20 June 2013

Saudi Arabia: Yahya Shaqibel arbitrarily detained 4 years after Malaysia deportation

Yahya Hussein Ahmad Shaqibel, a 33 year-old Yemeni national, was arrested in October 2009 by unidentified Malaysian security forces on demand of Saudi intelligence services (Mabahith) while on a business trip in Kuala Lumpur, Malaysia. He was then transferred to Saudi Arabia where he was arrested upon arrival in Riyadh. After almost four years of arbitrary detention, he is now accused of 'khariji' and terrorism and is awaiting his verdict.

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 of his detention. 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 supposed to return him to Sana'a was landing in Riyadh, Saudi Arabia. Mr Shaqibel was arrested by the Mabahith for interrogation upon his arrival.

Following his arrest, Mr Al Shaqibel was interrogated during two months by the Mabahith. He was subjected to torture and ill-treatment during the investigation phase, including sleep deprivation and severe beatings. At the beginning of 2010, Mr Shaqibel was finally transferred from the Mabahith office where he had been interrogated, to Al-Hayer prison where he was detained in solitary confinement for a year, without the right to receive visits or to communicate with the outside world and without having access to a lawyer.

At the beginning of May 2013, more than three and a half years after his arrest, Mr Shaqibel was presented for the first time 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.

Mr Al Shaqibel was accused of being a khariji - which means he was not following the same Sunni Islam than the official Saudi interpretation, 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. Moreover, he did not have access to any legal counsel until the first hearing held at the beginning of May 2013, when he was allowed to choose amongst a list of lawyers given to him by the judge. While his lawyer is now allowed to visit him in jail, Mr Al Shaqibel does not have the right to contact him from the prison.

After three court hearings, Mr Al Shaqibel was presented to the Court for the last hearing on 17 June, and is still waiting his verdict.

Given the arbitrary nature of Mr Al Shaqibel's detention, Alkarama submitted his case to the UN Working Group on Arbitrary Detention today to ask it to intervene with the Saudi authorities to seek Mr Al-Shaqibel's immediate release.

Morocco - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 03.05.1979
Optional Protocol: No

Last State report: Overdue since 07.07.2015
Last concluding observations: 01.12.2004

Convention against Torture (CAT)

CAT: Ratified on 21.06.1993
Optional Protocol: Accessed on 24.11.2014
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: 30.06.2013
Last concluding observations: 21.12.2011

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

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 14.06.2015
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Conseil National des Droits de l'Homme (CNDH) – Status A

Last review: 10.2010
Next review: 11.2015