7 United Nations experts have expressed their concern for the lives of three members of the al-Huwaitat tribe, who are sentenced to death in the Kingdom of Saudi Arabia, due to their refusal to force evictions due to the NEOM project, and urged them to stop the sentence.
The statement issued on 3 May 2023, signed by Special Rapporteur on the right to adequate housing Balakrishnan Rajagopal, Special Rapporteur on freedom of opinion and expression Irene Khan, Special Rapporteur on extrajudicial, summary or arbitrary executions Maurice Tidpal Baines, Chair of the Panel Working Group on Arbitrary Detention, Priya Gopalan, along with the Working Group on Business and Human Rights, Special Rapporteur on Counter-Terrorism and Human Rights Vyunwala Ni Aulin, and Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Alice Gail Edwards.
The joint statement indicated that although they were accused of terrorism, the three young men were arrested for objecting to the forced evictions in the name of the NEOM project and the construction of a 170 km linear city (the line), and they explained that NEOM is a future smart city development project of the Saudi Public Investment Fund.
The experts pointed out that the information confirmed that Saudi Arabia sentenced on August 5, 2022, to death Shadli al-Hwaiti, Ibrahim al-Hwaiti, and Atallah al-Hwaiti, and on January 23, 2023, three others from the al-Hwaitat tribe were sentenced: Abdel Nasser Ahmed Mahmoud al-Hwaita, to 27 years in prison. And Mahmoud Ahmed al-Hwaiti to 35 years in prison, and Abdullah Dakhil Allah al-Hwaiti to 50 years in prison.
The experts stressed that under international law, countries that have not yet abolished the death penalty may impose it only for the "most serious crimes," which includes "intentional killing." The experts also urge Saudi Arabia to promptly and impartially investigate allegations of torture and other ill-treatment, review the sentences handed down against these six individuals, and retry them by the rules and standards of due process and fair trial.
The statement indicated that all six individuals were charged under the broad and ambiguous Saudi law of 2017 on combating terrorism and its financing, warning that this law is not in line with international law. They expressed grave concern that some detainees had been tortured and ill-treated to extract confessions.
Saudi Arabia has reportedly implemented a series of measures to displace members of the al-Huwaitat tribe from their traditional homes and lands in three villages, al-Khuraiba, Sharma and Jial, due to the NEOM project since January 2020. The experts explained that information indicated that many of them had been evicted and had their homes demolished without adequate compensation. During the initial protests, a member of the tribe, Abd al-Rahim al-Hwaiti, was killed in his home by members of the Saudi Special Forces.
The experts stressed that under these circumstances, the requirements of the free, prior and informed consultation and consent of the al-Huwaitat people in the three villages cannot be considered to have been met, and on the contrary, these measures amount to forced evictions prohibited under international law, as a violation of the right to adequate housing. These measures also constitute flagrant violations of the right to freedom of expression and access to information.
The experts urged all companies involved, including foreign investors, to ensure that they do not cause or contribute to serious human rights violations and that they are not directly linked to them.
The experts reminded Saudi Arabia of its obligations under the UN Convention against Torture and called on it to recognize core international human rights instruments, including the two International Covenants, as soon as possible. They also emphasized the importance of imposing an official moratorium on all executions with a view to the complete abolition of the death penalty and allowing for oversight of the proceedings, including by accepting pending country visit requests from UN Special Procedures.
The statement indicated that the experts had contacted the government, the Saudi Public Investment Fund and the NEOM company, in addition to 18 foreign companies and the countries in which they reside on this issue.
The European Saudi Organisation for Human Rights notes that the death sentences for expressing an opinion regarding economic projects and rejecting the policy of forced displacement show the arbitrary use of this punishment as a tool of intimidation. ESOHR states that, according to its tracking, at least 63 people are currently facing the death penalty, including 9 minors. ESOHR’s documentation shows that most of those threatened with execution face charges, including those related to expressing an opinion and participating in demonstrations, in light of blatant deficiencies in the judicial system. It believes that death sentences against the backdrop of rejecting or criticizing economic projects in which popular opinion is marginalized shows the reality of what is happening in Saudi Arabia, in contrast to official propaganda.