The United Nations Working Group on Arbitrary Detention said that in light of Saudi Arabia’s allegations of its willingness to cooperate with the Human Rights Council and its special mechanisms, and in light of the systematic violations it practices, it is waiting to set a date for the visit, which it had repeated its request in August 2021, as soon as possible.
The Working Group, in its views issued over the past years, reiterated its concerns about the pattern of violations practiced by Saudi Arabia in arrests, and has repeatedly made clear that in certain circumstances, widespread and systematic imprisonment may constitute crimes against humanity.
On February 4, 2022, in conjunction with the publication of its opinion on the arrest of the minor under threat of execution, Abdullah Al-Hwaiti, and his reference to the violations involved in the case, the Working Group proposed a date for the visit, which it had re-requested in August 2021, between September and October 2022.
The Working Group on Arbitrary Detention has been requesting a visit to Saudi Arabia for 15 years, without Saudi Arabia responding to the request. In 2008 it requested to visit Saudi Arabia, and in April 2011 it was reminded of the request again in August 2021. During its 30 years of work, the Working Group on Arbitrary Detention monitored 65 cases in which Saudi Arabia violated international law and its own obligations.
Over the past years, the Saudi government has promoted that it deals positively with the United Nations and its special mechanisms, especially by responding regularly to messages sent by working groups and special rapporteurs. The monitoring and follow-up of the European-Saudi Organization for Human Rights confirms that this promotion is unrealistic. In addition to continuing to ignore requests for visits, the responses and reports provided by the Saudi government contain misinformation and unrealistic information.
In addition, the Saudi government ignores the opinions of the Working Group, which clearly show violations of international laws and official obligations, as it continues to arrest individuals, including detainees, on the basis of expressing opinion and defending human rights, and the Saudi government has executed individuals that the Working Group confirmed as being arbitrarily detained.
In November 2019, the working group expressed “shock, horror and anger” at the issue of the execution of citizen Abbas Al-Hassan, without deciding on the request for information directed to the government. The Working Group found that his detention was arbitrary, illegal, and in violation of his right to a fair trial, his right not to be subjected to torture, and his right to life, among other issues. The Working Group also expressed its displeasure after the execution of Munir Al Adam and Abdul Karim Al-Hawaj, despite the issuance of an opinion confirming that their detention was arbitrary.
ESOHR believes that the Saudi government's record of dealing with the UN mechanisms and the working groups is bad, and that it is currently trying to use and deal with these mechanisms to promote a change in the human rights file, but the reality confirms its disregard for legal opinions and its violation of its international obligations.
The organization stresses that the repeated request of the Working Group on Arbitrary Detention to visit Saudi Arabia, due to the systematic violations of international law in the matter of arrests and deprivation of liberty, has not been responded to so far. The organization also stresses that any visit of the working group or any of the special rapporteurs and special mechanisms must be preceded by ensuring the ability to reach victims, activists, and women human rights defenders, especially with Saudi Arabia’s record of prosecuting collaborators with the United Nations and restricting visits that have already taken place.