9.13.2011

DISPOSAL OF DEAD BODIES (LOCAL BURIAL/ DESPATCH TO PAKISTAN)

On an average 3-4 death cases are reported daily in the Consulate General at Jeddah. All deaths of expatriates are dealt by the local area police in Saudi Arabia and bodies are buried locally or dispatched to Pakistan with the approval of the local Governorate.

Pursues the matter with the sponsor and local authorities concerned so as to expedite the process. On the receipt of the death documents from local Foreign Office Jeddah, this Mission pursues the settlement of legal dues and death compensation cases, wherever admissible.

Documents required for Issuance of NOC at Consulate for Local Burial or Transportation of Dead Body to Pakistan.

Death information Report or Death certificate from the hospital or by the local govt. department.

Copy of Power of Attorney from the next of kin of the deceased with Arabic translation (Duly signed and attested by Notary Public or Local Government representative).
Police Report copy with English translation (for unnatural death only- accident, murder, suicide, etc.)

Copy of passport or Iqama of the deceased.

Copy of proof of Identity of the attorney ( passport or Iqama )

COMPLETION OF REMAINING FORMALITIES

Permission of local Governorate for Despatch of body/local Burial

Obtaining an exit visa on the passport of the deceased after obtaining a sealed letter from the police addressed to the Passport authorities.

Embalment of dead body and Preparation/ Sealing of Coffin, costing SR.2000/- to SR.2500/- approx.

The following documents are required to be carried by the Attorney or Saudi sponsor to the Air Cargo office for booking of the human remains : -

Death Certificate in original, with English translation + 8 photocopies each;
Medical Report in original, with English translation + 8 photocopies each;
Passport/Out pass of the deceased with 6 photocopies of all pages incl. the exit visa;
Permission of the Governorate with English translation + 6 photocopies; and
Letter of the mortuary to the Air Cargo authorities for confirmation of the cargo space.
SETTLEMENT OF LEGAL DUES OF DECEASED

The realization of Legal Dues/Death Compensation is time-consuming & involves compliance of detailed legal requirements by the legal heirs in Pakistan in accordance with prescribed procedure.

1. Procedure for claiming Legal Dues :

(i). Legal Dues received in the Mission through the Saudi Foreign Ministry :
In most cases, the Saudi sponsors are normally required to work out the exact amount towards Legal Dues in respect of deceased , and deposit these dues with the local Labour office before the approval for disposal of dead body is given by the concerned local authorities i.e. police station, local Governorate, etc. Such Legal Dues are then transferred by local Labour office to the Attorney or in the name of H.E. Ambassador of Pakistan at Riyadh, who in turn transfers the amount to OPF (Overseas Pakistanis Foundation) for onward remittance in favour of the legal heirs of the deceased.

(ii). Legal Dues claimed through concerned Shariat Courts :
Sometimes, the Legal Dues are paid by Saudi sponsors to the concerned Saudi authorities i.e. Dept. of Civil Rights, Police Dept., Treasury offices, etc. who in turn transfer such amounts to the concerned Shariat Courts. In all such cases, the legal heirs of deceased are required to claim the Legal Dues through their attorney in Saudi Arabia, after the production of completed legal documents i.e. POA & Succession certificate issued by the respective court of law in Pakistan



SETTLEMENT OF DEATH COMPENSATION CLAIMS
1. Admissibility :
The Death Compensation (Blood Money or Diyat) is admissible in cases of unnatural deaths only such as road/ traffic/ industrial/fire accidents, murder, etc. provided the responsibility or a part of it, is fixed by the Saudi authorities concerned on a causer i.e. a person other than the deceased and that the person thus held responsible is in a position to pay the Death Compensation according to the provisions of the Shariat Law.
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2. Maximum Amount admissible :
The maximum amount of Death Compensation (Diyat) generally admissible is SR 100,000 only in case of death of a male & SR 50,000 in case of death of female. The amount of compensation admissible, is based on the percentage of responsibility fixed on the causer e.g. if the causer is held 50% responsible for the accident resulting in the death of a Muslim, the amount of Death Compensation admissible will be SR 50,000 only.

3. Procedure for claiming Death Compensation, wherever admissible:
The Consulate takes up the matter , through the Ministry of Foreign Affairs, requesting the local authorities to ensure receipt of Police Report at the earliest possible. As soon as the detailed Police Investigation Report, in Arabic, is received in this mission, the same is studied carefully to ascertain the scope, if any, for collection of Death Compensation.

4. Requirement of Legal Documents from Pakistan :

In all cases, where Death Compensation is admissible, the legal heirs of deceased are required to file a personal claim by either appearing personally in the Shariat Court or through an attorney to claim the amount deposited. In such cases involving other parties and where there is a scope for collecting the Blood Money, the Mission advises the legal heirs through OPF(Overseas Pakistanis Foundation), by post/fax, to take the following action:

(i) To obtain Succession Certificate from the district authorities concerned in Pakistan, including names, relationship, date of birth, etc. of all legal heirs i.e. parents, spouse, children, etc.
(ii) To execute a General Power of Attorney (POA) duly signed by all legal heirs, including the guardian in case of minors, in favour of an individual of their choice (if they are unable to come to Saudi Arabia) as their attorney or the Consul/Vice consul(welfare) Consulate General of Pakistan, Jeddah, in case no such person is available to pursue their case on their behalf in the concerned Shariat Court.
(iii) To obtain Guardianship Certificate (If required).
(iv) The legal heirs are required to get the aforesaid documents ( English & Arabic) versions attested by the following:
(a) Ministry of Foreign Affairs, Islamabad.
(b) Saudi Embassy in Islamabad.

5. Fixation of Court Hearing Date and Settlement of cases :
As soon as completed documents are received, the Mission obtains further necessary attestations from the Saudi Ministries of Foreign Affairs and Justice as per local requirement. The Consulate also requests the concerned Saudi authorities by sending a note verbale to the Saudi Foreign Ministry for fixing a Court hearing date. On the date of hearing, the Mission's representative visits the concerned Shariat Court along with completed legal documents.

After the decision of the Court is pronounced, the Mission’s representative approaches the Civil Rights Department for getting the decision of the court implemented and for collecting the amount of Death Compensation. As soon as the Death Compensation amount is received, it is deposited into the Death Compensation Account and remitted to the legal heirs of the deceased through OPF in accordance with the prescribed procedure.

Courtesy : Pakistan Consulate, Jeddah

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This page provides information's related to GCC expatriate employees. Information is not the same as legal advice. I recommend you consult concerned person in the Embassy/ Consulate if you want professional assurance that my information is appropriate to your particular situation.
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