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The European Saudi Organization for Human Rights, in partnership with Reprieve, Manaa for Human Rights, the Freedom Initiative, ECPM, and Justice for Human Rights, submitted a report to the Universal Periodic Review mechanism in July 2023.
The report provided an overview of Saudi Arabia's failure to implement recommendations related to the death penalty and torture accepted during the previous Universal Periodic Review in 2018.
The report highlighted that despite reform promises, the application of the death penalty in Saudi Arabia continues in violation of its regional and international commitments under the Arab Charter on Human Rights, the Convention on the Rights of the Child, and the Convention Against Torture.
Data collected and analyzed during the three UPR cycles revealed:
- An 82% increase in the execution rate since Crown Prince Mohammed bin Salman assumed office in 2017.
- The highest recorded number of executions in 2022, with 2019 being the second-highest.
- Despite pledges to abolish the death penalty for individuals under 18 at the time of the alleged crime, Saudi Arabia continues to sentence them to death, with at least 15 children executed since 2013.
- 43% of total executions between 2010 and 2021 were for non-lethal offenses.
- 39% of those executed in Saudi Arabia between 2010 and 2021 were foreigners.
- The execution of at least 386 individuals for drug-related crimes between 2010 and 2021, constituting 71% of non-lethal executions.
- The execution of 46 individuals for exercising their basic rights, including attending protests and freedom of expression.
- Widespread use of confessions extracted under torture as evidence leading to death sentences.
Despite assurances since the last UPR in 2018 that Saudi Arabia intends to abolish the death penalty for non-lethal crimes and children, no royal decree or penal law has been published. Executions continue for drug-related crimes and juvenile offenders.
The number of executions rises despite the obligations of the Universal Periodical Review:
The organizations clarified that Saudi Arabia has failed to implement recommendations to improve transparency, as it has not disclosed information about those sentenced to death or those executed.
The organisations estimate that at least 1,243 individuals were executed between 2010 and 2021, including at least 31 women and 15 children at the time of the alleged crime. Concerns persist about the sentencing of individuals who were executed in Saudi Arabia based on confessions tainted by torture, amidst a lack of respect for fair trial rights.
- Since 2018 until June 2023, Saudi Arabia has executed 618 individuals.
- In 2019, Saudi Arabia executed the highest number of individuals compared to any other time.
- On April 23, 2019, Saudi Arabia executed 37 individuals in a mass execution, including 6 who were minors at the time of the alleged crimes.
- On March 12, 2022, Saudi Arabia executed 81 individuals in a single day, marking its largest mass execution in history.
Recommendations
Immediately declare an official moratorium on the use of the death penalty.
- Make information about those sentenced to death publicly available, including gender, age, nationality, ethnic affiliation, the number of individuals sentenced to death, executions carried out, and the number of death sentences overturned or mitigated on appeal.
- Conduct a comprehensive investigation into all executed cases and provide appropriate redress to families of victims who were arbitrarily executed.
Death Penalty for Non-Most Serious Crimes:
The report highlighted Saudi Arabia's failure to implement recommendations related to reducing the number of crimes punishable by the death penalty and the lack of any steps to review or amend legislation to restrict the application of the death penalty to the most serious cases, in line with its regional commitments.
According to international human rights bodies, the term "most serious crimes" should be interpreted restrictively and should only apply to crimes involving intentional killing.
Between 2010 and 2021, 542 death sentences were carried out for non-lethal crimes in Saudi Arabia, surpassing lethal crimes and accounting for 66%. Unlike many countries in the region, Saudi Arabia has not enacted objective criminal legislation.
The report indicated that the UN Committee on the Elimination of Racial Discrimination expressed concerns about the disproportionate number of foreign nationals facing the death penalty in Saudi Arabia. From 2010 to 2021, Saudi Arabia executed 490 foreign nationals, equivalent to 39% of total executions, slightly higher than the percentage of foreign nationals in the overall population (36%).
Between 2010 and 2021, 284 out of 386 executions (74%) were related to drug offenses and involved foreign nationals.
Foreign nationals facing the death penalty suffer serious violations of due legal procedures during their trials and hearings. They are often denied access to immediate translators and consular assistance.
Suppression of Basic Rights and the Death Penalty:
Despite supportive recommendations regarding not criminalizing the exercise of basic human rights, Saudi Arabia continues to misuse anti-terrorism legislation to issue death sentences.
The report noted that since Mohammed bin Salman came to power in 2017, Saudi Arabia has intensified the punishment for acts related to exercising the right to freedom of expression.
Data shows that individuals exercising their basic rights have been targeted, tortured, and sentenced to death, indicating that Saudi Arabia uses the death penalty as a tool for repression.
In 2023, three men were sentenced to death in the Specialized Criminal Court under terrorism charges related to their opposition to the forced displacement of local tribes. Several death penalty trials are currently underway in the Specialized Criminal Court, involving scholars and intellectuals facing the death penalty for exercising basic rights.
Recommendations
- Review and amend legislation stating the death penalty to ensure its application only for "most serious crimes," as required by the Arab Charter.
- Mitigate all death sentences issued for crimes that do not meet the minimum seriousness threshold, including drug-related offenses and crimes related to freedom of expression.
- Fulfill promises to formulate a penal code in line with international and regional human rights standards, prohibiting the death penalty for non-lethal crimes.
- Mitigate sentences for all individuals sentenced to death and convicted of non-lethal crimes.
Death Penalty for Children:
The report clarified that Saudi Arabia has not fully implemented previous recommendations regarding the prohibition of executing individuals under the age of 18 at the time of the alleged crime.
It pointed out that Saudi Arabia is a party to the UN Convention on the Rights of the Child, which strictly prohibits the death penalty for all individuals under 18 at the time of the alleged crime. While the exact number of children sentenced to death in Saudi Arabia is currently unavailable, organizations documented 9 cases of minors, confirming their exposure to torture and ill-treatment.
Recommendations
- Immediately cease the use of the death penalty against child defendants, regardless of the alleged crime, including mitigating sentences for all child defendants sentenced to death.
- Support the 2020 royal decree prohibiting the use of the death penalty against child defendants in all crimes.
- Amend the Juvenile Law of 2018 to prohibit all executions of minors.
- Conduct a comprehensive investigation into any executions of child defendants carried out in recent years and provide avenues for redress for the victims' families.
Torture and the Death Penalty:
Saudi Arabia has failed to implement recommendations related to the prohibition of torture and ill-treatment despite being a signatory to the Convention Against Torture. Organizations explained that detainees confirm being subjected to torture during detention and interrogation by officers.
It was noted that no investigations in line with international law have been conducted, and judges relied on evidence extracted under torture to issue verdicts.
Recommendations
- Immediately conduct a thorough investigation into all allegations of torture and provide medical treatment in line with international standards.
- Ensure the identification of perpetrators during a fully impartial and effective investigation into torture allegations for prosecution.
- Ensure that victims of torture and ill-treatment have access to redress, rehabilitation, and compensation.
Conclusion:
Saudi Arabia has failed to implement many recommendations it agreed to intending to align the use of the death penalty with international standards. Despite various promises regarding the use of the death penalty against child defendants, respect for fair trials, and freedom of expression, the use of the death penalty in Saudi Arabia continues to grow.