Compensation for Wrongful Detention in Saudi Arabia

An employee spent four months in detention in an embezzlement case, and then a final judgment found him not guilty. When he came out, his employer had ended his contract, and his loan had gone into default and been recorded with SIMAH (the Saudi credit bureau). His question: am I entitled to compensation, and from whom?

The direct answer: a not-guilty judgment alone does not give compensation automatically. But the law opens the door in specific cases. If the accusation was malicious, or detention or imprisonment lasted longer than the permitted period, the person harmed may claim compensation before the court that heard the original case (Article 215 of the Law of Criminal Procedure). If a conviction is cancelled through a retrial (i'adat al-nazar), compensation must be included in the judgment if the convicted person asks for it (Article 207).

When are you entitled to compensation for prison or detention in Saudi Arabia?

The difference between “the charge was not proved” and “the accusation was malicious” is at the heart of many of these claims. The evidence may not be enough to convict without the person who reported having lied. But if it is proved that he knew what he accused you of was untrue, or invented the event to harm you or put pressure on you in a money dispute, then malice is established.

When is detention longer than the permitted period?

Every detention needs a reasoned order for a fixed period, and the prison or detention facility may not keep the person after that period (Article 37). If the period ends and no extension order arrives, he must be released immediately (Article 24 of the Implementing Regulations). Extensions have limits: 5 days, then up to 40 days, then up to 180 days from the date of arrest, then referral to court or release, unless the court issues a reasoned order (Article 114). He must be released at once if he is found not guilty, if the sentence does not require prison, or if he has already spent the length of the sentence in detention (Article 213).

So if a person stayed in detention for days after his detention order ended with no extension, or after a judgment requiring his release, that is the “extra period” on which the claim is based. Detention that was based on valid orders, in a case that later ended in his favour, is not on its own a basis under this heading.

Is the detention period deducted from the sentence?

Before thinking about compensation, check the deduction. If a prison sentence is ordered, the time the convicted person spent in detention in the same case must be deducted from the prison term (Article 215). If it was not deducted, first ask the authority in charge of carrying out the sentence to correct it, and then look at the harm caused by the delay.

Where do you file a compensation claim?

• If the basis is a malicious accusation or detention or prison longer than permitted: before the court that heard the original case (Article 215).
• If the compensation follows a not-guilty judgment in a retrial: it is requested within the same judgment (Article 207).
• If the harm came from a decision or act of a government body: the administrative courts of the Board of Grievances (Diwan al-Mazalim) hear claims for compensation for the decisions and acts of government bodies (Article 13 of the Board of Grievances Law). Unless a special text says otherwise, these claims will not be heard after ten years from when the right arose, unless the defendant admits it or an excuse is accepted (Article 8 of the Law of Procedure before the Board of Grievances).
• If someone who had access to seized items disclosed information about them without justification: you may sue the person responsible before the competent court (Article 41 of the Implementing Regulations of the Law of Criminal Procedure).

In practice, Okaz newspaper reported in September and October 2021 that a claim for compensation for detention is heard by the administrative courts of the Board of Grievances if the case stayed with the arrest and investigation authorities and was not referred to the criminal court; if it was referred and a final not-guilty judgment was issued, compensation is claimed from the criminal court. This matches Article 215, which places the claim before the court that heard the original case.

What harm can you claim?

Under the Civil Transactions Law, anyone whose fault causes harm to another must compensate it (Article 120). Compensation covers the harm in full, including the loss suffered and the gain missed, if it is a natural result of the act (Articles 136 and 137). It also covers moral harm. The law expressly includes harm a person suffers because his freedom, reputation or social standing was affected, and the court assesses it according to its type and the person harmed (Article 138).

A detainee stayed 20 days after his last extension order ended, with no new order. His salary was SAR 9,000, and about SAR 6,000 was deducted for his absence during that period.

He provides the orders and their dates, proof of the actual release date, his salary statement and the deduction letter.

The claim here is limited to the extra days and what followed from them, not the whole detention period multiplied by a figure he chooses. He adds any moral harm he can prove, for the court to assess.

The laws do not set a fixed amount for each day of detention, and published compensation judgments show that the court assesses the amount based on the harm proved and its link to the cause.

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 both sides

If you are the person who was detained or imprisoned:

• Ask for copies of the detention and extension orders and the actual release date, and put them in a timeline.
• Get a copy of the final judgment or the decision to close the file and its reasons. They show whether the complaint was malicious or the evidence was simply insufficient.
• Collect proof of harm: salary statements, the termination letter, invoices, medical reports.
• Make sure the detention period was deducted from any prison sentence, and ask for correction if it was not.
• If unlawful detention is still going on now, the priority is to inform the Public Prosecution to end it (Article 40).

If you are the person who reported, or the body being claimed against:

• Keep proof that your complaint was based on real facts and documents, even if it did not end in a conviction.
• A charge not being proved does not mean malice. Argue this difference with evidence.
• Review the record of orders. If the whole detention was based on valid orders, ask for the claim to be limited.
• Object to any harm that has no clear causal link to the accusation or to the extra period.

The strength of a compensation claim lies in an accurate timeline and a clear reason for the claim. Send us on WhatsApp the dates of arrest, release and judgment, and we will look with you at whether your case fits one of these routes.