The Working Group on Arbitrary Detention considered threatening the life of the minor Muhammad Essam al-Faraj with execution “inexcusable,” and called on Saudi Arabia to release him immediately and to investigate the violations to which he was subjected.
In an opinion published on 17 March 2021, the Working Group stated that Saudi Arabia practices violations and arbitrary arrests that may amount to crimes against humanity.
Information from the source::
The letter indicated that according to the information received, Mohammed Essam Al-Faraj (February 2002) was arrested on 29 June 2017, when he was 15 years old, while leaving a games hall in Medina. According to the source, the authorities did not provide an arrest warrant. Al-Faraj, along with other individuals, was arrested without being informed of the reasons for their arrest. He stated that he was detained in the General Directorate of Investigation (Al Mabahith) prison in Dammam, which is used exclusively for adult prisoners, and not in separate detention for minors.
According to the information received by the Working Group, al-Faraj was placed in solitary confinement and he was tortured. Prison authorities beat him, kicked him, and placed him in forced standing and stress positions for up to four hours at a time, which led to his transfer to thr hospital and to his development of chronic disease: he is currently suffering from high blood pressure. According to the source, which indicated that he was prevented from appointing a lawyer during his interrogation, al-Faraj was tortured into signing the confessions which the authorities brought against him at cart.
Information indicated that al-Faraj’s family was not notified of his detention, and was unable to visit him until two months following his arrest.
According to the source, he was accused of forming a terrorist cell, covering for wanted men, participating in protests and funerals, and chanting anti-state slogans. These charges occurred before he reached the age of 18, and some of them date back to the age of nine. Despite this, the Public Prosecution requested that he be executed.
The source noted that in 2018 Saudi Arabia promulgated a new Juvenile Law aimed at restricting the use of the death penalty against minors at trial, but the Public Prosecution Office continued to request the death penalty against minors, and that in early 2020 a Royal Decree was issued that made the 2018 law apply retroactively to cases decided prior to its issuance.
In July 2020, the Working Group transmitted the allegations made by the source to the Government, which sent its response on 14 September 2020.
Response from the Saudi Government::
The Saudi response considered that the information received from the source was inaccurate and without supporting documentation or evidence to back them its allegations. It indicated that Mohammed was arrested under the Terrorism Law, and that he was informed of the reason of his arrest. The government denied that he was subjected to torture. The response considered that depriving al-Faraj from the right to contact a person of their choosing does not oppose the Terrorism Law. It stated that he freely acknowledged his commission of several terrorist crimes without pressure and was charged with violent terrorist offences.
The response mentioned that the Public Prosecution requested the execution before the issuance of the 2018 Juvenile Law, which replaces the death penalty with 10 years’ imprisonment, and accordingly the Public Prosecution changed the request for execution.
The response stated that, after a number of public hearings, Al-Faraj asked for a lawyer at the State’s expense, and that his case is still being considered by the court. It noted that the Office of the Public Prosecutor is an independent entity that is part of the judiciary.
Discussion of the Working Group::
The Working Group considered that Muhammad al-Faraj was arbitrarily deprived of his liberty as a result of exercising his freedom of expression and in violation of his right to a fair trial and non-discrimination. It deemed that the prosecution’s original indictment seeking his death sentence and the ongoing threat of his possible execution were inexcusable.
The Working Group expressed its grave concern that, although the royal decree of 24 March 2020 addresses taazir offences, it does not addresses hudud and qisas offences, for which Mr. Al-Faraj risks being executed.
Consequently, the Government has failed its obligation to respect, protect, and fulfil the right to life, to restrict the use of the death penalty and not to impose capital punishment for offences committed by persons below 18 years of age, to reduce the number of offences for which the death penalty may be imposed, and to ensure that the death penalty is not applied on the basis of discriminatory laws or as a result of discriminatory or arbitrary application of the law.
In its 29-year history, the Working Group has found Saudi Arabia in violation of its international human rights obligations in about 60 cases; the Working Group stated that this indicates widespread or systemic arbitrary detention which amounts to a serious violation of international law. The Working Group noted that under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of the rules of international law may constitute crimes against humanity.
The Working Group considered the opportunity, at the earliest convenience to the Government, to conduct a visit to Saudi Arabia to engage with the Government in a constructive manner and to offer its assistance in addressing its serious concerns relating to instances of arbitrary deprivation of liberty.
The opinion of the Working Group and recommendations::
The Working Group on Arbitrary Detention concluded that depriving Muhammad Essam Al-Faraj of his freedom violates the Universal Declaration of Human Rights and the Convention on the Rights of the Child, and that it falls within categories I, II, III and V of arbitrary detention.
The Working Group requested that the Saudi government take the necessary steps to correct al-Faraj’s condition without delay:
- The appropriate remedy would be to release Mr. Al-Faraj immediately and accord him an enforceable right to compensation and other reparations.
- In the current context of the global coronavirus disease (COVID-19) pandemic, the Working Group called upon the government to take urgent action to ensure the immediate release of al-Faraj.
- The Working Group urged the Saudi government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of al-Faraj and to take appropriate measures against those responsible for the violation of his rights.
- The Working Group requested the government to bring its laws, in particular the relevant provisions of the Terrorist Crimes and Terrorism Financing Act of 2013, into conformity with the recommendations made in the opinion and with the commitments made by Saudi Arabia under international human rights law.
- The Working Group recommended that the government ratify the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), and their Optional Protocols.
The European Saudi Organization for Human Rights (ESOHR) welcomes the opinion of the Working Group on Arbitrary Detention in the case of Muhammad Essam al-Faraj, and stresses what the Working Group pointed out about the importance of holding all violators accountable and stopping the policy of impunity that constitutes protection for illegal practices.
The organization notes that the Saudi government has repeatedly violated the Juvenile Law of 2018, and that the laws and royal orders have not contributed to the protection of all minors, especially with the lack of transparency in their publication, the way the government deals with them, and the exceptions they contain. Therefore, the best step for protecting minors is to publish laws and decrees and ensure that they are applied to all cases, not only to cases raised by the United Nations or public opinion.