Death Sentences In Saudi Arabia: A Crossroad Of Violations Doubles The Victims And The Tragedy

رئيس جهاز رئاسة أمن الدولة عبد العزيز الهويريني – النائب العام سعود المعجب

Since 2013, the European Saudi Organization for Human Rights has been monitoring execution cases in Saudi Arabia. Over these years, the organization has tracked the death sentences carried out as announced by the Ministry of Interior, documenting them in lists that detail the information available in the Ministry's statements. Among these details are the name and nationality of the sentenced individual, the date of the sentence, the place of execution, the charges, the court, and the type of sentence. It has been observed that some of these details were hidden in certain cases, and the concealment of information has increased in recent years. Most of the executions announced by the Ministry of Interior had not been previously recorded by any human rights organizations nor published in official public lists.

 Despite the lack of transparency, the organization has managed to document a number of cases, following the course of arrest, trial, sentencing, and execution. The organization analyzed the trajectories of the cases it could obtain details of through testimonies, judgment documents, and other official papers. Based on this, it identified patterns followed by Saudi Arabia in political cases, where the charges are largely similar and the procedures from arrest to sentencing by the Specialized Criminal Court converge.

In this report, the European Saudi Organization for Human Rights aims to shed light on the common practices that have made the death penalty a harsh and arbitrary punishment at all stages, affecting the sentenced individuals, their families, and society at large, and clearly demonstrating its use for intimidation. Consequently, Saudi Arabia is not only one of the countries with the highest execution rates, but its practices are also among the most severe, clearly showing the arbitrary use of the death penalty.

Arrest:

تمارس السعودية الحرمان من الحق في الحرية بشكل واسع، وكان six UN special rapporteurs stated that the return of executions was a violation of the right to life. The Working Group on Arbitrary Detention التابع للامم المتحدة قد كرر في آرائه التي أصدرها خلال السنوات الماضية، مخاوفه من نمط الانتهاكات التي تمارسها في الاعتقالات، وأوضح مرارا أنه في ظروف معينة فإن السجن الواسع النطاق والممنهج قد يشكل جرائم ضد الإنسانية.

ESOHR Rights has observed a pattern of violations during arrests, including detention without presenting a warrant or providing a reason, and the use of violence and intimidation.

Solitary Confinement and Forced Disappearance:

Detainees are subjected to severe violations from the moment of arrest, most notably forced disappearance, which the organization has documented as being widely used. This begins at the moment of arrest and extends over hours or days, and in some cases, even longer. Forced disappearance constitutes psychological torture, significantly affecting families who are unaware of their loved ones' fate, in addition to being a blatant violation of international laws. In most cases documented by ESOHR, forced disappearance is followed by solitary confinement, which often lasts for months during the investigation period.

Arrest of Minors Without Informing Their Families:

ESOHR’s monitoring revealed that minors have been subjected to violations during their arrests, including being detained without their families being informed. For example, Mohammed Isam Al-Faraj was arrested when he was 15 years old upon leaving a gaming arcade. His family did not know his whereabouts during the initial days of his detention and was only able to visit him after two months.

Armed Raids:

In recent years, armed raids have become common in Saudi Arabia. The organization has documented security raids involving the invasion of homes with families, the use of weapons and bombs, the beating of unarmed women, and the terrorizing of children. According to the organization’s monitoring, these raids have sometimes resulted in deaths, injuries, and property damage.

Extortion:

In addition to violent arrests, extortion has been used to force suspects to surrender or sign confessions. For instance, the wife of Saud Al-Faraj was arrested with him and he was threatened with her rape to compel him to sign confessions. Similarly, Abbas Al-Hassan and Asaad Shubar Ali were threatened with the arrest of their wives.

Torture and Trial:

ESOHR has documented patterns of torture affecting detainees, especially in political cases. According to the organization's monitoring, the psychological and physical torture inflicted on detainees aims to force them to sign confessions or to retaliate against them for complaints or their positions.

The First Meeting After Torture:

Families of several individuals who were executed indicated that they did not recognize their son during their first visit after the investigation ended. Typically, the first family visit to the detainee occurs after the period of solitary confinement, during which the investigation and torture take place. Some families mentioned that the severe weight loss of the detainee made him unrecognizable, while other families reported that the detainee refused to meet with his children due to the effects of torture on his face and body. In addition to the shock of their appearance during the first meeting, some detainees also faced difficulty communicating and speaking due to what they had endured.

Intimidation of Families Speaking About Trial Processes:

Transparency is lacking in the Saudi government's dealings, and families are the main source of information reaching the outside world about what detainees are subjected to. In recent years, families have spoken out about cases, and mothers of detainees facing execution have previously recorded video clips detailing the violations their sons endured, including torture, mistreatment, and the fairness of the trial. Later, due to threats received by some families, they stopped publishing information. Additionally, information reached the European Saudi Organization confirming that some family members were summoned for questioning due to their communication with external organizations and the outside world.

Weekly Communication:

After the end of solitary confinement and interrogation, detainees are usually allowed a weekly call to their families. The European Saudi Organization for Human Rights has observed the deprivation of this right as a form of punishment.

It has also observed cases where communication was interrupted for several months without reason. Although the right to communication is an opportunity for families to check on their loved ones, it sometimes constitutes a form of psychological torture, especially with the lack of transparency and denial of families' right to farewell. In March 2023, the European Saudi Organization observed executions carried out every Tuesday for 8 weeks at the General Investigations Prison in Dammam, causing families of those sentenced to death in that prison to live in fear of the sentence being carried out. According to the organization's monitoring, families experienced psychological trauma when they heard about the execution of one of their sons on the same day they were expecting their weekly call, including the family of the young man Mustafa Aldarwish.

Monthly Visits:

After the interrogation period ends, detainees usually receive a monthly visit from their families. According to the organization's monitoring, Saudi Arabia has used this right as an additional tool for torture, depriving some detainees of it as a form of punishment for behavior that may involve filing complaints. Some families confirmed that they were informed of their deprivation of the right to monthly visits upon their arrival at the prison.

Furthermore, the organization observed a severe violation of the right to visit during the COVID-19 pandemic, as the Saudi government suspended this right for a long period without providing any alternative means for detainees to communicate. Later, despite easing and lifting restrictions imposed during the pandemic, Saudi Arabia continued to place glass barriers between detainees and their families without clear reasons.

Issuance and Approval of Judgments Without Notifying Families:

Transparency is lacking in the Saudi government's handling of death row prisoners, and in many cases, the organization noted families' inability to track the progress of their children's cases during the trial stages. According to some families, neither the court nor the lawyers responded to their inquiries about the status of the cases. The organization also tracked families' attempts to communicate with the Supreme Court to confirm the status of the verdicts in their final stages and the possibility of execution, but their attempts were ignored.

Defending Detainees and Execution:

Information Concealment:

Judicial procedures in Saudi Arabia have always been characterized by secrecy, particularly concerning the death penalty, where transparency is lacking, and information about executions is limited to the data published by the Ministry of Interior and the official news agency. Human rights organizations have used this information to monitor the numbers of executions carried out and some specific details, including the date, region, court, and type of sentence. However, reports have confirmed that Saudi Arabia does not disclose data about all the executions it carries out. This was evident in a statement from the official Human Rights Commission to Amnesty International regarding executions in 2022, and executions have also been observed to occur secretly.

By the beginning of 2024, ESOHR noted a new approach adopted in the data released by the Ministry of Interior. According to the monitoring, Saudi Arabia concealed the type of court that issued the verdicts in cases related to terrorism, indicating that the hidden court type is likely the Specialized Criminal Court. Additionally, some data released during 2024 concealed the type of sentence in cases where terrorism-related charges were mentioned, suggesting that the sentence is likely Tazzir.

Defending the Threatened:

Observations by ESOHR indicated that many families, who followed cases involving their sons threatened with execution, published about them, and communicated with organizations and the media, faced threats and harassment.

The information also confirmed that the threat of arresting men and prosecuting them for advocating for the condemned led to a new role for women in conveying information and violations about the victims. Later on, women were no longer immune from threats and violations due to the role they played in defending their sons, and information pointed to summonses and investigations related to this.

Deprivation of the Right to Farewell:

Families of detainees who were executed in Saudi Arabia in political cases are frequently deprived of their right to a final farewell, as families do not know the date of the sentence's execution, and in some cases, they do not know if it has been finally approved. Families of the condemned, who were followed by the organization, heard about the execution of sentences from the media and social media platforms, thus not knowing if they had received the last call or the last visit. This directly affects families, especially the children of those sentenced to death.

Deprivation of Burial and Mourning Ceremonies:

Since 2015, ESOHR has documented the prevention of families from receiving the bodies of their executed sons. Many families have demanded this right through public statements or direct messages to the relevant authorities. The Saudi government initially responded to these demands with indifference and later threatened the families if they continued to speak out and demand the right to burial. Families have confirmed that they do not know the location of burial, and Saudi Arabia only responds to this issue by stating that burial was conducted in Muslim cemeteries in accordance with Islamic law. This practice violates international laws and leaves deep psychological effects on families.

Additionally, the organization later observed a rise in violations after the execution of the sentence. Alongside the deprivation of the right to burial, families were prevented from holding mourning ceremonies in the usual manner, and some families were summoned and threatened. In 2024, the European Saudi Organization received information indicating that families of executed individuals were requested not to publish photos or any news about the execution of sentences.

:Conclusion

Tracking cases of individuals sentenced to death in Saudi Arabia is difficult, but the cases documented by human rights organizations reveal a pattern of violations that begin with arrest and do not end with the execution of the sentence. While the death penalty is a severe punishment that should only be applied in the most serious of crimes, in Saudi Arabia, it is widely applied under a broad umbrella of charges. The European Saudi Organization for Human Rights points out that the procedures preceding, accompanying, and following the issuance and execution of the penalty make it a severe and bloody punishment that affects not only the convicted individual and their family but also terrorizes the entire society.

EN