30 March 2009

Saudi Arabia: Severe condemnation for the arbitrary detention of Dr. Said Bin Zair

The Working Group on Arbitrary Detention has informed Al-Karama of opinion 36/2008, of 21 November 2008, in which it finds serious violations of the rights of Dr. Said bin Mubarak bin Zair, secretly detained since his arrest on June 6 2007 by the intelligence services.

Dr. Bin Zair, IT professor at the University of Ryadh, is a known public figure in the country for his outspoken stance on the need for institutional reforms as well as his support for the "Reform movement".

Dr. Bin Zair had previously been jailed without trial several times, without any due legal process. He endured particularly onerous conditions of detention for over 10 years, during which he never had access to counsel or family visits.

He was detained for more than 8 years, from 5 March 1995 to 24 March 2003, and arrested again on 20 April 2004 for giving an interview to the television channel Al-Jazeera.         

On 19 September 2004, he was sentenced to 5 years imprisonment after an unfair trial in which none of his fundamental rights were respected. He was never allowed to see the list of charges, nor was he given access to a lawyer to assist him during the trial.

Al-Karama, which had sent several communications to the Working Group since Dr. bin Zair's last arrest, noted the many violations of the principles of the Universal Declaration of Human Rights and of Saudi law.

In its response to the Working Group, the Saudi government said the detention of Dr. bin Zair was justified and was based on information implicating him in terrorist acts committed in the Kingdom. It also cited information about those responsible for attacks on oil facilities, and financial support of the bombing the Abqaiq oil refinery. Finally it mentioned his position on the U.S. presence in Iraq.

Al-Karama, approached by the Working Group, noted that Dr. bin Zair was still being secretly detained, and had never had access to counsel nor any other person from the outside world. It was not until the death of his son that he was allowed out for three days. During this time he told his family that he had been tortured and mistreated. Al-Karama considers that the only reason he is being persecuted is because of his outspoken political positions.

In its report, the Working Group notes that the Government does not specify who ordered the arrest of Dr. bin Zair, nor does it reveal what terrorist acts he allegedly committed. It does not mention the dates they were committed, whether they caused deaths or injuries, and fails to detail how Dr. bin Zair was involved.

The Working Group notes that this is the third time he has been imprisoned, and that it had already issued an opinion noting the arbitrary nature of his detention in 2005. It was noted that once again the detention has no legal basis.

Moreover, according to the Working Group, Dr. bin Zair has not been accused of any specific crime, particularly terrorism. He is, however, accused of expressing his opinion about the obligation to fight in Iraq. Clearly, he has been arbitrarily deprived of his freedom because of his political ideas, something which is inconsistent with the legitimate right of opinion and expression.

And finally, the experts note that Dr. bin Zair was not brought before a judge, and was not trialled impartially and independently. He cannot file appeals or be defended by a lawyer; but he has now been held in secret for a year and five months.

Accordingly, the Working Group considers that the detention of Dr. bin Zair violates Articles 9 (right not to be arbitrarily arrested and detained), 10 (right to justice) and 11 (presumption of innocence) of the Universal Declaration of Human Rights.

The Working Group requests that the Saudi government take the necessary steps to remedy Dr. bin Zair's situation and bring it into conformity with the norms and principles enshrined in the Universal Declaration of Human Rights. It also advises the Government to ratify the International Covenant on Civil and Political Rights.