Dr. Ben Zair has been imprisoned many times, without trial and without having ever been prosecuted in law.  The first time was for more than 8 years, from 5 March 1995 to 24 March 2003.

After being freed, he continued to participate in public debates on the political situation in the region and in particular in Saudi Arabia, for which he was arrested for a second time on 20 April 2004, after giving an interview to Al Jazeera on 15 April 2004.

Following his arrest, he was detained in secret for many months without the possibility of receiving visits from family members.  He was never even permitted to retain a lawyer for his defense.

Dr. Ben Zair was sentenced to 5 years of criminal imprisonment on 19 September 2004, following an unfair trial during which none of his fundamental rights were respected.  He never had access to the prosecution case nor had the aid of a lawyer to help him on the day of his trial.  The authorities refused to allow the retention of the lawyer hired by the family of the accused, Mr. Al Rashoudy, now himself in detention (cf. communiqué of 21 February 2007.)

His son Saad, a lawyer and human rights advocate, who was also retained to help him during the trial, was arrested and detained in the same prison.

Dr. Ben Zair was condemned, according to the arguments advanced by the judge, due to his opinions judged as “dissident” and “non-conforming”.

In giving the verdict, the judge told him: “I condemn you for the following reasons:” recapitulating the arguments for his decision:

“You talk about what is of no concern to you, and your words spread discord and sow the seeds of division and dissension among people.”

“Your words bear the mark of bad faith.”

“You do not mention the good things the State has done in your discourse.” (public, in foreign media).

“You insult the information services.”

“You do not give your advice discreetly.”

“You declare that people are not brought before justice and you have spoken about injustice in the prisons.”

“Your provocations.”

“You have given the country a bad reputation.”

“You do not respect the jama`a.” (ie you have a dissident opinion)

“You have deceived the rulers and revolted against them.”

Alkarama had submitted the case of Dr. Said Ben Zair to the Working Group on Arbitrary Detention on 8 July 2004, as well as to the Special Rapporteur on Freedom of Expression on the following 21 October, and had requested the High Commissioner for Human Rights’ urgent intervention following his trial.

The working group had filed his case on 29 August 2005 (Opinion No. 22/2005) after the Saudi Arabian government announced his freeing on 8 August 2005 by virtue of a royal amnesty decree promulgated on that day.

Dr. Ben Zair’s family does not know the reason for this rearrest; his son Mubarak Ben Zair who was travelling with him reports that the agents who arrested him did not present a judicial warrant and did not provide him with a reason for his arrest.

There is no doubt that this rearrest of Dr. Ben Zair, and his current secret detention, are arbitrary in character and constitute yet another violation of his fundamental rights.