03 July 2012

Saudi Arabia: UN Working Group on Arbitrary Detention "notes with concern a consistent pattern of arbitrary arrests and detention"

Saudi Arabia was again the subject of an Opinion adopted by the UN Working Group on Arbitrary Detention on 2 May 2012, this time regarding four individuals detained for years without any trial or legal proceedings against them. In Opinion 8/2012, the Working Group confirms that all four are detained in violation of both Saudi and international law and calls for their release. It also importantly "notes with concern a consistent pattern of arbitrary arrests and detention in Saudi Arabia as well as a silence on the part of the Government by not availing itself of the opportunity to respond to allegations set forth by the source and presented to this group."
The four persons whose detention is considered to be arbitrary by the Working Group are Salman Mohamed Al Fouzan, Khaled Abdulrahman Al Twijri, Abdulaziz Nasser Abdallah Al Barahim and Saeed Al Khamissi. While noting that the cases are "factually unrelated, the source's submission with regard to [their detention] is legally similar. (...) the detention of these persons lacks any legal basis, (...) they have not yet been formally charged nor informed about reasons for their detention (...) [and they] have not been allowed to contest the legality of their detention." Given the length of their 'pre-trial detentions', which range from 3 to 8 years, the Working Group is of the opinion that their deprivation of liberty is in clear violation of Saudi legislation as well as international norms, including the Universal Declaration of Human Rights, and therefore falls under categories I and III of the categories of arbitrary detention applicable to cases submitted to the Working Group.

Based on this decision, the Working Group "requests the Government of Saudi Arabia to release the four men" and, noting the adverse effects a wrongful detention has on the victims and their families, it further "requests the Government of Saudi Arabia to ensure appropriate reparation". The document concludes with a call upon the Saudi authorities to cooperate with the Working Group and to allow for a visit by the Working Group to Saudi Arabia.

Alkarama welcomes the adoption of this strong Opinion by the Working Group on Arbitrary Detention as it reflects an appropriate step towards tackling the dire situation in Saudi Arabia with regard to the thousands of cases of wrongful deprivation of liberty. We further call on the Saudi authorities to fully implement this Opinion, as well as the numerous other Opinions rendered by the Working Group over the last years, and to undertake serious steps to break the systematic use of arbitrary detention in the Kingdom.

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