Detention Period in Saudi Arabia: Extension, Grievance, Release

A wife calls to ask: her husband has been in detention for a week. She was told detention is five days, so why has he not come out?

The answer: the first detention order cannot exceed five days from the date of arrest. But the law allows it to be extended by successive orders up to 40 days, and then up to 180 days by order of the Attorney General or his delegate. After that, the case must be sent to court or the person released, unless the court approves an exceptional extension. So the right question is not “how many days have passed?” but “what order is the detention based on now, who issued it, and until when?”

Is detention a punishment?

No. Detention during investigation (tawqif) is a precautionary measure, not a punishment. Article 2 of the Law of Criminal Procedure forbids arrest, detention or imprisonment except in the cases set by law, in the places designated for it, and for the period set by the competent authority. It also forbids physical and mental harm. Article 37 forbids the detention facility from accepting anyone without a reasoned order for a fixed period, and from keeping him after that period ends. Being in detention does not mean the charge is proved. It is a measure for the purposes of the investigation, until the person is released or sent to court.

What happens in the first hours after arrest?

When a person is caught in the act (flagrante delicto), he cannot be held for more than 24 hours without a written order from the investigator (Article 33). The arresting officer must hear his statement immediately. If he finds enough evidence, he must send him to the investigator within 24 hours, and the investigator must question him within 24 hours of his arrival, and then order his detention or release (Article 34, and Article 20 of the Implementing Regulations). If he was arrested on the investigator's order and not questioned immediately, he cannot be held more than 24 hours before questioning. Otherwise the head of the department must be informed, to question him at once or release him (Article 109).

When is a detention order issued?

After questioning, the investigator issues a detention order if the evidence is sufficient in a major crime, or if the interest of the investigation requires it, for up to five days from the date of arrest (Article 113). Article 24 of the Implementing Regulations lists the reasons for detention: the crime is a major crime, the investigation requires it, the accused has not named a place of residence the investigator accepts, there is a fear he will flee, or he has not undertaken to attend.

The major crimes that require detention are set by the Attorney General in agreement with the Ministry of Interior and the Presidency of State Security, and published in the Official Gazette (amended Article 112). So whether a case is “major” does not depend on what people call it, but on the published decision and the description of the charge in the file.

How do the extension periods work?

Article 114 sets out extension in three stages. All the figures are totals counted from the date of arrest, not periods added on top of each other:

The extension request must be made before the current period ends. Article 24 of the Implementing Regulations requires the detention facility to notify the authority that issued the order at least 72 hours before it ends, if the period is five days or more. If the period ends and no extension order has arrived, the detainee must be released immediately.

A person is arrested on 1 Muharram. A five-day detention order is issued, then extended twice until the total reaches 40 days.

If the investigation needs longer, the decision moves to the Attorney General or his delegate, in periods of no more than 30 days each.

When 180 days from 1 Muharram are reached, the case is either sent to court, or he is released, or the court issues a reasoned order for an exceptional extension.

How do you file a grievance against a detention or extension order?

A person in pretrial detention may file a grievance (tazallum) against the detention order or the extension order, and it must be decided within five days of filing (Article 115). Article 80 of the Implementing Regulations sets where it goes: to the head of the investigation department if the order came from the investigator; to the head of the branch if the extension came from the department head; and to the Attorney General if the extension came from the head of the branch. The detention facility must allow him to file the grievance and help it reach its destination. The five days are the time for a decision, not a promise of release.

In the grievance, write the order number and date and the specific reason: the period ended without extension, there is no justification for detention, or a new circumstance changes the risk to the investigation. Saying “he has good conduct” is not enough on its own unless you link it to the conditions for release.

When should you ask for release instead of a grievance?

The investigator may release the accused at any time, on his own or at the accused's request, if there is no justification for detention, release will not harm the investigation, there is no fear he will flee, and he undertakes to attend (Article 120), provided that the evidence against him in a major crime is not sufficient (Article 83 of the Implementing Regulations). After the case is sent to court, release or detention is decided by that court, and the prosecutor may object (Article 123). So first identify the stage of the file, because the authority that used to make the decision may no longer have it.

What are the detainee's rights while waiting?

• To be told immediately the reasons for his arrest or detention, and to contact anyone he wishes to inform (Articles 36 and 116).
• To have a lawyer or representative. An order banning contact with others does not stop him contacting his lawyer, and a ban on contact and visits cannot exceed 60 days in total (Article 119, and Article 82 of the Implementing Regulations).
• To file a written or oral complaint at any time with the director of the detention facility, to be passed to the Public Prosecution, and to be given proof that it was received (Article 39).
• Anyone who knows that a person is detained unlawfully may inform the Public Prosecution. A prosecutor must go, investigate and order his release if this is proved (Article 40).
• A detention order itself cannot be carried out more than six months after it was issued unless it is renewed (Article 117).

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 detainee or a family member:

• Find out the exact date of arrest and the number and length of the detention order or latest extension.
• File the grievance with the right authority according to who issued the order, and keep proof that you filed it.
• If something changed after the detention, such as the investigation being completed, the victim waiving his right, or a confirmed place of residence, put it in a separate release request.
• If the case has been sent to court, address the release request to the court, not to the Public Prosecution.
• Appoint a lawyer early. His presence during the investigation is a right that does not wait for trial.

If you are the victim or the person claiming a private right:

• Provide your evidence early. Completing the investigation decides what happens to the detention.
• If you fear for yourself or for the evidence if the suspect is released, explain this to the investigator in writing.
• Claim your private right during the investigation; the investigator decides whether to accept it within three days (Article 69).
• Do not rely on continued detention to secure your money. Detention is temporary and is not a way to collect a debt.

Counting the periods correctly and knowing the competent authority at the right time can change a lot in the course of a detention. Send us on WhatsApp the date of arrest and the latest order issued, and we will explain the next lawful step.