In its sixty-eight session, the Working Group's experts confirmed the arbitrary nature of Mr Shaqibel's detention, as being in contravention of articles 5, 9, 10 and 18 of the Universal Declaration of Human Rights, and called for his release.

Background on Yahya Hussein Ahmad Al Shaqibel

Mr Al Shaqibel was born in Saudi Arabia in 1980, and lived there until he moved back to Yemen indefinitely in 2006. After having cancelled his residency and followed all the required legal procedures to leave the country, he settled in Sana'a where he opened a computer shop.

At the beginning of October 2009, Mr Shaqibel travelled to Malaysia to buy IT material for his business. On 9 October, Mr Shaqibel was arrested by unidentified Malaysian forces at the request of the Saudi intelligence services (Mabahith), without being informed of the reasons for his arrest. After a month of interrogation in Malaysia, the Malaysian authorities did not open any legal proceedings against him, but informed Mr Shaqibel that he would be deported to Yemen.

However, on 15 November 2009 Mr Shaqibel realised that the plane that was supposed to return him to Sana'a was landing in Riyadh, Saudi Arabia. Mr Shaqibel was immediately arrested by the Mabahith for interrogation upon his arrival.

At the beginning of May 2013, more than three and a half years after his arrest, Mr Al Shaqibel was presented to the Specialised Criminal Court of Riyadh - a tribunal which has been criticised by numerous international human rights organisations for its lack of compliance with international fair trial standards - for the first time. Mr Al Shaqibel was accused of being a khariji, as well as being an intermediary for Al-Qaeda, and financing terrorism. Mr Al-Shaqibel denied all the accusations against him, stressing that no evidence was available to convict him.

In its opinion, the Working Group noted that such an accusation "contravened his right to freedom of religion as protected under article 18 of the UDHR. Arrest and detention without a warrant also denied Mr Shaqibel the right to be free from arbitrary arrest, detention or exile, as guaranteed under article 9 of the UDHR." The Working Group further added that "the delay of more than three and a half years before bringing Mr Shaqibel before a competent court and denying him access to a lawyer (...) amount to a violation of article 10 of the UDHR. Ill-treatment and torture during the investigation phase constitute a violation of article 5 of the UDHR".

The Working Group concluded its opinion by requesting the Saudi Government "to release Mr Shaqibel forthwith and bring his situation into conformity with the requirements of international human rights instruments (...) Furthermore, in view of the adverse effect of this wrongful arrest and detention on Mr Shaqibel and his family, the Working Group requests the Government of the Kingdom of Saudi Arabia and the Government of Malaysia to provide Mr Shaqibel with appropriate reparation."