The Working Group on Arbitrary Detention confirmed that Saudi Arabia arbitrarily is detaining Hussein bin Abdullah Al-Sadiq and that this comes in the context of systematic and widespread detentions that constitute a serious violation of international law.
In March 2022, the Working Group discussed the information it received from the source about Al-Sadiq’s case, and the response of the Saudi government, and concluded by calling on the latter to immediately release him and give him his right to compensation and hold the violators accountable. The working group's opinion showed that Al-Sadiq's case includes widespread violations, and it also reflects the misuse of laws and the Saudi government's disregard for recommendations and opinions.
Information from the source::
Hussein Al-Sadiq (1975) is a Saudi social activist. He worked in religious associations and voluntary charitable committees, and in organizing religious and cultural events, activities, and lectures in Qatif.
On September 24, 2015, a stampede during the Hajj season in Saudi Arabia killed more than 2,400 pilgrims, most of them from Iran. As a result, the Iranian government held the Saudi authorities responsible for the disaster. Then the mayor of Tarut verbally attacked the Supreme Leader of Iran, Mr Ali Khamenei. After that, Al-Sadiq called the mayor to protest the verbal attacks, and the dispute escalated between them, as the mayor accused Al-Sadiq of insulting the king and the Saudi government.
On October 1, 2015, he was summoned based on allegations against him by the Mayor of Tarut, according to which he had insulted the king and the government, before he was arrested inside the police station without showing any arrest warrant, without informing his family of his arrest. Soon, his family discovered that he was being held at the Qatif police station.
His family visited him almost daily for two weeks when they were only allowed to talk to him for a very short period of time. After that, Al-Sadiq was transferred to the General Investigation Prison in Dammam, where he was subjected to solitary confinement and various forms of psychological and physical torture, his sect was insulted, and he was denied contact with his family for a period of three months. As a result of the torture, he passed out for three days and was forced to confess to the charges against him.
During the first two years of his detention, Al-Sadiq was denied access to a lawyer. After finally being allowed to have legal representation, his lawyer was not permitted to meet him. He faced several charges, including loyalty to Iran, affiliation with Hezbollah, and producing, preparing, transmitting, and storing materials that violate public order, religious values, public morals, and privacy through a computer. The Specialized Criminal Court sentenced Al-Sadiq to nine years in prison on February 20, 2018. On January 17, 2021, the Court of Appeals increased his sentence by an additional four years, resulting in a total of 13 years of imprisonment.
Saudi government response::
The Saudi Arabian government responded in May 2022, stating that the allegations in the report were inaccurate and lacked evidence. They claimed Al-Sadiq was provided access to a lawyer, and the court's ruling against him was based on his conviction for crimes punishable under the Anti-Terrorism Law and the Cybercrime Law. They argued that there is no discrimination against citizens, as the laws prohibit discrimination.
The working group's response::
The Working Group on Arbitrary Detention discussed the information provided by the source and the Saudi government's response. They asserted the accuracy of the information from the source and found the Saudi government's denial lacking evidence. The Working Group considered the lack of a detention warrant as a violation of international law and referred to their previous jurisprudence, stating that orders for detention issued by the Minister of Interior or authorized entities like the General Directorate of Investigations are illegal and detention orders should be subject to judicial oversight.
The team stated that Al-Sadiq was subjected to solitary confinement for three months, and he remained detained for two years without trial. The Panel emphasized that solitary confinement, which lacks any proper legal basis, is arbitrary in nature, as it places victims outside the protection of the law and deprives them of any legal safeguards. The team indicated that it was illegal to detain Al-Sadiq for two years without trial. The Working Group considered that the Saudi authorities forcibly disappeared Al-Sadiq, deprived him of appropriate legal representation, tortured him, and punished him for peacefully expressing his opinions and practicing his religious rites in violation of international law.
The group pointed to Saudi Arabia's repeated use of the anti-cybercrime law and the anti-terrorism law - with their broad articles - with the aim of criminalizing the exercise of the rights to freedom of thought, religion, and freedom of opinion and expression. Accordingly, the Panel considered Al-Sadiq's detention to be arbitrary.
The Working Group called for Al-Sadiq's immediate and unconditional release and appropriate compensation according to international standards. They urged the Saudi government to conduct a thorough and independent investigation into the circumstances surrounding Al-Sadiq's arbitrary deprivation of freedom and take appropriate measures against those responsible for violating his rights.
The European Saudi Organisation for Human Rights also affirms that Al-Sadiq's arrest, enforced disappearance, and solitary confinement are unlawful. They warn about the danger of Saudi Arabia's deliberate and extensive use of Anti-Terrorism Law and Cybercrime Law against activists, human rights defenders, and religious minorities, leading to unfair trials resulting in long-term imprisonments or harsher sentences, including the death penalty. ESOHR stresses that Saudi Arabia's failure to respond to the Working Group on Arbitrary Detention's request indicates the country's disregard for international laws.