The Moroccan security forces arrested Al-Rabea on January 14 2023, while he was trying to travel to Turkey. Ten days later, Saudi Arabia's Deputy Head of State Security Minister, Abdullah bin Fahd bin Saleh Al-Owais, visited Morocco with a security delegation and signed a security cooperation and counter-terrorism agreement.
ESOHR believes this decision is a flagrant violation of human rights, international laws ratified by Morocco and its domestic laws. It is likely to result in an escalation of repressive security cooperation between the two countries. Moreover, extradition is participation in the crimes that are likely to be committed against Al Rabea upon his arrival in Saudi Arabia, such as arbitrary detention, ill-treatment, torture, unfair trials, and arbitrary sentences that may reach the death penalty.
ESOHR points out that, in the deportation decision, Morocco violated the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Morocco ratified in 1993. This was done by extraditing suspects to a country that might subject them to torture.
In addition, agreeing to extradite Hassan is a violation of the Moroccan Code of Criminal Procedure, Article 719 which states that “No person may be extradited to a foreign state if not being sought for prosecution or convicted for acts envisaged in the present Code.” Since the Moroccan terrorism law does not include the charge levelled by the Saudi government against Hassan, which states, according to the order of the Public Prosecution Office, is: facilitating the exit of a terrorism suspect from the country.
ESOHR considers that the violations included in the Court of Cassation's decision confirm that Morocco is a partner in everything that the Rabea family will be subjected to. It indicates that the arrest warrant for Al-Rabea is related to a series of reprisals that the Saudi government is carrying out against his family, in light of his brother’s role in the events that took place in the Qatif region. According to the information, Hasan has a brother who is persecuted by the Saudi government due to his activity. In addition, his brother, Ali Al-Rabea, faces the threat of execution after he was sentenced in an unfair trial on non-violent charges and confessions extracted under torture, on charges that are likely to be revenge and related to his brother's activity as well.
The European Saudi Organisation for Human Rights sees that the decision of the Moroccan Court of Cassation demonstrates clear compliance with the dictates of the Saudi government, even in cases that violate international laws. The organisation points out that this decision is not unique, as Morocco handed over businessman Osama al-Hassani to Saudi Arabia in March 2021 despite fears for his life and safety.
ESOHR also considers this decision to contradict the commitments that Morocco agreed to when it obtained membership in the Human Rights Council for the third time in October 2022, as it constitutes a flagrant violation of its international obligations regarding human rights, especially the Convention against Torture.