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Foreign Prisoners in Saudi Arabia and the Right to Seek Justice

Foreign Prisoners in Saudi Arabia and the Right to Seek Justice

Many foreign nationals travel to Saudi Arabia hoping to improve their lives and lift their families out of poverty. They work across a wide range of sectors, from construction to domestic service. What legal protection is available when one of them faces a criminal accusation? Can a foreign worker harmed by a Saudi citizen take that person to court? Are there differences between the punishments imposed on Saudi citizens and foreign nationals?

In examining these questions, it is necessary to consider both the rights provided by Saudi law and the opportunities an ordinary foreign worker has to exercise them.

Significant Numbers of Pakistanis and Indians in Prison

Illustration: Significant Numbers of Pakistanis and Indians in Prison

Foreign nationals make up a substantial number of prisoners in Saudi Arabia. According to information provided by Pakistan’s Ministry of Foreign Affairs in November 2025, 10,745 Pakistani nationals were held in Saudi prisons. In a response to the Lok Sabha in March 2025, India’s Ministry of External Affairs stated that 2,633 Indians were in Saudi prisons.

These records show that significant numbers of Pakistanis and Indians are imprisoned in Saudi Arabia. India’s figures include both convicted prisoners serving sentences and people awaiting trial. A person’s imprisonment therefore does not, by itself, establish that they are guilty.

Nor can a large number of prisoners from a particular country alone justify a conclusion that its nationals commit more crimes. It is also necessary to consider how many people from that country live in Saudi Arabia, the allegations against them and how many cases have resulted in convictions.

Do Citizens and Foreign Nationals Receive the Same Punishment?

Illustration: Do Citizens and Foreign Nationals Receive the Same Punishment?

Saudi citizenship does not exempt a person from criminal proceedings. Saudi Arabia’s Law of Criminal Procedure states that punishment for an act prohibited by Sharia or the laws in force may be imposed only after guilt has been established through a proper court trial.

However, nationality can affect the consequences of a sentence. The law governing narcotics control provides a clear example.

Under Article 56 of that law, a Saudi citizen who has served a prison sentence for the relevant offences faces a foreign-travel ban after completing the sentence. A foreign national, by contrast, faces deportation after completing the sentence, together with restrictions on re-entering Saudi Arabia.

The consequences for a foreign worker therefore do not end with imprisonment. The worker may also lose their job, income and opportunity to continue living in the country.

Nevertheless, nationality alone cannot explain every difference in punishment. The nature of the offence, the acts proved, the circumstances of the case and the applicable law also influence the judgment.

Foreign Nationals Among Those Executed

Illustration: Foreign Nationals Among Those Executed

Foreign nationals account for a large proportion of people executed in Saudi Arabia for drug-related offences.

According to research by Amnesty International, approximately three-quarters of the 597 people executed for such offences between January 2014 and June 2025 were foreign nationals. Those recorded included people from Pakistan, Syria, Jordan, Yemen, Egypt, Nigeria, Somalia and Ethiopia.

The research goes beyond the numbers. It also documents shortcomings in access to lawyers, adequate interpretation and consular assistance in some foreign nationals’ cases.

It includes accounts in which individuals alleged that confessions had been obtained through torture.

When an irreversible punishment such as execution is carried out, a crucial question is whether the accused had a full opportunity to present their defence.

It is also necessary to examine how much opportunity a person has to defend themselves if they cannot even understand the charge being presented in court.

Can a Foreign National Bring a Case Against a Saudi Citizen?

Illustration: Can a Foreign National Bring a Case Against a Saudi Citizen?

A foreign national harmed by a Saudi citizen can seek legal redress against that person. Article 47 of Saudi Arabia’s Basic Law of Governance guarantees citizens and residents an equal right to access the courts.

The Law of Criminal Procedure also allows the injured person, their representative or, if the person has died, their heirs to bring a claim concerning private rights.

It also provides for seeking a remedy for harm caused by a crime before the court hearing the related criminal case.

If a Saudi citizen assaults a foreign national, defrauds them or causes harm through another offence, the affected person can therefore lodge a complaint and seek legal action.

The fact that the other party is a Saudi citizen does not, by itself, deprive a foreign national’s complaint of a legal basis.

The murder case of Bangladeshi domestic worker Abiron Begum offers an example.

In 2021, the Riyadh Criminal Court sentenced her Saudi female employer to death in connection with her murder, while two other members of the household also received punishments.

The case illustrates that the law allows a severe judgment against a Saudi citizen in a case involving harm to a foreign worker.

Can a Worker File a Complaint Against an Employer?

Illustration: Can a Worker File a Complaint Against an Employer?

Foreign workers have channels through which to complain about unpaid wages, breaches of employment contracts and non-payment of termination benefits.

Under the procedures of Saudi Arabia’s Ministry of Human Resources and Social Development, an attempt is first made to reach an amicable settlement between the parties in a labour dispute. If no agreement is reached within 21 working days of the first session, there is a procedure for taking the case to the labour court.

Where wage disputes are accompanied by allegations of assault, sexual violence or human trafficking, criminal proceedings are also important alongside claims for labour rights. Separate procedures apply to disputes involving domestic workers.

But the existence of a complaint mechanism alone does not resolve every problem a worker faces. Where they will stay while a case proceeds, how they will pay for food and how they will support their family without an income can all affect their ability to pursue justice.

Rights in Law and Justice in Practice

Illustration: Rights in Law and Justice in Practice

When a Saudi employer and a low-paid foreign worker appear before a court, they do not necessarily have equal resources to pursue the case.

A lack of Arabic-language skills, legal fees, employment and residency difficulties, and obstacles to obtaining documents can all affect a foreign worker. Research by Human Rights Watch has documented unpaid wages, restrictions on changing jobs and difficulties accessing legal assistance.

Certain legal protections are available to accused persons. In serious criminal cases, a person unable to afford a lawyer may ask the court to appoint one at the state’s expense. The law also provides for interpretation assistance for those who do not understand Arabic in court.

What matters is whether these safeguards are available effectively and at the time they are needed. Merely stating that a right exists is insufficient for someone who cannot present their side of the case.

Assistance from the person’s home-country embassy is also important. Embassies may help by visiting detainees, facilitating contact with family members and providing information about lawyers. However, they do not act as substitutes for Saudi courts; legal assistance to face the proceedings remains necessary.

A foreign national in Saudi Arabia has a legal right to seek justice through the courts. It is also possible to obtain a judgment against a Saudi citizen. Yet that right becomes useful to an ordinary worker only when language assistance, financial resources, safety and legal support are available to help them exercise it.

In assessing a country’s justice system, it is necessary to look beyond how severely offenders are punished. We must also ask whether accused persons receive a fair trial, whether those harmed can complain without fear and whether they receive the benefit of a judgment in their favour. The protection of the law becomes complete only when those opportunities are also available to a foreign worker.

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