveness from the victim’s family.
- Blood money should also be paid to the other driver whom Fahad had also stabbed when the other driver’s car hit the car that Fahad took from the first driver.

What was Fahad’s Defense?

The Pakistani driver attempted to rape him / forced to have sex with him which prompted him to stab the driver.

Validation

1.It is hard to believe that a rape attempt had happened inside a taxi, in a very busy road, in Al Malaz District which is in the heart of Riyadh City.
2.Rapable VS Unrapable

When Fahad’s story was published in the media, he was able to solicit support from some groups or individuals. Due to the wrong perception about Saudi Arabia, many people would believe Fahad’s story. 

The rape story was a hopeless defense that would only put Fahad’s life in danger. There are only two ways to forgive a person with Qisas punishment, the forgiveness of the victim’s family and forgiveness from the King.  

Who advised Fahad to use the Rape-attempt as his defense?

1.Is this one of Fahad’s statements during the Criminal Investigation?  (I don’t know)
2.An idea of the lawyer?  ( I don’t  know)

Please read a transcript of my conversation with one embassy staff :

Embassy staff: “Alam mo, gusto ko si dondon dahil mabait. Di pareha anang usa dinha, hmmp…”
Tasio: “Kinsa ba?”
Embassy staff: “Kinsa  pa ba,  di si Cortez!”
Tasio:  “Ngano man?”
Embassy Staff: Dili man na rape, droga man na gihimoan lang namo ug paagi na mahimong rape.

Is there any other way aside from using a rape or a rape-attempt as a reason for murder?

Drugs smuggling is punishable by capital punishment ( Kamatayan ang parusa ng pagdadala ng droga mula labas papasok sa KSA). Si Fahad ay hindi nagsmuggle ng drugs dahil nandito naman sya sa loob ng KSA. The punishment for carrying drugs is not death penalty. The jail term depends upon the amount of the drugs that the accused is carrying. We have so many Filipinos languishing in Al Hair Prison for drug cases but not one is sentenced with a capital punishment.

The “rape”, the “rape-attempt” or the “rapist” words had insulted the family of the victim. Homosexuality is “haram” and it’s an insult for a Muslim to be called a homosexual.

On that morning when Fahad was taken out from his cell, Jamil called us and he also called the ambassador. The ambassador thanked Jamil for the information. After ten minutes, the ambassador called and told Jamil that the embassy was already informed about Fahad’s execution before Jamil had called him.

A day later, this is the news headline “Filipino beheaded in Saudi for killing a Pakistani rapist”. (No, no that’s a racist remark)

All prisoners with Qatl case should be advised to issue a wakala (Special Power of Attorney) to the embassy. The ambassador once told me that “We are from the embassy and we can go to court without a wakala”.  Yes they can always go to the court and in jail once they get an approval from the Saudi Government thru the Ministry of Foreign Affairs. This procedure involves sending and receiving note verbal every time they want to visit a court or a jail. With the wakala, the accused will only issue once and the embassy staff that is granted with the wakala can follow-up his case in court or in the police station at any time.

Fahad became a dedicated Muslim and he even conducted lectures about Islam in Al Malaz Jail. Fahad was a changed person in his last days.

Suggestions:

Grievance Department - There must be a special department under the Philippine Government to accept complaints against any negligent government officials

Reconciliation Committee - A special committee or a department in the Philippine Government must be in-charged with the negotiation between the victim's family and the accused.

 May the Peace of Allah be with us all!

 Tasio Espiritu
June 30, 2008