The independent experts affiliated with the United Nations sent a letter to the Saudi government expressing their concern about a widespread campaign targeting human rights defenders and activists through social media channels. They specifically mentioned the cases of Fouz and Manahel al-Otaibi.
The letter, signed by the Special Rapporteur on the situation of human rights defenders, the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Working Group on discrimination against women and girls, was sent on December 1, 2023.
The experts clarified that they received information regarding the criminalization of both Fouz and Manahel within the framework of exercising their right to freedom of opinion and expression. According to the information, Manahil Al-Otaibi is a human rights defender, fitness trainer, and artist from Saudi Arabia. She is also an activist on social media platforms, where she consistently advocates for women's empowerment and rights through her posts.
As for Fouz Al-Otaibi, she is a human rights defender and social media activist from Saudi Arabia. Known for sharing critical content about the Saudi government on social media, as well as sharing her personal life and marriage through her Instagram account, she has stirred controversy among conservative religious forces in Saudi Arabia. Additionally, she has called for the government to close government shelters where women and girls suffer from abuse in her posts.
According to information received by experts, on November 16, 2022, human rights defender and fitness trainer Manahel Al-Otaibi, along with another health activist, were arrested and detained based on their social media posts. These posts included criticisms of the male guardianship laws in Saudi Arabia and the personal status law, as well as participation in campaigns and the use of hashtags, including the "End Male Guardianship" campaign.
Manahel Al-Otaibi's posts also included criticisms of the traditional abaya dress requirements that cover the body. Despite Saudi authorities announcing the easing of dress regulations for foreign and Saudi women in 2019, Saudi women still face legal uncertainty, and some continue to face broad and loosely defined accusations of wearing "indecent clothing". The rapporteurs pointed out that Fouz Al-Otaibi also used her social media platforms to criticize the same guardianship laws.
The rapporteurs noted that before her arrest, Fouz Al-Otaibi had been outspoken in Saudi Arabia, and it was expected that she would face charges similar to those of her sister under the Anti-Cybercrime Law. These charges included "possession of multiple images and videos in revealing clothing on social media accounts" and "going to stores without wearing the abaya, filming it, and posting it on Snapchat".
In January 2023, Manahel Al-Otaibi appeared before judges who referred her case to the Specialized Criminal Court. The public prosecutors also added charges such as "defaming the image of the Kingdom internally and externally, inciting rebellion against the public order and the society's traditions and customs, challenging the judicial authority and its justice" and "inciting women and girls to abandon the Saudi values rooted in religion and traditions."
Currently, Manahel Al-Otaibi is detained in Al-Malaz prison in Riyadh, and it is alleged that she has been subjected to physical and psychological violence by another inmate. The prison administration placed her in isolation when she reported this violence, and she has also been denied contact with her family since November 5, 2023.
The special rapporteurs expressed concern about the pretrial detention and imprisonment of human rights defender Manahel Al-Otaibi, which appears to be a clear act of retaliation against her activity on social media, potentially constituting a violation of her right to freedom of opinion and expression.
The letter clarified that in his report on gender justice and freedom of expression, the special rapporteur on freedom of expression expressed concern about weaponizing "public morals" as a basis for monitoring women's behavior online and removing content.
The special rapporteurs also expressed serious concern about Manahel Al-Otaibi's trial before the Specialized Criminal Court, established in 2008 to try individuals accused of terrorism offenses. They explained that this court, alongside the vague definition of terrorism in the counter-terrorism law, is regularly used to suppress criticism and opposition to the government and ruling family. In fact, according to the rapporteurs, the nature of these broad and destructive laws is capable of criminalizing a wide range of practices, including peaceful protest actions.
The letter emphasized that the criminal charges against Manahel Al-Otaibi were part of a broader campaign against human rights defenders and social media users, who were targeted through government monitoring of their social media accounts. The rapporteurs pointed out that unfortunately, such a trend has been enabled by legislation such as the cybercrime law.
The European Saudi Organization for Human Rights sees the cases of both Fouz and Manahel Al-Otaibi as reflecting the Saudi government's approach to women's rights, where instead of empowerment, there is a tendency towards arrest, prosecution, and intimidation. ESOHR also asserts that criminalizing freedom of expression and holding women accountable for practices that should be sanctioned by the government indicates contradictions and a lack of trust in official promises.