13 January 2009

Saudi Arabia: The UN Working Group qualifies Mr Al Chahri’s detention as arbitrary

Alkarama has just been officially informed of Opinion N° 13/2008 rendered during the last session of the UN Working Group on Arbitrary Detention regarding the detention of Ali Al Chahri who was arrested on 23 August 2006. Alkarama had seized the UN organ on 11 May 2007.

Mr Ali Chafi Ali AL CHAHRI, aged 35 years at the time of the facts, was living in Tiryadh and was a technician, employed by the national telecommunication company until the time of his arrest, which took place at his work place on 23 August 2006 by agents of the intelligence services. Neither reason nor arrest warrant was given to him at the time of this arrest.

Driven to his home, it was searched without a warrant, and his personal computer was confiscated.

He was then driven to a secret place which was later known to be the detention centre of the intelligence services of Al Alicha in Riyadh, where he was savagely tortured for a week.

Tranferred to Al Rouis prision in Djeddah, he was detained for four months, of which three were incommunicado and in total isolation from the outside world. After this time, he was again transferred to another prison of the intelligence services - that of Dahbane, where he was to be found at the time the Working Group was seized in his regard.

Since his arrest, Mr Al Chahri does not know if he is legally and formally charged, and if this is the case, which charges. He therefore ignores what is in store for him. He has not had access to either a lawyer or a legal procedure of appeal to contest his placement detention.

The Saudi government, in its response to the Working Group, who had requested an explanation in this case, confirms Mr Al Chahri's inquiry and does not contest his arrest by agents of the intelligence services without an arrest warrant or information on the reasons for his arrest.

The government does not deny that he was detained incommunicado in the intelligence services' detention centre, without a legal charge and without legal proceedings, without any means of appeal or legal aide. The authorities do not belie the acts of tortures he suffered either.

In view of these facts, the Working Group considers Mr Ali Al Chahri's detention to be arbitrary and that the Saudi government has violated articles 5 (right to not be tortured), 7 (right to protection under the law), 9 (right to not be arbitrarily arrested and detained), and 10 (right to justice) of the Universal Declaration of Human Rights.

In consequence, the Working Group requests the Saudi government to take the necessary measures to remedy M Al Chahri's situation and to render it in conformity with the norms and principles enounced in the Universal Declaration of Human Rights. It furthermore advises the government ratify the International Covenant on Civil and Political Rights.

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