The United Nations Committee on the Rights of Persons with Disabilities deemed Saudi Arabia's prolonged solitary confinement of cleric Safar Abdul Rahman Al-Hawali without trial and without providing the necessary accommodations for his disability a grave violation.
The committee had received information from a source about Al-Hawali's arrest in 2018 following his criticism of Crown Prince Mohammed bin Salman. They corresponded with the Saudi government regarding the matter and issued an opinion after analyzing the information and Saudi Arabia's response in May 2024. لتصدر The committee had received information from a source about Al-Hawali's arrest in 2018 following his criticism of Crown Prince Mohammed bin Salman. They corresponded with the Saudi government regarding the matter and issued an opinion after analyzing the information and Saudi Arabia's response in May 2024.
Committee member Markus Schefer later explained in a statement that Al-Hawali has faced extensive human rights violations over the past six years, including enforced disappearance, arbitrary detention, denial of his right to due process, denial of his right to health, and acts of torture or inhuman treatment.
The committee's opinion stated that Al-Hawali is now 76 years old and has permanent disabilities resulting from strokes that have affected his communication, movement, and ability to care for himself. He also suffers from an inability to speak, which prevents him from using facial muscles to talk and understand, and he cannot move independently. Additionally, his fractured pelvis and kidney failure require regular medical care.
In July 2018, Al-Hawali and one of his sons were arrested by the State Security Presidency without any arrest or search warrants. His family did not know his whereabouts for more than two months until the Working Group on Enforced or Involuntary Disappearances requested information from the authorities, who later reported that Al-Hawali was under investigation under the Anti-Terrorism Law and its financing. He was later transferred to Al-Ha’ir Prison in Riyadh, where he has allegedly been detained ever since. The Anti-Terrorism Law allowed for Al-Hawali's prolonged detention without being presented before a judge or granted legal assistance.
The committee's decision clarified that despite his need for assistance with communication, mobility, and self-care, none of the accommodations required by his disability were provided. As a result, he was isolated and unable to express his needs in prison. It was noted that his family members were allowed to visit him only intermittently, and his health condition significantly deteriorated during his detention.
Schefer indicated that even if there was a domestic legal basis for his detention, the authorities' treatment of Al-Hawali, as well as the delays in acknowledging his whereabouts and judicial delays, were inappropriate, unjustified, and unreasonable. He emphasized that despite Al-Hawali's inability to communicate, the authorities took no measures to enable him to express himself before the judiciary and file complaints.
Consequently, the committee found that Saudi Arabia violated Al-Hawali's rights to access justice and due process. Noting the deterioration of his health, the committee considered that Saudi Arabia violated his right to enjoy the highest attainable standard of health. Considering the degree of suffering involved in prolonged isolation, the committee also found that Saudi Arabia violated Al-Hawali's rights to protection from torture or cruel, inhuman, or degrading treatment and to respect for his physical and mental integrity.
Additionally, the committee requested that Saudi Arabia immediately review Al-Hawali's case to ensure a fair and public trial in accordance with international standards or release him and immediately cease any retaliatory actions against Al-Hawali and his relatives. The committee also emphasized that the civic space for criticizing state institutions is a fundamental pillar of a democratic society.