The Working Group on Arbitrary Detention has deemed the arrest of Abdullah Al-Darazi, Youssef Al-Manasif, Hassan Zaki Al-Faraj, Jawad Qrayris, and Jalal Al-Labbad by Saudi Arabia as arbitrary and has called for their immediate release.
وفي 15 نوفمبر 2024، أصدر رأيه On November 15, 2024, the Working Group issued its opinion, presenting the information received from the source regarding the five minors' cases, the Saudi government's response, and an analysis of the violations associated with their detention. The experts noted that while the Saudi government provided details on the domestic legal frameworks justifying the detention, it failed to demonstrate how these laws specifically applied to the detainees' situations.
The Working Group observed that while the source provided a detailed and coherent account, the government, in contrast, submitted limited information to substantiate its version of events and only partially responded to the allegations presented by the source. Notably, the official response did not describe how the arrests were carried out or who conducted them.
Furthermore, the source pointed out that while the government repeatedly claimed that the detainees were over 18 years old at the time they allegedly committed the crimes for which they were later charged, it failed to provide any details regarding the dates or specific factual circumstances of these crimes. Additionally, the source provided the detainees' birth dates, whereas the government did not disclose any information on this matter. Based on this, the Working Group found that the source had demonstrated a risk that the detainees were arrested and sentenced to death for actions committed before they turned 18. This constitutes a serious violation of the Convention on the Rights of the Child and is an egregious breach, particularly given the lack of any legal basis for their detention.
Additionally, the source indicated that the detainees were convicted under the Law on Crimes of Terrorism and its Financing, which came into force on February 1, 2014. However, the alleged acts took place in 2011 and 2012, thus constituting a violation of the principle of non-retroactivity.
Legal Framework and Violations
The Working Group affirmed that compliance with national laws does not exempt states from their international legal obligations. It highlighted the key violations documented in these cases:
- • Right to Be Informed of Charges: The detainees were reportedly not informed of the reasons for their arrest at the time of their detention, violating Article 9 of the Universal Declaration of Human Rights. The government also failed to adequately clarify the circumstances surrounding the arrest warrants or their execution.
- • Right to Appeal Detention: The detainees were unable to appeal their detention in a timely manner, contravening legal standards for the rights to be brought before a court as outlined in Article 9 of the Universal Declaration of Human Rights.
- • Prolonged Detention and Solitary Confinement: Reports indicate that some detainees were held in solitary confinement without contact with their families, violating the principles set forth in the Body of Principles for the Prevention of Torture and Arbitrary Detention.
- • Right to a Fair Trial: Allegations of torture and coercion during detention raise serious concerns about the fairness of the judicial process they faced, particularly the reliance on confessions obtained under duress, which violates fair trial principles under Article 11 of the Universal Declaration of Human Rights.
- • Discriminatory Nature of the Arrests: According to the information provided by the source, the detainees faced systematic discrimination that influenced both their arrest and subsequent trials. The Working Group considers this contextual discrimination significant, as it may violate Articles 2 and 7 of the Universal Declaration of Human Rights.
الإنسان.
Conclusions and Recommendations
The Working Group concluded that the detention of the five individuals is arbitrary and falls under the first, second, third, and fifth categories, as outlined in its criteria. This means that the arrest occurred due to the exercise of a human right, that the detention was carried out without legal charges, that it was based on discriminatory laws, and that it resulted from acts of torture, threats, or unlawful procedures.
Based on the legal opinion, the Working Group has called on the Saudi government to:
- • Immediately release the detainees and provide compensation to them.
- • Conduct a comprehensive investigation into their treatment and rectify the institutional practices that led to these violations.
- • Align domestic laws, especially regarding counter-terrorism measures, with international human rights standards.
The Working Group clarified that, over its 30-year history, it has found Saudi Arabia to be in violation of its international human rights obligations in more than 75 cases, raising concerns about the existence of a widespread or systematic issue of arbitrary detention, which constitutes a serious violation of international law. The Working Group further mentioned that under certain circumstances, widespread or systematic imprisonment or severe deprivation of liberty may constitute a violation of international law and crimes against humanity.
The European Saudi Organization for Human Rights notes that the opinion of the Working Group on Arbitrary Detention requires immediate action from the Saudi government. ESOHR views the continued threat to the lives of the five minors as a blatant disregard for this opinion and, therefore, for international law, which Saudi Arabia claims to respect. The organization points out that the Working Group’s legal opinion underscores Saudi Arabia’s ongoing violations, which are clearly reflected in the unprecedented execution figures in 2024.