The annual report of United Nations Secretary-General António Guterres on cooperation with the United Nations, its representatives and mechanisms in the field of human rights affirmed that Saudi Arabia is still among the countries that practice acts of intimidation and reprisals against human rights defenders and activists who cooperate with the United Nations.
The report, which was published on the sidelines of the 51st session of the Human Rights Council, which takes place from September 12 to October 7, 2022, enumerated cases and updates on cases that show that the Saudi government is violating international standards and is working to arrest, intimidate and torture individuals on the background of activities, including those related to communicating with the United Nations and its bodies, and using its mechanisms. The report indicated that Saudi Arabia denied these violations in its responses to a number of issues sent to it.
Current and past issues referred to in the report:
- • The case of human rights defender Loujain Al-Hathloul was mentioned in the Secretary-General’s reports, 2019, 2020, and 2021, on allegations of disappearance and torture after her engagement with the United Nations Committee on the Elimination of Discrimination against Women in March 2018. Al-Hathloul was sentenced to 5 years in prison, and was released in February 2021 with a 5-year travel ban. The Working Group on Arbitrary Detention considered her detention arbitrary, and the Special Rapporteurs discussed her case more than once, including information about her being subjected to reprisals against the backdrop of her cooperation with the United Nations.
- • In its annual report for 2021, the Working Group on Arbitrary Detention addressed the deprivation of liberty of human rights defenders, and cited the case of Al-Hathloul as an example of a human rights defender, arbitrarily deprived of liberty, due to her activities in support of human rights.
- • The case of human rights defender and anti-corruption activist Issa Al-Nukhaifi was included in the reports of the Secretary-General for the years 2018, 2019, 2020 and 2021 after he was sentenced to six years in prison, and banned from traveling and using social media for a similar period after his release, for his cooperation with the Special Rapporteur on Extreme Poverty to Saudi Arabia during a visit in January 2017.
- The case of Fawzan Mohsen Awad Al-Harbi, human rights defender and member of ACPRA, was included in the reports of the Secretary-General 2014, 2019, 2020 and 2021 regarding allegations of arrest and detention for his cooperation with the United Nations. The special procedures mandate holders have repeatedly taken up his situation with the relevant authorities, including allegations of reprisals for his cooperation with the United Nations.
- أُدرجت قضية المدافع عن حقوق الإنسان والناشط في مجال مكافحة الفساد عيسى النخيفي، في تقارير الأمين العام للأعوام 2018 و 2019 و 2020 و 2021 بعد الحكم عليه بالسجن لمدة ست سنوات، ومنعه من السفر واستخدام وسائل التواصل الاجتماعي لمدة مماثلة بعد إطلاق سراحه، لتعاونه مع المقرر الخاص المعني بالفقر المدقع إلى المملكة العربية السعودية خلال زيارة في يناير 2017.
- • The case of human rights defender and anti-corruption activist Issa Al-Nukhaifi was included in the reports of the Secretary-General for the years 2018, 2019, 2020 and 2021 after he was sentenced to six years in prison, and banned from traveling and using social media for a similar period after his release, for his cooperation with the Special Rapporteur on Extreme Poverty to Saudi Arabia during a visit in January 2017.
- • In November 2021, the Special Rapporteurs addressed allegations of arbitrary detention, acts of intimidation and reprisals in cooperation with the United Nations against Muhammad al-Qahtani, Fawzan al-Harbi and Issa al-Nukhaifi. The Special Rapporteurs expressed concern about allegations of ill-treatment and about “what appears to be a pattern of widespread and systematic arbitrary arrest and detention of persons, including human rights defenders. The report stated that on August 15, 2021, Muhammad Al-Qahtani began a hunger strike in protest of the ill-treatment before the administration of Al-Ha’ir Prison, and Al-Harbi, Al-Nakhifi and other detainees joined him.
The Saudi government responded to the memorandum sent to it regarding the Secretary-General's report on cooperation with the United Nations mechanisms, and denied all the information contained therein, considering that the judiciary enjoys complete independence in the exercise of its functions, meaning that it operates with integrity and without external influence. Saudi Arabia also denied the ill-treatment and torture that activists were subjected to in prison, and considered that the court, as the official Human Rights Committee, found that the procedures were intact. The response claimed that the human rights defenders, whose names were mentioned in the report, were convicted of charges punishable by the Anti-Cybercrime Law and the Anti-Terrorism Law, and not for contacting the United Nations human rights mechanisms.
The European Saudi Organization for Human Rights confirms that Saudi Arabia uses laws, especially the anti-terrorism law, to criminalize legitimate practices, including those related to the defense of human rights and communication with United Nations mechanisms. The organization notes that broad charges are used to criminalize the practice of any activity, including dealing with United Nations human rights bodies and mechanisms, including charges of defaming the country and communicating with external organizations.
The organization stresses that Saudi Arabia’s intimidation of activists and their families, arrests, arbitrary sentences and travel bans have prevented any presence or participation of activists or human rights defenders from inside Saudi Arabia in the United Nations and any of its mechanisms. The organization also notes that attempts to impose silence through intimidation and intimidation have also affected activists and human rights defenders who practice their activities from abroad.