06 April 2009

Saudi Arabia: Dr. Al-Faleh’s detention defined as arbitrary

Al-Karama recently received the Working Group on Arbitrary Detention's opinion 37/2008 dated 21 November 2008 regarding the arrest and detention of Dr. Al-Faleh. Arrested on 19 May 2008 by the intelligence services (Al-Mabahith) and held incommunicado at the Al-Hayr prison near Riyadh, he was released in early January 2009.

On the 6 June 2008, Al-Karama sent a joint communication to the Working Group (see article), along with the Arab Commission for Human Rights, of which Dr. Al-Faleh is a member. 

Dr. Matrouk Al-Faleh is a professor of international relations at the University of the Saudi King in Riyadh (Institute of Political Science) and a leading figure of the ‘reformers'  movement, which calls for political reform by peaceful means in the Kingdom. He is the author of numerous books published in the Arab world.

Dr. Matrouk Al-Faleh was released in early January, weeks after the publication of the Working Group's decision. He was never made the subject of legal proceedings, and was never brought before any court despite being held for 235 days.

His arrest occurred as the result of an article he wrote denouncing the conditions in Al-Burayda prison, where Dr. Abdullah Al-Hamed and his brother Aissa had been imprisoned since the 8 March 2008. Dr. Al-Faleh had also visited them as a representative.

Mr. Abdullah Al-Hamed and his brother Aissa were serving sentences of six and four months' imprisonment respectively on charges of inciting women to demonstrate for their rights.

Dr. Matrouk Al-Faleh had previously been arrested on the 16 March 2004, along with 11 other signatories of a petition for the promulgation of a constitution and the implementation of political reforms in the country in order to 'guarantee the unity, stability and strength of the kingdom ".

This peaceful and fundamentally political process was interpreted by the authorities as a "justification of terrorism" and "advocating violence". Dr. Matrouk Al-Faleh and two others, Ali Al-Damini and Dr. Al-Hamed, were sentenced to five years imprisonment.

This is why Al-Karama and the Arab Human Rights Commission notified the Working Group on the 8 July 2004. Subsequently, the Working Group's opinion No. 25/2004 of the 26 November 2004 declared their deprivation of liberty to be arbitrary. They were released after 17 months of detention following a royal pardon.

In the present case, the Working Group on Arbitrary Detention has once more concluded that the detention of Dr. Al-Faleh is arbitrary: members of the intelligence services together with police and armed civilians arrested him without a warrant, and provided no information on the reasons for the arrest. He has since been held incommunicado without being brought before a judge within the legal timeframe, and he has not had the right to challenge his detention.

The UN body considers that Articles 9 (right not to be arbitrarily arrested), 10 (right to be heard by Justice), 11 (right to the presumption of innocence) and 19 (right to freedom of expression) of the Universal Declaration of Human Rights have been violated.

The Working Group reiterates its recommendation to the Saudi authorities that it ratify the International Covenant on Civil and Political Rights.

Iraq - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 25.01.1971
Optional Protocol: No

Last State report: 11.10.2013
Last concluding observations: 19.11.1997

Convention against Torture (CAT)

CAT: Accessed on 07.07.2011
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

Last State report: 30.06.2014
Last concluding observations: 17.09.2015

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Accessed on 23.11.2010
Art. 33 (Inquiry procedure): Yes

Last State report: 26.06.2014
Last concluding observations: 18.09.2015

Universal Periodic Review (UPR)

Last review: 11.2014 (2nd cycle)

National Human Rights Institution (NHRI)

Independent High Commission for Human Rights (IHCHR) – Status B