In a dangerous precedent, the Specialized Criminal Court in Saudi Arabia issued a death sentence for each of Ali Muhammad al-Rabea and Ali Hassan al-Safwani, even though the Public Prosecution demanded sentences of a maximum of twenty years in prison.
And Ali Al-Rabea (October 14, 1975), a young man from Al-Awamiya, was arrested on February 7, 2021, during an armed raid on his house without any arrest warrant. According to the information, the arrest of Al Rabea, and the raids on the homes of family members, are part of acts of reprisal against him because of the activity of his wanted brother, Munir. In addition to Ali, Moroccan forces arrested his brother, Hassan, at the request of Saudi Arabia while he was trying to travel in January 2023. Saudi Arabia had previously executed their cousins.
Ali Al-Rabea was kept in solitary confinement for three months. During the investigation period, he was prevented from communicating with his family. As a result, he was subjected to severe torture, such as beatings and abuse. He was forced to write and sign confessions, and when he refused, he was returned to solitary confinement, which prompted him to sign.
The Public Prosecution charged him with several charges that did not include shooting or killing. It included joining a terrorist organisation, supporting terrorist ideology, providing aid and shelter to several terrorists and providing them with food supplies, using the information network and social networking programs to communicate with terrorists, and sending and preparing what would harm the general system.
In addition, and within the same group trial that included 4 people, the Public Prosecution brought similar charges against Ali Al-Safwani, including joining a terrorist organisation, supporting terrorist ideology, providing aid and shelter to several terrorists, participating in possession of weapons, preparing and sending what would be violating public order by communicating with several people.
Based on these charges, the Public Prosecution Office demanded:
- Articles 33, 34, 38, 43, 47, and 66 of the Anti-Terrorism Law sentence them to the maximum penalty.
Sentenced to imprisonment and a fine
Sentence them to a disciplinary punishment
The ruling confiscated two of their cars
The ruling bans them from travelling abroad- الحكم عليهما بالسجن والغرامة المالية
- الحكم عليهما بعقوبة تعزيرية زاجرة
- الحكم بمصادرة سيارتين لهما
- الحكم بمنعهما من السفر إلى الخارج
Before the judge, al-Rabea and al-Safwani denied all the charges against them and confirmed that they were subjected to torture and abuse and were forced to sign confessions. They also confirmed that they did not obtain a lawyer during the investigation period and were deprived of their fundamental rights.
Although the Public Prosecution did not request a death penalty for them, and even though the articles on which the Public Prosecution’s demands were based had a maximum sentence of 20 years in prison, the Specialized Criminal Court sentenced them to death on November 6, 2022.
The European Saudi Organisation for Human Rights believes that the death sentence against Ali al-Rabea and Ali al-Safwani without the Public Prosecution's request is a precedent of significant concern, as it shows evident arbitrariness in the practices of judges in Saudi Arabia. The organisation points out that the charges faced by al-Rabee and al-Safwani are not among the most serious in international law, including those related to the exercise of legitimate rights, and the use of terrorism law to criminalise them.
ESOHR stresses that the judge's ruling, which was not requested by the litigants, which is the prosecution in this case, indicates the widening scope of defects in the Saudi justice system, and the retaliatory and arbitrary use of the death penalty.