UN human rights experts have expressed grave concern for the physical and mental health and well-being of three human rights defenders detained in Saudi Arabia.
The Special Rapporteurs on the situation of human rights defenders, the Working Group on Arbitrary Detention, the Special Rapporteur on the rights to peaceful assembly and of association, and the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, have signed the letter sent to the Saudi government On November 30, 2022.
The letter raised the issue of the continued arbitrary detention of Muhammad al-Rabeeah, Issa al-Nakhifi, and Muhammad al-Qahtani. The letter summarized the case of the three defenders:
- Mr Mohammed al-Rabiah is a human rights defender working for women’s rights and advocating for the end of male guardianship in Saudi Arabia. He was arrested on 15 May 2018 for his advocacy on women’s right to drive, and sentenced in April 2021 to six years in prison, reduced to four years and six months on appeal.
- Mr Issa Al-Nukhaifi is a human rights defender, anti-corruption activist and lawyer who advocates against the Government’s policy of forced displacement of persons from the borders between Saudi Arabia and Yemen without allegedly receiving adequate compensation. He has also been critical of and protested against Saudi Arabia’s war on Yemen.
- Dr Mohammad Al-Qahtani is a human rights defender and a founding member of the Saudi Civil and Political Rights Association (ACPRA), a leading human rights organisation in Saudi Arabia. He was convicted on 9 March 2013 and sentenced to ten years in prison for “refusing to submit to the will of the King,” “incitement,” and “communicating with foreign entities.” In December 2020, March 2021, and August 2021 Dr Al-Qahtani reportedly went on a hunger strike jointly with other inmates to reportedly protest on harassment and a lack of family contact, access to books and to essential medication. by other prisoners and protested against the Al-Ha’ir prison administration’s alleged refusal to have him transferred.
Updates:
- The case of Mr Mohammad al-Rabiah:
Mr Al-Rabiah reportedly started a hunger strike in late September 2022 when he learned that he would not be released at the end of his term. He was allegedly informed by prison officials a few days before his scheduled release that the Supreme Court had overturned his sentence, and that he would stand trial again.
- The case of Mr Issa al-Nukheifi:
On 15 October 2022, Mr Issa Al-Nukheifi was due to be released at the end of his sentence, instead of which he continued to be held in detention. He has reportedly not received any explanation by prison authorities or other sources for not releasing him on time, and he was reportedly not provided with legal assistance. He reportedly has joined Mr Al-Rabiah in his hunger strike.
- The case of Dr Mohammad al-Qahtani:
In May 2022, Dr Al-Qahtani went on a hunger strike to demand transfer from his cell after reportedly being beaten by co-detainees who suffer from mental illness. His request was reportedly not met.
In May 2022, Dr Al-Qahtani went on a hunger strike to demand transfer from his cell after reportedly being beaten by co-detainees who suffer from mental illness. His request was reportedly not met. In October 2022, Dr Al-Qahtani was again attacked by co-detainees who suffer from mental illness, who were reportedly encouraged by another cellmate. His family are fearful that he may continue to be attacked, putting his life in danger, in particular after the death in prison of another human rights defender, Dr Moussa Al-Garni, in October 2021 in similar circumstances. Dr Al-Qahtani completed his 10-year prison sentence on 21 November 2022 but remains unreleased. He has reportedly had no access to legal counsel or contact with his family and he has reportedly not been informed in relation to his release.
The letter referred to particular concerns about the allegations that Dr al-Qahtani was held in the same cell with detainees who physically assaulted him, endangering his life, and with not transfer him to a safer place, which amounts to ill-treatment.
The Special Rapporteurs expressed their concern about the lack of due process, as the human rights defenders were not released after the end of their sentences, in violation of international fair trial standards. The Special Rapporteurs also stressed their particular concern about what they described as an emerging trend of keeping human rights defenders in prison after completing their sentences, by overturning the original sentence and ordering new trials without providing them with adequate information or necessary legal assistance, in flagrant violation of the principle of prohibiting prosecution for the same offence.
The European Saudi Organization for Human Rights believes that what human rights defenders are exposed to in Saudi Arabia is part of a pattern of violations that have intensified over the past years in an attempt to impose complete silence on society at home. ESOHR considers that the new approach referred to by international experts, which is the continuation of detention after the end of the sentence, clearly reflects the vengeful nature of dealing with human rights defenders, in addition to the blatant flaws in the justice system.