24 February 2012

Saudi Arabia: Arbitrary detention of 12 Egyptian nationals

Alkarama submitted to the UN Working Group on Arbitrary Detention the cases of 12 Egyptian nationals unlawfully detained in Saudi Arabia today. Despite the long years passed since their arrests they have not been brought before a judge nor have been formally charged in violation of international law.

Saudi Arabia is unfortunately well-known for its widespread use of arbitrary detention, as Alkarama has denounced on numerous occasions. In this respect, the story of these 12 Egyptians nationals is not an isolated case. However, their on-going detention, which represents a violation of Saudi domestic law as well as international law, remains unacceptable.

The victims are all Egyptian nationals arrested at different times and places in Saudi Arabia. They have in common their unjust fate in Saudi prisons: with no official charges and never presented before a judge, some of them have been detained for more than 3 years so far, and one for 7 years.

Five of them were arrested between April and September 2010 at the port of Duba on their arrival by boat from Egypt. Because they were found in possession of medication banned in Saudi Arabia, they were arrested and first detained in Duba prison and afterwards transferred to Tabuk prison. Since then, Mr Rabie Mohamed Abdelmaksoud (aged 38), Mr Jumaa Abdallah Abusraie (aged 38), Mr Awad Al Sayed Zaky Abu Yahya (aged 39), Mr Sameh Anwar Ahmed Al Byasi (aged 40) and Mr Abu Al Aineen Abdallah Mohamed Esaa (aged 38) have been detained without having been put on trial.

Another four individuals were arrested by the Saudi General Intelligence Directorate: Mr Youssef Ashmawy Youssef Ashmawy (aged 26) was arrested on 24 August 2008 in Riyadh, Mr Ahmed Mohamed Al Said Al Hassan (aged 32) on 7 June 2009 in Hafr Al-Batin, Mr Khaled Mohamed Moussa Omar Hendom (aged 40) on 10 November 2004 in Riyadh, and Mr Abullah Mamdouh Zaki Demerdash (aged 29) on 3 June 2008 in Dammam. To date, they have not been presented before a judge and they continued to be detained without being able to challenge their detention.

The last three individuals concerned are Mr Mustafa Ahmed Ahmed El Baradei arrested on 27 June 2009 in Abha, Mr Hassan Anwar Hassan Ibrahim (aged 34) arrested on 1 January 2008 in Jeddah, and Mr Abdul Rahman Mahmoud Ibrahim Zeid arrested on 22 April 2010 in Riyadh. Like the other victims, these individuals have not been officially charged nor presented to a judge since their arrest.

On 24 February 2012, Alkarama submitted the case of these 12 Egyptians to the UN Working Group on Arbitrary Detention, asking the Working Group to issue an Opinion finding these detentions as being devoid of any legal basis and in violation of the international norms relating to the right to a fair trial. We requested the Working Group urge the Saudi authorities to release these individuals and to compensate them for the long time they are spending in unlawful detention. Alkarama further calls on the Saudi authorities to release or try these individuals immediately, and will continue to monitor their situation closely.

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