13 June 2012

Saudi Arabia: Alarming risk of unfair trial of human rights defenders, including Abdellah Al Hamed, Mohammad Al Qahtani and Abdulkarim Al Khodr

The renewed crackdown against human rights defenders and peaceful political activists in Saudi Arabia entered a new round as Dr Abdellah Al Hamed, Professor of contemporary literature and co-founder of the Saudi Civil and Political Rights Association (ACPRA), was formally charged on Monday, 11 June 2012. At least two more co-founders of ACPRA, Dr Mohammad Al Qahtani and Dr Abdulkarim Al Khodr expect to be charged shortly.

Over the past months, an increasing number of people standing up against injustice and for human rights in Saudi Arabia were repeatedly summoned for questioning by the Saudi authorities. Among them are three founding members of the Saudi Civil and Political Rights Association (ACPRA). At present, it seems that the Saudi authorities have decided to open court cases against them for their activities as human rights defenders. One of them, Dr Abdellah Al Hamed, was formally charged by the Riyadh Trial Court on Monday, 11 June 2012.

Indictment of Dr Al Hamed
Dr Al Hamed was summoned to appear before the Riyadh Trial Court on Monday, 11 June 2012. The hearing was opened by Judge Hamad Al Omar and the Public Prosecutor read out the charges against Dr Al Hamed. The charges inclucde 'threatening public security' and 'threatening the reputation of representatives of the State', 'derogating the nation's capacities and accomplishments', 'incitement to reject the oath of allegiance to the King' as well as 'disagreeing with the King and the heir apparent'. These points are all typically used to accuse human rights defenders and people criticising the government in order to deterring them from continuing their activities. The charges therefore reveal the political nature of the trial. It was only after Dr Al Hamed's lawyer insisted on being given time to prepare his client's defence that the next hearing was scheduled for 1 September 2012.
First court hearing scheduled for Dr Al Qahtani
Dr Al Hamed's hearing was open to the public and a number of local human rights activists and interested persons attended. Among those attending was Dr Mohammad Al Qahtani, who asked to be registered as a legal representative for Dr Al Hamed. Judge Hamad Al Omar took this as an opportunity to parenthetically inform Dr Al Qahtani that he was also in charge of a case against Dr Al Qahtani and proceeded to ask what date would be convenient for Dr Al Qahtani to appear in court to be charged. They scheduled Dr Al Qahtani's court hearing for next Monday, 18 June 2012, date at which a court case will be opened against him.

It is to be noted that according to the reviewed Saudi judicial procedures, cases should be allocated to judges at random as a way of ensuring the independence of the judiciary. According to our sources, this procedure has not been followed for the cases of Dr Al Hamed and Dr Al Qahtani, whose cases were directly referred to Judge Al Omar.

Imminent indictment of Dr Al Khodr
Dr Al Khodr, another founding member of ACPRA, has also been interrogated numerous times by the Saudi authorities in recent months. We therefore have reasons to fear that he, too, will be charged shortly and put on trial as is the case for his colleagues.
Given the recent developments, Alkarama fears that the Saudi authorities effectively seek to try and detain the three men. The nature of the charges laid against Dr Al Hamed already show that the persecution of the three men is related to their activities of promoting human rights and fundamental freedoms in the Kingdom. Any sanctions, including a detention, resulting from current or future legal procedures against them have to be considered arbitrary.

Recalling the Saudi authorities' obligation to respect and protect the work of human rights defenders, Alkarama urges the Saudi authorities to drop all charges laid against Dr Al Hamed and refrain from formally charging Dr Al Qahtani and Dr Al Khodr. We therefore submitted their cases to the UN Special Rapporteur on humen rights defenders as well as other relevant UN Special Procedures.

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