Stop sending debtors to jail

IMPRISONMENT is a hard, ugly and hateful penalty, but it may well be an unavoidable option when a crime has been committed. However, imprisonment for debt is a matter that deserves renewed attention. Saudi jails are overcrowded with people who have been imprisoned for debt, and it is anticipated that the number of such prisoners will increase in the future.

The government has sought to create solutions to this problem such as the Committee of Settlement at the Directorate General of Prisons and the Committee of Patronage of Prisoners in the several governorates of the Kingdom, in addition to the establishment of charitable societies to address the growing problem of personal debt, but unfortunately none of these address the overall problem. What is necessary is an analysis of why people are deprived of their freedom, livelihood, and contact with their families simply because they failed to properly manage their personal finances. In addition to an assault on one's dignity and disrespect of his person, in most cases there is no societal benefit to throwing people into prison for debt.

In fact, it is likely that imprisoning debtors exposes them to violent criminals who can negatively influence their character. Indeed, there is a real possibility that we are inadvertently breeding new criminals by imprisoning debtors who have committed a victimless offense. If they are imprisoned, they have no meaningful expectation of paying their creditors and their time in prison is only meant to punish them. Imprisonment does not address the bigger problem of improper debt management. Throwing any human being in prison causes much damage as his mere imprisonment is a first step in converting him to the life of a common criminal or, at a minimum, crushing his spirit so that he becomes psychologically and mentally ill and ends up as a burden on our communities or worse.

Additionally, the debtor's family loses his contributions as a provider when he is in prison after he loses his job and his income. What possible benefit is there to punishing the members of his family by denying them his financial support when he is incarcerated? Not only is the debtor punished, but so is every member of his family. And when he is released from prison, the debtor often returns a changed person with psychological problems that invariably hurt all members of his family. Consider the effect upon family members when they have to face their friends and acquaintances who condemn their imprisoned family member. How can there be any justification for this? What if the released prisoner is not rehabilitated and now turns to a life of crime? How does this help Saudi society?

No, it is long past the time when we should cease imprisoning debtors in the Kingdom. In addition to the harmful effects of the present policy on the debtor and his family, the country also suffers by having to bear the cost of imprisonment. Currently, the Saudi government spends over SR11,000 every month to maintain one prisoner.

More important, this policy violates international standards of human rights. The practice of imprisonment for private debt is a human rights violation; it is an "arbitrary detention" prohibited by Article 9 of the Universal Declaration of Human Rights. Further, the Arab Charter on Human Rights, which came into effect during the past three years, contains a similar prohibition. Imprisonment for debt also appears to be outlawed by the International Covenant on Civil and Political Rights, which plainly prohibits imprisonment merely on the grounds of inability to fulfill a contractual obligation.

It is now time to abolish the penalty of imprisonment for debtors, except for criminal cases of fraud, theft, robbery, bad checks and expenses paid for child support. An immediate law should be passed in this regard so that our country can join other nations in fashioning more appropriate remedies when one fails to pay his creditors. Although there will be those who are adversely affected if such a law is passed, it is certain that this will be less than the damage which results from incarcerating debtors.

It is also time that creditors bear their responsibilities through the creation of mechanisms in commercial dealings with others, instead of relying on imprisonment that negatively impacts society as a whole. There are several alternative solutions. Legal confiscation of movable or immovable assets to satisfy the underlying judgment, forbidding the debtor from leaving the country, freezing the debtor's bank accounts, taking a part of the debtor's wages to apply to the unpaid debt, and denying the debtor governmental privileges until the debt is fully paid are all possible solutions to this problem without the need to imprison the debtor.

Certainly, the issue of a law providing for the abolition of the penalty of imprisonment requires reforms in existing laws such as the bankruptcy and insolvency law and other laws that protect the rights of people. Overall, legal reform in this area is required in order to accomplish this worthwhile goal.

Our legislators need to end this inhuman practice immediately and strive to maintain our image as a civilized and humanitarian nation. There is no acceptable rationale for the continuance of this practice in the 21st century.

- Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at khalid@lfkan.com

By DR. KHALID ALNOWAISER | ARAB NEWS

Stop sending debtors to jail

IMPRISONMENT is a hard, ugly and hateful penalty, but it may well be an unavoidable option when a crime has been committed. However, imprisonment for debt is a matter that deserves renewed attention. Saudi jails are overcrowded with people who have been imprisoned for debt, and it is anticipated that the number of such prisoners will increase in the future.

The government has sought to create solutions to this problem such as the Committee of Settlement at the Directorate General of Prisons and the Committee of Patronage of Prisoners in the several governorates of the Kingdom, in addition to the establishment of charitable societies to address the growing problem of personal debt, but unfortunately none of these address the overall problem. What is necessary is an analysis of why people are deprived of their freedom, livelihood, and contact with their families simply because they failed to properly manage their personal finances. In addition to an assault on one's dignity and disrespect of his person, in most cases there is no societal benefit to throwing people into prison for debt.

In fact, it is likely that imprisoning debtors exposes them to violent criminals who can negatively influence their character. Indeed, there is a real possibility that we are inadvertently breeding new criminals by imprisoning debtors who have committed a victimless offense. If they are imprisoned, they have no meaningful expectation of paying their creditors and their time in prison is only meant to punish them. Imprisonment does not address the bigger problem of improper debt management. Throwing any human being in prison causes much damage as his mere imprisonment is a first step in converting him to the life of a common criminal or, at a minimum, crushing his spirit so that he becomes psychologically and mentally ill and ends up as a burden on our communities or worse.

Additionally, the debtor's family loses his contributions as a provider when he is in prison after he loses his job and his income. What possible benefit is there to punishing the members of his family by denying them his financial support when he is incarcerated? Not only is the debtor punished, but so is every member of his family. And when he is released from prison, the debtor often returns a changed person with psychological problems that invariably hurt all members of his family. Consider the effect upon family members when they have to face their friends and acquaintances who condemn their imprisoned family member. How can there be any justification for this? What if the released prisoner is not rehabilitated and now turns to a life of crime? How does this help Saudi society?

No, it is long past the time when we should cease imprisoning debtors in the Kingdom. In addition to the harmful effects of the present policy on the debtor and his family, the country also suffers by having to bear the cost of imprisonment. Currently, the Saudi government spends over SR11,000 every month to maintain one prisoner.

More important, this policy violates international standards of human rights. The practice of imprisonment for private debt is a human rights violation; it is an "arbitrary detention" prohibited by Article 9 of the Universal Declaration of Human Rights. Further, the Arab Charter on Human Rights, which came into effect during the past three years, contains a similar prohibition. Imprisonment for debt also appears to be outlawed by the International Covenant on Civil and Political Rights, which plainly prohibits imprisonment merely on the grounds of inability to fulfill a contractual obligation.

It is now time to abolish the penalty of imprisonment for debtors, except for criminal cases of fraud, theft, robbery, bad checks and expenses paid for child support. An immediate law should be passed in this regard so that our country can join other nations in fashioning more appropriate remedies when one fails to pay his creditors. Although there will be those who are adversely affected if such a law is passed, it is certain that this will be less than the damage which results from incarcerating debtors.

It is also time that creditors bear their responsibilities through the creation of mechanisms in commercial dealings with others, instead of relying on imprisonment that negatively impacts society as a whole. There are several alternative solutions. Legal confiscation of movable or immovable assets to satisfy the underlying judgment, forbidding the debtor from leaving the country, freezing the debtor's bank accounts, taking a part of the debtor's wages to apply to the unpaid debt, and denying the debtor governmental privileges until the debt is fully paid are all possible solutions to this problem without the need to imprison the debtor.

Certainly, the issue of a law providing for the abolition of the penalty of imprisonment requires reforms in existing laws such as the bankruptcy and insolvency law and other laws that protect the rights of people. Overall, legal reform in this area is required in order to accomplish this worthwhile goal.

Our legislators need to end this inhuman practice immediately and strive to maintain our image as a civilized and humanitarian nation. There is no acceptable rationale for the continuance of this practice in the 21st century.

- Dr. Khalid Alnowaiser is a Saudi lawyer and columnist. He can be reached at khalid@lfkan.com