On February 25, 2022, and 15 days before Saudi Arabia announced the largest documented mass execution in its history, seven United Nations human rights experts sent a letter to the Saudi government asking it to halt the executions of individuals who were among the victims of mass executions.
The Saudi government’s disregard of the rapporteur’s letter was not the first, where it executed the minor Mustafa Al-Dorish, days after receiving a letter confirming that his trial had violated the terms of justice.
The letter, which detailed the cases of the two young men, Aqil Al-Faraj and Asaad Shuber, called on the Saudi government to immediately stop any procedure that may be considered or taken towards their execution, given that the information confirms that they may constitute arbitrary executions. The experts called for "the abolition of the death penalty imposed on them" and "a serious, complete, thorough and detailed investigation into the allegations of torture they may have been subjected to, and to ensure that they are retried promptly in accordance with international law and standards."
The letter was signed by: the Special Rapporteur on extrajudicial summary or arbitrary executions, the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on minority issues, the Special Rapporteur on freedom of religion or belief, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The letter that reached the special rapporteurs showed the cases of Asaad Shuber and Aqil Al-Faraj.
Asaad Makki Shuber
On April 28, 2017, Assad Makki Shuber, a member of the Shia minority, was arrested without a court order and held for more than two years without trial, including in solitary confinement. He was allegedly subjected to torture or other cruel, inhuman, or degrading treatment or punishment and forced to sign confessions.
In May 2019, he was charged before the Specialized Criminal Court with terrorism-related charges under several legal provisions, including the Anti-Terrorism Crimes and Financing Law.
In January 2021, he was sentenced to death, but the Specialized Appeal Court upheld the verdict on July 2021 and August 27, 2021. While the case was pending before the Supreme Court, some special procedures mandate holders made an urgent appeal to the Government of Saudi Arabia, calling on the competent authorities to ensure that Shuber was not executed. Also, they asked to take all necessary steps to address any allegations of torture, arbitrary detention, and violations of a fair trial. In addition to a due process guarantees that he may have suffered, and at least call for a new trial in full compliance with international legal rules and standards. According to new information received on February 12, 2022, the Supreme Court upheld the death sentence handed down to Mr. Shuber.
Aqeel Hassan Al-Faraj
On December 25, 2013, Aqil bin Hassan Al-Faraj was arrested at a checkpoint in the Nazareth neighborhood of Qatif while driving a vehicle that turned out to have a modified chassis number. He was taken to a police station and interrogated for three hours. Al-Faraj was held in solitary confinement for approximately two and a half months, where he was allegedly subjected to torture or other cruel, inhuman, or degrading treatment or punishment, and was unable to communicate with his family or the outside world.
He was reportedly beaten, electrically shocked, burnt with cigarettes, and placed in freezing cells. This led to a deterioration in his eyesight, permanent pain in the back and joints, and severe psychological distress. Nearly five years after his arrest, Al-Faraj appeared before the Specialized Criminal Court. As soon as he learned of the charges against him and the Public Prosecution office asked to sentence him to death, Al-Faraj had a nervous breakdown.
During the trial, Al-Faraj told the court that he had been forced to sign a confession under torture. However, these allegations have reportedly not been investigated. After three sessions, the government appointed a lawyer for Al-Faraj, who only attended two court sessions. The family decided to hire a new lawyer, but he could not access sufficient information and documents to defend him. The family submitted petitions to various authorities, including the royal court, over the abuse he was subjected to. But it was not answered.
The opinion of the rapporteurs
The Special Rapporteurs expressed their concerns regarding the cases of Asaad Shuber and Al-Faraj, who were sentenced without due process and a fair trial. The rapporteurs explained the violation of international law in these cases through their failure to obtain the necessary legal assistance and their exposure to torture and ill-treatment.
The rapporteurs stressed that when the death penalty is not legally prohibited, it may only be imposed by a final judgment issued by a competent court after compliance with a strict set of substantive and procedural requirements and fair trial guarantees. The rapporteurs emphasized that the right not to be arbitrarily deprived of life is a rule of customary international law. In addition to being a general principle of international law and a norm of jus cogens. Therefore, any death sentence imposed in contravention of the state’s obligations under international law is equivalent to an arbitrary execution, hence illegal.
The Special Rapporteurs restated their concerns regarding Saudi counter-terrorism legislation in general and the Anti-Terrorism Crimes and Financing Law in particular. Including periods of isolated detention of up to ninety days, pretrial detention periods of up to one year that can be extended, as well as serious restrictions on the right to contact a lawyer and other fair trial standards.
The European Saudi Organization for Human Rights believes that the United Nations' special procedures and human rights experts have demonstrated the Saudi violations of international law and its obligations in the cases of Asaad Shubr and Aqil al-Faraj, days before the mass execution. Therefore, ignoring the demands and calls of the special rapporteurs is a disregard for international laws and United Nations bodies, contrary to the claims of the Saudi government. The organization considers that the execution of Shubr, Al-Faraj, and 79 others is arbitrary, as defined by the special rapporteurs and their refusal of the data, and a flagrant violation of the right to life.