United Nations human rights special experts have held the government of the Kingdom of Saudi Arabia responsible for the death of Dr. Musa Al-Qarni in prison, and confirmed that the information they received confirms that the killing of Al-Qarni involved several violations of international laws.
On November 8, 2021, the Special Rapporteurs sent a letter to the Saudi government to follow up on the case of Al-Qarni, whom the Working Group on Arbitrary Detention had considered in 2007 to be an arbitrary detention. The letter was signed by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the situation of human rights defenders, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and the Special Rapporteur on torture.
The letter detailed the case, noting that Al-Qarni is a human rights defender, university professor and longtime advocate for political and social reforms in the country, and that he and other people petitioned the King of Saudi Arabia for permission to open an Islamic forum, with the aim of “discussing freedom, justice, equality, citizenship, and pluralism, right advice and the role of women. On 2 February 2007, it was reported that he and the other persons were arrested by the Intelligence (Mabahith) on charges of financing terrorism and carrying out other illegal activities.
In February 2010, Dr. Al-Qarni was brought to trial before the Specialized Criminal Court in Saudi Arabia, and on November 22, 2011, he was sentenced to twenty years in prison, followed by a travel ban for the same period, on charges of “disobeying the ruler”, “planning to establish a political party” and “communicating with other foreign parties.”
While depriving him of his liberty, Dr. Al-Qarni was subjected, according to the letter, to torture or other cruel, inhuman or degrading treatment or punishment, including beatings, solitary confinement and placement in cells with other detainees who may be extremists, who were deliberately beating him because of his reformist views and civil participation.
The letter indicated that Dr. Al-Qarni was forcibly transferred to a psychiatric hospital and given inappropriate medications, and was systematically deprived of adequate medical care, even when he suffered a stroke in May 2018.
On the morning of October 10, 2021, Dr. Al-Qarni was found dead in his cell in Dhahban Prison in Jeddah by other prisoners. On October 14, 2021, the body of Dr. Al-Qarni was returned to his family. The body allegedly bore signs of torture, including broken ribs.
The Special Rapporteurs indicated that the information indicated that the cause of Dr. Al-Qarni's death was not natural, but rather as a result of trauma, including to the face and head. Despite this information, a comprehensive investigation has not yet been conducted into the death to determine its causes and circumstances.
The letter emphasized that these allegations, if substantiated, are a violation of the right to life, as enshrined in Article 3 of the Universal Declaration of Human Rights, and a violation of the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, enshrined in Article 5 of the Universal Declaration of Human Rights and Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Saudi Arabia ratified in 1997.
These allegations also violate the right to liberty and personal security, the right to freedom of opinion and expression, the right to freedom of peaceful assembly and association, and the right to due process and a fair trial.
The Special Rapporteurs emphasized that states bear the responsibility to care for the life and safety of the individuals they deprive of their liberty, and this aggravating duty leads to the assumption of state responsibility for violations in custody, which can only be refuted through a prompt, impartial, comprehensive and transparent investigation conducted by an independent body to determine its causes and circumstances and contribute to preventing the recurrence. The letter emphasized that failure to investigate such cases leads to impunity, which is a violation of human rights in and of itself in cases of torture and ill-treatment.
The European Saudi Organization for Human Rights confirms that the killing of Dr. Musa Al-Qarni in prison is not a one case, as the organization has documented a number of cases, in which people were mysteriously killed by government officials or others in Saudi prisons.
ESOHR points out that in light of the lack of independence of the judiciary and all official agencies, it is not possible to trust any investigation that these bodies may conduct, especially in light of the policy of impunity that protects those actually responsible for torture and other violations. ESOHR considers that Saudi prisons are not a safe environment for individuals, especially prisoners of conscience and human rights defenders, who are dealt with in retaliation because of their activities.