UN special rapporteurs have called on Saudi Arabia not to execute the detainees Mohammed Al-Shakhouri and Asaad Shubbar. They stressed that the failure to respect procedure measures and fair trials standards constituted arbitrary killings for which the State is responsible.
The letter was addressed by the Special Rapporteurs in August 2021 on the basis of information received from sources, clarifying the merits of the cases, including the arrest of Shakhouri and Shubbar, the violations they suffered, including enforced disappearance, torture and denial of the right to a fair trial.
Special Rapporteurs expressed their deep concern at the death sentences of Mohamed Al-Shakhouri and Saad Shubbar, in particular that the sentences were based on confessions extracted under torture. They emphasized that the use of these confessions by the judicial authorities as evidence of conviction is a flagrant violation of due process and fair trial guarantees. The Rapporteurs also expressed their concerns that belonging to a religious minority was the cause of the violations, persecution and ill-treatment to which they had been subjected. In addition, the rapporteurs expressed their concern that the enforced disappearance and torture they had suffered had not been investigated despite the fact that the judge had been informed.
The letter indicated that if these allegations were confirmed, they would violate the rights to life, freedom and security which are guaranteed by article 3 of the Universal Declaration of Human Rights. It also violates the international law's prohibition on enforced disappearance and the right to freedom of thought, conscience, religion and belief, in addition to the violation of the Convention against Torture, ratified by Saudi Arabia in 1997.
The Rapporteurs stressed that UN safeguards for the protection of the rights of those facing the death penalty provided that the death penalty may only be imposed for the most serious crimes. They stressed that the "most serious crimes" were only cases where the intent to kill could be proved and resulted in the loss of life. They also emphasized that such assurances confirmed that the death penalty would be imposed only after legal proceedings providing all possible guarantees for a fair trial. According to the letter, this includes the right of any suspect or accused person to have adequate legal assistance at all stages of the proceedings.
The rapporteurs demanded that the Saudi government ensure that Mohammad Al-Shakhouri and Asaad Shubbar will not be executed. They also called on the State party to take all necessary steps to address any allegations of enforced disappearance, torture, arbitrary detention and violations of fair trial that they may have suffered from. They also asserted that at least Al-Shakhouri and Shubbar should be retried in full accordance with international legal standards.
The letter asked the Saudi government to share a copy of the complaint with the Supreme Court to ensure that it knows that the defendants were subjected to torture and enforced disappearance. They also called for an immediate response by highlighting the steps they have taken or will take in the human rights law and obligations, and called on them to determine how terrorism-related charges conform to the principles of legal certainty and the legal framework for combating terrorism as defined by the United Nations.
The European Saudi Organization for Human Rights confirms that the violations mentioned by the special rapporteurs in the letter are part of Saudi Arabia's approach with detainees, especially those facing death penalty. The organization is concerned about the lives of Al-Shakhouri and Shubbar youths, as the pace of execution increases.
ESOHR points out that Saudi Arabia has recently misled the international community by responding with misleading and unrealistic information. Recently and after ignoring the UN's letter on Mustafa al-Darwish's case and carrying out his execution, it then denied the facts, documented in official documents, that al-Darwish was a minor.
According to ESOHR, the lives of Mohammed Al-Shakhouri and Asaad Shubbar, and at least 41 other detainees monitored by the organization, are at risk. The organization points to the escalating bloody course of the death penalty in Saudi Arabia until early November 2021, 59 people, including minors and individuals, were executed and on non-serious charges. The lack of effective mechanisms to hold violators to account, increase fears for the lives of those threatened with execution, especially in light of the lack of judicial independence.