On November 20, 2023, Universal Children's Day is observed, commemorating the adoption of the Convention on the Rights of the Child by the United Nations General Assembly.
Saudi Arabia ratified the convention in 1996, which stipulates in Article 37 that State Parties shall ensure that: (A) No child shall be subjected to torture or other cruel, inhuman, or degrading treatment or punishment. Neither capital punishment nor life imprisonment without the possibility of release shall be imposed for offenses committed by persons below eighteen years of age.
Official statements from Saudi Arabia repeatedly assert that the law protects minors from the death penalty and imposes a maximum sentence of 10 years.
The European Saudi Organization for Human Rights maintains that official statements are part of formal propaganda for reforms, and the laws are mostly symbolic, with violations persisting both in the text and in practice.
Death Sentences:
Since 2016, Saudi Arabia has executed 12 minors after unfair trials, with their bodies still being held. In 2018, Saudi Arabia promoted radical reforms in juvenile rights, announcing the issuance of the Juvenile Events System, specifying that "if the crime is punishable by death, it shall be punished by placement in a facility for a period not exceeding ten years," excluding solitary retribution.
Despite this, in June 2021, Saudi Arabia executed Mustafa Aldarwish on nonviolent charges committed when he was a minor, following an unfair trial involving mistreatment and torture. Currently, at least 8 minors face death sentences for nonviolent charges committed when they were underage, including Abdullah Aldurazi, Jalal Albade, Youssef Almanasif, Ali Almubiyuq, Hassan Zaki Alfarge, Ali Hassan Alsabaiti, Jawad Quraish, and Mahdi Almohsen, in addition to a minor facing retributive execution, Abdullah Alhuwaiti.
Saudi Arabia denies that the convicted were minors at the time of the alleged crimes. Despite the absence of documentation at the time of the charges, tracing some cases confirms that the alleged crimes occurred before the individuals turned 18.
Extended Sentences:
Article 15 of the Juvenile Events Law states that if the juvenile is not yet fifteen at the time of committing the act or acts punishable, only one or more of the following measures shall be imposed:
Admonishing and warning him, handing him over to one of the parents or those who have guardianship, prohibiting him from entering specific places for a period not exceeding three years, prohibiting him from engaging in a specific job, placing him under social surveillance in his natural environment for a period not exceeding two years, obliging him to perform certain duties for a period not exceeding three years, placement in a social or medical institution for a period not exceeding one year, provided that he is fifteen at the time of committing the punishable act.
If the juvenile is fifteen at the time of committing the act or acts punishable, he shall be subject to the prescribed penalties except imprisonment. He shall be sentenced to placement in a facility for a period not exceeding half the maximum period of the highest penalty prescribed for that act, without adhering to the minimum penalty for that punishment.
Despite the law's text, Saudi Arabia issues extended sentences for minors. In August 2023, according to circulated information, Manal Alqifari, arrested at 17, was sentenced to 36 years in prison and a travel ban for charges related to tweeting. This case marks the first recorded instance of a female minor facing charges, with expectations of other unrecorded cases.
In March 2023, the Appeals Court upheld the 35-year prison sentence and an equal travel ban for the juvenile Sajjad Alyassin, among charges related to participating in anti-state protests when he was under 18.
Furthermore, Saudi Arabia continues to detain Mjtaba Alsewaini, arrested at 16 and sentenced to 13 years in prison.
Torture:
Article 8 of the Executive Regulations of the Juvenile Events Law states that an investigation with a juvenile shall be conducted within the facility or in a place where he feels reassured and mentally comfortable. If the public prosecutor's interest requires investigating him outside the facility, he must be provided with reassurance and mental comfort, and the investigation should not adversely affect him psychologically, socially, behaviorally, or educationally.
The European Saudi Organization for Human Rights asserts that Saudi Arabia violates several provisions of the Juvenile Events Law and its executive regulations, especially regarding investigation, the presence of a legal guardian, and others. Additionally, there is evidence of torture and mistreatment at various levels, contradicting Saudi Arabia's international commitments, including the Convention on the Rights of the Child and the Convention Against Torture.
In September 2014, Murtaja Qureiris, aged 13, was arrested, tortured, and placed in solitary confinement. Mohammed Essam Alfaraj, arrested at 15, suffered increased blood pressure and deteriorating physical conditions due to torture.
Although all minors facing the death penalty currently affirm experiencing torture and mistreatment to extract confessions, no investigations have been conducted, and the sentences have been approved.
On Universal Children's Day, the European Saudi Organization for Human Rights perceives Saudi Arabia's treatment of minors as reflecting its broader stance on human rights. While promoting laws and reforms, the reality exposes significant gaps in both the legal text and its implementation, with Saudi Arabia violating its specific commitments and issuing harsh and extended sentences against minors.