Saudi Arabia repeated its allegations and justifications in its response to a letter from the United Nations Special Rapporteurs regarding its flagrant violations against minors detainees and their trials.
The Response sent by the Saudi government on April 14, 2023 to a previous communication received in February 2023 regarding the cases of seven minors facing the death penalty, and signed by Maurice Tidbal Baines, Vice-Chair of the Working Group on Arbitrary Detention, Mumba Malila, the Special Rapporteur on the Independence of Judges and lawyers Margaret Satterthwaite, the Special Rapporteur on the promotion and protection of fundamental human rights in the face of Terror in Fionnuala Ni Olin.
In the response, Saudi Arabia claimed that the communications were inaccurate and comprised false allegations and assertions based on information received from the source that was devoid of support and evidence. However, the response did not have any legal proof. Instead, it claimed that the procedures were in line with international obligations, including several conventions they ratified.
ESOHR refutes Saudi responses to the Special Rapporteurs' letter:
Minors on Death Row and the Juveniles Act::
Saudi Arabia claims to adhere to international human rights treaties, including the Convention on the Rights of the Child. It asserts that the individuals mentioned in the communications were over 18 years of age when they committed the crimes for which they were sentenced to death.
However, the monitoring of ESOHR shows the fallacy in Saudi Arabia's allegations. The ruling documents issued by the Specialized Criminal Court show that minors who are on death row have faced charges when they were under 18. In light of the Public Prosecution’s failure to specify the charges that carries the death penalty in its list, the accused must be treated as a minor:
- Ali al-Mabiouq (12 August 1998), the charge he faces is participating in funerals that took place when he was less than 18 years old.
- Yousef al-Manasef (September 8, 1996), the charge he faces of participating in funerals that took place when he was between 15 and 16 years old.
- Abdullah al-Darazi (October 8, 1995), among his charges is participation in a funeral that took place when he was 17 years old.
- Jalal Labbad (3 April 1995), among his charges is participation in demonstrations and a funeral when he was 15 years old.
- Ali Hassan al-Subaiti (May 15, 1999) among his charges is participation in demonstrations in support of Bahrain when he was 12 years old.
- Hasan Zaki al-Faraj (April 19, 1997) Among his charges is escorting a wanted person six years before his arrest when he was 14.
- Jawad Qureiris (October 16, 1997) among his charges was the burning of an oil pipeline when he was a minor.
- Abdullah Al-Hweiti (July 18, 2002) faces charges of murder when he was 14 years old.
Furthermore, ESOHR reports indicate that Saudi Arabia has executed at least 14 minors in recent years following unfair trials and grave violations. Saudi Arabia's response lacks concrete legal evidence to support its assertions.
Saudi Arabia claims that the Royal Decree prohibiting death sentences against minors in Taazir rulings was implemented in March 2020. However, it has not been officially published. Despite some instances where the royal decree was applied, eight minors remain on death row. Saudi Arabia executed the minor Mustafa Al-Darwish, in June 2020, despite the royal decree and claimed that he wasn’t a minor. However the court documents proved that he was 17 years old during the alleged crime. Mustapha’s execution highlights a failure to prevent grave violations and maintain consistent adherence to international standards.
The charges:
The official response said that Saudi Arabia is committed to carrying out death sentences for the most serious crimes only, and the number of charges faced by minors who face the death penalty is Taazir. The charges included in the response include: joining a terrorist organisation, receiving training, and planning to carry out operations. All the charges listed by Saudi Arabia did not include charges considered among the most serious, which according to international law are premeditated murder, and this clearly shows the contradiction even in the response.
The Executed bodies:
Concerning the fate of the executed bodies the Kingdom claimed that after the execution, the necessary arrangements are made for preparing the corpse expeditiously for burial, in accordance with their law.
Saudi Arabia's response fails to provide any information or evidence regarding executed bodies' burial locations. This lack of transparency implies a denial of families' right to bury their loved ones and perform funeral rites. ESOHR monitoring shows Saudi Arabia holds at least 140 bodies since 2016. This deprives families of the opportunity to bid farewell, arrange proper burials, and conduct funeral ceremonies. These actions directly impact the affected families, including the children who are denied closure and grieving.
Torture:
Saudi Arabia asserts that all detainees and prisoners are treated with dignity and rights. It denies torture practice within its prisons, emphasizing the prohibition and criminalization of such acts under Saudi Arabian laws.
Saudi Arabia's response is a repetition of previous statements that suffice with denial without facts. ESOHR's reports confirm the widespread use of various forms of torture and ill-treatment, beginning from arrest and continuing through the investigation stage. Court documents also reveal cases where detainees have been subjected to prolonged solitary confinement. This is considered a form of torture and inhumane detention both under Saudi Arabian legislation and international law. Saudi Arabia's torture denial lacks credibility in light of available evidence.
Fair trials::
In response to allegations of unfair trials, Saudi Arabia denies all claims, asserting that its laws guarantee fair and public trials before competent and independent courts. Defendants are entitled to present a defence, seek legal assistance, and file appeals against judgments. However, in practice, defendants often face difficulties obtaining legal representation throughout the proceedings, and appeals are often disregarded. The secrecy surrounding death penalty cases further infringes upon the right to a fair and public trial. This impacts the rights of the convicted, their families, and society at large. This lack of transparency violates the fundamental principles of justice.
Saudi Arabia contends that its judicial processes rely not only on confessions but also on factual and presumptive evidence. This includes arrest and investigation records, witness statements, and cross-examinations. However, court documents and monitoring by the ESOHR reveal a lack of evidence and cross-examinations. The reliance on confessions extracted from detainees through torture raises serious doubts about the fairness of the judicial system and the veracity of convictions.
ESOHR believes that Saudi Arabia no longer ignores the complaints and messages it receives,but rather responds with the aim of obscuring the facts and misleading the international community, as the responses that are submitted on time do not contain information Evidence, but repetition of legal texts and ignoring the facts.
ESOHR stresses that the official response cannot deny the fact that official documents show that minors are on death row facing charges that are not the most serious, after unfair trials during which they were subjected to violations, including torture.
ESOHR believes that the denial of these violations, coupled with the failure to address specific concerns, proves the lack of confidence in Saudi Arabia's promises regarding human rights reforms, especially with regard to minors sentenced to death. The response also shows that a number of minors are facing final sentences and therefore may be executed at any moment, although the lack of transparency did not allow them to know their exact legal status. ESOHR indicates that 9 minors are currently threatened with execution, according to the ESOHR's tracking, but Saudi Arabia's approach indicates that the number may be higher.