22 April 2012

Update - Saudi Arabia: Human rights defender Mohamed Al Bjady's arbitrary detention approaches one-year anniversary

Update: Sentence against Mohamed Al Bjady for human rights activities

After 33 days of hunger strike, Saudi human rights defender Mohamed Salih Al Bjady was again brought before the Special Criminal Tribunal in Riyadh on 10 April 2012. This special court sentenced the 33-year-old businessman and co-founder of the Saudi Civil and Political Rights Association (ACPRA) to 4 years of imprisonment, to be followed by a 5-year travel ban.

The Special Criminal Tribunal, whose jurisdiction Mr Al Bjady refuses to acknowledge as it is highly dependant on the Ministry of Interior, found him guilty of co-founding a human rights organisation, instigating families of political detainees to demonstrate, publicly impairing the reputation of the State and questioning the independence of the judiciary as well as being in the possession of banned books. The nature of the verdict clearly proves that Mr Al Bjady's arbitrary arrest, trial and ongoing detention is related to his activities as a human rights defender. In addition, the court hearings were always held behind closed door and Mr Al Bjady was denied the possibility to mandate a lawyer of his choice with his defence, thus deprived of his right to legal counsel.

In view of these obvious violations of Mr Al Bjady's rights to a fair trial and the evident unlawfulness of his detention, Alkarama updated the UN Special Procedures on the new developments on 20 April 2012. We informed the UN Working Group on Arbitrary Detention, the UN Special Rapporteur on the Situation of Human Rights Defenders as well as other relevant UN Special Procedures of Mr Al Bjady's detention and requested their intervention with the Saudi authorities on his behalf. In order to end the violations against Mr Al Bjady, we consider his immediate release to be the only appropriate solution.


Press Release of 8 March 2012:

The accounts from Saudi Arabia of numerous detainees being released – some of them detained without charges or trial for over 9 years – have given hope to thousands of families who are still awaiting the liberation of their relatives. Among the detainees still lingering in Saudi jails is Mr Mohamed Salih Al Bjady, co-founder of the Saudi Civil and Political Rights Association (ACPRA), an NGO calling for the establishment of a constitution and for political and civil reforms in Saudi Arabia.

Mr Al Bjady was arrested on 21 March 2011 by the Saudi investigative police at his home in Burayda, Al Qassim Province. His family did not receive any information on the reason for his arrest but it is believed that his ongoing detention is related to his work as a human rights defender, in particular his enquiries on the death in custody of a Yemeni detainee. The family was not informed of his place of detention for the following months and were in fact not given the possibility to communicate with Mr Al Bjady at all. Over the course of the last year, they were allowed only very few phone calls.

Mr Al Bjady was allegedly brought before the Special Criminal Tribunal in Jeddah and later in Riyadh several times, for the last time on 4 December 2011, but the hearings were held in secret and he was not able to mandate a lawyer of his choice for his defence. Mr Al Bjady refused to accept the counsel of an assigned lawyer during the hearing on 4 December 2011 and when returning to Al Hair prison, Mr Al Bjady was placed in solitary confinement as a punishment for "not cooperating" during the hearing. In addition, he was again prevented from contacting his family for several weeks. Alkarama has been informed that to protest against this treatment as well as his arbitrary detention and the unfair trial, Mr Al Bjady resorted to a hunger strike. His colleagues at ACPRA have called on people around the world to fast in solidarity with him on 15 and 16 March.

As Mr Al Bjady's detention approaches the first anniversary of his arrest, we reiterate our request to the Saudi authority for Mr Al Bjady's immediate release. In light of the evident link between his activity as a human rights defender and the persecution he suffers, Alkarama calls on the Saudi authorities concerned to respect and protect the activity of human rights defenders in the country as set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms and to refrain from reprisals against them.

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