The annual report of the United Nations Secretary-General on the death penalty confirmed that Saudi Arabia, along with other countries, has resumed executions in light of widespread violations of international law.
The report was issued in the 51st session of the Human Rights Council, covers the period from July 2020 to June 2022 and is based on reports and interventions by states, international and regional United Nations bodies, and non-governmental organizations.
In the introduction to his report, the Secretary-General made it clear that the states that have not yet completely abolished the death penalty should be on an irreversible path towards its complete abolition, de facto and de jure. The death penalty cannot be reconciled with full respect for the right to life. The report indicated that 170 countries have abolished or suspended the death penalty, but contrary to the global trend, a minority of countries continued to use it.
Re-introduction or extension of the death penalty or the resumption of executions
Measures taken in the context of the coronavirus disease pandemic have had an impact on the imposition and application of the death penalty. In 2020 was reported a decrease in the number of death sentences handed down and executed in several countries, including Saudi Arabia. Due to the measures adopted to tackle the epidemic. However, with the easing of pandemic restrictions in 2021 and 2022, executions resumed or increased in many countries, and 3 countries including Saudi Arabia accounted for 88 of all known executions that year.
Safeguards guarantee the protection of the rights of those facing the death penalty
Limiting the use of the death penalty to the “most serious crimes”:
Many countries continued to impose and apply the death penalty for terrorism-related crimes. The Special Procedures of the Human Rights Council have expressed concerns about the use of counter-terrorism laws in countries, including Saudi Arabia, against foreign nationals and persons belonging to minorities. According to reports, the sentences were handed down despite judicial procedures that reportedly failed to achieve a fair trial and allegations of arbitrary arrest, torture, ill-treatment, and enforced disappearance.
The High Commissioner for Human Rights has condemned the mass executions in Saudi Arabia on terrorism-related charges, including against people belonging to minorities who participated in anti-government protests.
Fair trial guarantees:
Some death sentences were handed down after arbitrary arrests, a lack of due process and fair trial guarantees, and allegations of torture, including in the context of implementing counter-terrorism laws in countries including Saudi Arabia.
It was reported that many people on death row were unable to obtain personal legal representation, and some defence attorneys reported that they were unable to carry out their investigative work effectively. Concerns have also mounted that they are discouraging lawyers from taking on death penalty cases and making it difficult to find legal representation for people on death row.
Execution of minors:
Death sentences for crimes committed by people under the age of 18 are still legal in some countries. It is believed that perpetrators under 18 at the time of the crime are on death row in countries including Saudi Arabia.
Special procedures mandate holders expressed grave concern about the death sentences handed down against juveniles in Saudi Arabia, despite the sentences handed down after trials that reportedly failed to meet fair trial guarantees and allegations of arbitrary detention and torture. The Working Group on Arbitrary Detention had called on Saudi Arabia to immediately release a person who was arrested when he was 14 years old and sentenced to death after a trial involving irregularities, including an admission of guilt that was said to have been extracted under torture.
The Working Group and the Special Rapporteur on extrajudicial executions urged Saudi Arabia to adopt without delay the necessary legislative measures to abolish the imposition of the death penalty on children for all crimes, including those punishable by Qisas and Hadd punishments.
The Secretary-General ended his report with some conclusions and recommendations, including:
He notes with concern that, after suspensions due partly to restrictions related to the COVID-19 pandemic, the imposition and application of the death penalty has resumed or increased in many countries.
The Secretary-General recalls that all States should fully respect their obligations under international human rights law. The Retentionist States should impose the death penalty only for the “most serious crimes”, which has been consistently interpreted as crimes of extreme gravity involving intentional killing.
States should abolish the mandatory death penalty. Further, a process that takes into account the personal circumstances of the offender and the particular circumstances of the offence.
Pending abolition, States should also ensure that legal guarantees and safeguards are effectively put in place and implemented, including the right to seek pardon and commutation through procedures that offer certain essential guarantees.
The Secretary-General urges States to comply with transparency requirements on the imposition and application of the death penalty, and systematically and publicly provide full, accurate and disaggregated data on death sentences to facilitate a fully informed public debate on the scope of the use of the death penalty and its impact on human rights.
The Secretary-General recalls that international human rights law prohibits the imposition of the death penalty for crimes committed by persons under the age of 18 at the time of the offence.
States should also prohibit the imposition of the death penalty on persons with psychosocial or intellectual disabilities.
The European Saudi Organization for Human Rights affirms that the path of Saudi Arabia’s use of the death penalty goes against the global direction towards its abolition. In addition to its continued implementation and issuance, Saudi Arabia violates basic international laws, as it continues to use them against minors on a large scale, and ignores the lowest conditions of justice in trials.
ESOHR explains that in light of the intimidation of society, the intimidation of families and the lack of transparency, it is difficult to access documents and real numbers about the individuals who are currently on death row. However, according to the documentation of the European Saudi Organization, at least 34 people are still facing the death penalty, including 8 minors.