18 January 2011

Saudi Arabia: Saudi Doctor Tortured before Trial

The past 3 months have seen a serious worsening of the situation of Dr Saud Al Hashimi, the 48 year old Saudi doctor and human rights defender arbitrarily detained since 2 February 2007 in al Ruweis detention center, in Jeddah. Following 4 years of continual protest by Dr Al-Hashimi at his detention conditions and the lack of any trial, he has again been subjected to serious torture to pressure him to accept charges fabricated by the Ministry of Interior to justify his arrest and detention and forcing him to refuse legal help.

Dr Al Hashimi thus remains detained in very difficult conditions, his health is in a terrible state, and we fear that he will soon be handed a heavy sentence following an unfair trial. Alkarama has called on the United Nations human rights mechanisms, who had confirmed in Nov 2007 that his detention violated international law, to again call on the Saudi Authorities to immediately release Dr Al Hashimi.

For the first time in 4 years, Dr Al Hashimi was brought before a judge, Mr Saleh Al Hujeiri, on 1 January 2011. During this hearing he denied all the charges against him and continued to call for proper legal representation. It is important to note that Lawyer Osama Al Munawer, a member of Alkarama, has not been allowed to take up his defence.

The judge refused to note these requests and ordered that Dr Al Hashimi be brought back in a week. He was taken away and held in a frozen room where they stripped him of all his clothes and left him for 4 days without any bed or covers. It is clear that this treatment constitutes physical and psychological torture and is aimed at breaking his will. Indeed, after 96 hours of such treatment, he was again pressured to accept the charges and to refuse legal help.

On 8 January 2011, Dr Al Hashimi was again brought before the same judge. He stated that he had endured four days of torture, but the judge again refused to note the torture allegations and failed to order any investigation.

Furthermore, the Saudi Minister of the Interior, Prince Mohamed bin Naif bin Abdulaziz, has been informed of this case and in particular the torture and mistreatment which Dr Al Hashimi continues to be subjected to, but he has taken no action. On the contrary, Dr Al Hashimi's situation has continued to worsen.

Background information

Dr Saud Mokhtar Al Hashimi, سعود مختار الهاشمي , 48, is a medical doctor who has been a long standing human rights defender, working to protect civil and political rights in Saudi Arabia. He is well known as a member of the "reformers" movement - who call for constitutional reform and democratic rights in Saudi Arabia.

He was arrested alongside 8 other members of the Reformer movement on 2 February 2007 by the intelligence services (Mabahit). According to a press release by the Interior Ministry, they were suspected of "supporting and financing terrorism" as well as "illegally collecting funds to support suspicious groups." In fact they were meeting to discuss the establishing of committee to defend civil and political rights and to call for constitutional reforms in Saudi Arabia.

The WGAD, in their opinion 27/2007 of 28 November 2007, declared that Dr Saud Al Hashimi was arbitrarily detained as there was no legal basis for his detention and as his detention resulted from the exercise of his right to freedom of expression.

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