26 March 2008

Saudi Arabia: Arbitrary arrest and secret detention of Mr. Al Ghaith

Alkarama, March 26, 2008

Alkarama and Al Hurriya Association for Human Rights have sent a communication to the Working Group on Arbitrary Detention (WGAD) asking him to intervene with the Saudi authorities in the case of Mr Khalil Ebrahim Ghaith Al Ghaith arrested in Saudi Arabia and held in solitary confinement since February 28, 2008.
Mr. Khalil Ebrahim Al Ghaith GHAITH, Kuwaiti citizen, was born on March 23, 1965 and lives with his family in Kuwait City. He was arrested by the Saudi General Intelligence (Al Mabahit Al Aama) February 28, 2008 at the border post of Al Raqa'a between Saudi Arabia and Kuwait on his way to his country by road after having performed the Omra pilgrimage in Mecca.

He was accompanied by his wife who was allowed to return to Kuwait while he was taken away by plainclothes officers to an unknown destination.

As the only witness to the arrest, she reported that her husband was arrested without a warrant and that he was not notified the reasons thereof.

His family has since his arrest taken steps to find his place of detention and the reasons why he was arrested but was unable so far to obtain any information on his fate.

His family is now particularly concerned by the refusal of the Saudi authorities to inform them of his fate and fear for his physical and mental integrity, especially since Mr. AL GHAITH is suffering from a mental disorder.

Indeed, M. GHAITH suffers from an organic brain injury (cyst located in the fourth ventricle of the brain and the cerebellum) and thus presents a persecution syndrome and "emotional indifference" that alter his powers of judgement and limit his intellectual capability.

His state of physical and mental health is likely to worsen in a dramatic way if he is subjected to difficult conditions of detention or torture and/or ill-treatment.

Alkarama and Al Hurriya association for human rights, therefore, request the WGAD group to declare the detention of Mr. Al Ghaith as arbitrary and that it constitutes a grave violation of his most basic rights. Internal saudi legal norms as well as international standards enshrined in the Universal Declaration of Human Rights have undoubtedly been violated.

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