04 March 2013

Saudi Arabia: Halt Imminent Execution of 7 young men sentenced to death for robbery

Seven young men, poor and unemployed, robbed jewellery stores in different places at different times, but all ended up in the same jail. This could be the beginning of one of the gangster movies or social-dramas to be rewarded at the Oscars this year. Quite an intriguing setting, if you consider that the story takes place in one of the wealthiest countries in the world. It would have been banal, if it was just a story.
But the seven men have names, voices, faces and fears. They were sentenced to death by crucifixion or firing squad for theft in an abundantly wealthy country whose judicial system knows no independence, no impartiality.

On Friday 1 March 2013, Nasser Qahtani, one of the seven men, contacted Alkarama from Abha Central Prison, Asir Province, in the South of the Kingdom. This is where he and his six companions in misfortune are currently detained, awaiting their execution scheduled for today, 5 March 2013. "We did not kill anyone, we did not kill anyone... Why this sentence?" repeated Nasser in his phone call.

All arrested in similar circumstance in Abha city on 10 January 2006 and all charged with armed robbery of a jewellery store, the seven men were sentenced to death on 6 August 2009after 3 years of pre-trial detention by the General Abha Court in Asir after an unfair trial. Sarhan Al Mashaikh, accused of being the mastermind of the robbery and the head of the group, was sentenced to death by crucifixion over three days.

The seven Saudi prisoners are:

-Sarhan b. Ahmad b. AbdullahAl Mashaikh, ,29 years old

-Saeed b. Hassan b. Ahmad Al Omari *Al Zahrani, , 29 years old

-Ali b. Mohamed b. Hazzam *Al Shahri, 27 years old

-Nasser b. Saeed b. Saad *Al Qahtani, 31 years old

-Saeed b. Nasser b. Mohamed Al Yaala *Al Shahrani 28 years old

-Abdulaziz b. Saleh b. Mohamed *Al Amri, 30 years old

-Ali b. Hadi b. Saeed *Al Qahtani, 31 years old

"Make justice for those who steal billions, who corrupt the nation... Not for the victims of unemployment and poverty" said the seven young men in a statement released through Saudi human rights activist Mohammad Oteibi. They call on for the immediate re-examination of their sentences.

"This is not that we do not accept the law. We do accept the law when it is implemented with impartiality and justice. But in our case, the sentences were issued following serious human rights violations", say the men.

All seven were severely tortured during their detention. They allege to have been forced to stand for long hours and forbidden to sleep, detained in "very cold cells" and given hallucinogens along with their food. The interrogators also threatened to bring their mothers and other family members in for questioning.

"All confessions we made were extracted under torture", they said, "and used by the judge to issue his decision". The whole judicial procedure-from the long years of pre-trial detention to the unfair trial -- failed to guarantee them with the most basic international standards of fair trial.

"Alone in front of Interior Ministry, the Public Prosecutor, we had no access to a lawyer". The trial of the seven men lasted three brief court sessions during which they did not have the assistance of any lawyer.

Director of Alkarama's Legal Department, Rachid Mesli declared: "In the present case, these death sentences are an unusually severe punishment for the aforementioned charges and the implementation of the sentence, handed down after an unfair trial, will be tantamount to an extrajudicial execution".

Alkarama immediately called for the urgent intervention of the UN Special Rapporteur on Summary executions with the Saudi authorities to halt the implementation of the death sentences given the clear lack of guarantees for the independence of the judiciary in the country. We call on the Saudi authorities to retry the seven men in compliance with international norms.

Saudi Arabia - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

No

Convention against Torture (CAT)

CAT: Accessed on 23.09.1997
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

State report: Overdue since 22.10.2006 (2nd)
Last concluding observations: 12.06.2002

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

No

Universal Periodic Review (UPR)

Last review: 10.2013 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

No