5 october, 2024
The UN Working Group on Arbitrary Detention has deemed the deprivation of Saud Al-Faraj's freedom as a violation of international laws and the Universal Declaration of Human Rights, declaring it an arbitrary detention. In an opinion adopted by the group after analyzing information provided by the source and the Saudi government's response in the case of Al-Faraj, who is sentenced to death, the group concluded that the appropriate remedy is his immediate release and compensation. The group also urged the government to ensure a full and independent investigation into the circumstances surrounding the arbitrary deprivation of Al-Faraj's liberty and to take appropriate measures against those responsible for violating his rights. Additionally, it called on Saudi Arabia to align its laws, particularly the Anti-Terrorism and Terrorism Financing Law, with international recommendations.
The European Saudi Organization for Human Rights believes that the Working Group's opinion on Saud Al-Faraj's case reaffirms the illegality of his death sentence. The organization also points out that the details in the case analysis highlight the insufficiency of the information and responses provided by the Saudi government and the lack of valid arguments on its part. Furthermore, the organization stresses that the Working Group’s opinion adds to dozens of previous opinions that confirm Saudi Arabia's pattern of arbitrary arrests, which experts have considered could amount to crimes against humanity.
The organization considers that the continued disregard for the Working Group’s request for a country visit, along with ignoring its opinions, paints a clear picture of how the Saudi government deals with international human rights mechanisms, with which it continuously claims to cooperate. This report provides basic information submitted by both the European Saudi Organization for Human Rights and MENA Rights to the Working Group, along with the Saudi government’s response and the group’s discussion of both.
Information from the source::
Saud bin Mohammed bin Ali Al-Faraj, born in 1980, is a businessman from Saudi Arabia residing in the town of Al-Awamiyah. Between 2011 and 2012, Al-Faraj participated in protests that took place in the Qatif region, and he also attended the funerals of individuals killed by government forces during these protests.
In early November 2019, security forces asked Al-Faraj to cooperate with them by handing over some individuals, but he refused. Two weeks later, government forces raided one of his establishments and confiscated construction equipment.
On December 2, 2019, while Al-Faraj and his family were on their way home, they encountered tanks stationed in their neighborhood. The doors of his home were shot at and searched. The investigative authorities that conducted the search reported that they found explosives and heavy weapons in Al-Faraj's home, but these claims were not supported by material evidence.
Later, Al-Faraj was arrested while with his wife and child. He was treated brutally, and the force that arrested him neither presented an arrest warrant nor informed him of the reasons for his arrest. His eyes were blindfolded, and he was placed in a car before being transferred to the General Investigation Prison in Dammam. The security forces handed him over to an investigator who removed the blindfold and allowed him to see his wife, stating that she was also detained and that he needed to cooperate to protect her.
The next day, the investigator ordered Al-Faraj to write a false confession, which he refused, resulting in severe torture that led to his being transported from the interrogation area to the prison hospital in a wheelchair. The torture was documented in audio and video recordings made by the investigators.
After returning from the hospital, Al-Faraj was tortured again. He was stripped of his clothes, sexually harassed, and threatened by the investigator, who said they would assault his wife if he did not sign the confessions. Al-Faraj made three verbal complaints to a member of the Public Prosecutor's Office regarding the torture and mistreatment by the investigators, on December 7, 2020, August 24, 2021, and December 20, 2021.
Al-Faraj was placed in solitary confinement from the date of his arrest on December 2, 2019, until August 8, 2021, and was deprived of any contact with his family and friends, being held in isolation from the outside world. On June 7, 2020, a relative sent a letter to the Crown Prince, the Ministry of Justice, and the Parliament, stating that they had not heard from him since his arrest.
Throughout his solitary confinement, he was allowed only one call with his family on May 14, 2021, which lasted only a few minutes. After being released from solitary confinement on August 8, 2021, he was allowed to communicate with his family again. The prison administration placed him in a cell without any Arabic-speaking inmates and refused to transfer him to another cell.
In June 2021, he appeared before a judge for the first time, where the public prosecutor presented a list of charges without the presence of a lawyer..
Later, Al-Faraj attended sessions where he explained to the judge the conditions of his arrest and torture, submitting a written statement about the treatment he endured and his innocence of the charges, requesting that it be included in the case file, but this was not done, and no lawyer was appointed for him
On December 22, 2021, six months after a lawyer was appointed for him, he was able to visit him for the first time.
On November 3, 2022, the Specialized Criminal Court sentenced Al-Faraj to death. Among the evidence relied upon were reports claiming the presence of explosives and heavy weapons on his farm. Al-Faraj affirmed that he did not own a farm and requested evidence to be presented, as well as the production of the audio and video recordings proving the physical torture he endured and medical reports from the prison hospital to confirm that he was transferred there due to torture, in order to nullify his confessions. The judges did not take Al-Faraj's statements into consideration and based their ruling on his forced confession and the reports of the house and farm searches.
On December 6, 2022, Al-Faraj’s lawyer filed an appeal with the Specialized Court of Appeals. A session was held on January 31, 2023, where Al-Faraj attended and again explained everything that had happened to him. However, the Specialized Court of Appeals did not consider any of his claims and upheld the death sentence. Currently, Al-Faraj is detained in Dammam Prison, and the case has been before the Supreme Court since March 2023.
Al-Faraj has written a total of six letters to the judges of the Specialized Criminal Court and the Specialized Court of Appeals, as well as a letter to the Saudi Human Rights Commission, but he has not received any response.
Government Response::
On January 10, 2024, the Working Group referred the allegations from the source to Saudi Arabia, which responded to the information. The response confirmed that Al-Faraj was arrested based on a valid order issued by a competent and independent authority, and he was immediately informed on the same day of his arrest of the charges against him. He was then charged and convicted of committing terrorist crimes under the Anti-Terrorism and Terrorism Financing Law, including killing a security officer by targeting security vehicles with explosive firearms, attempted murder, deliberately firing weapons and projectiles at security personnel and their vehicles, throwing explosive bombs, and shooting at security headquarters and checkpoints.
The procedures and guarantees applied in Al-Faraj’s case were in line with international standards for a fair trial and due process, and the rulings of the lower courts were supported by sufficient evidence. The defendant objected to the verdict and requested an appeal before the Supreme Court, which is currently reviewing his case.
The response reiterated that the death penalty is imposed for the most serious crimes and only within the law under the strictest conditions, and is not carried out until all judicial procedures are exhausted, with a fair trial and due process, in accordance with Saudi Arabia's international obligations under international human rights law.
Saudi Arabia denied that Al-Faraj had been subjected to torture or any other form of mistreatment, stating that torture is a serious crime and that effective measures are taken to combat and investigate it.
The response stated that the Anti-Terrorism Law ensures that solitary confinement is only imposed under specific exceptional circumstances determined by law and for a limited period, without violating the right of the defendant’s relatives to be informed of the detention, or the defendant's right to communicate with their lawyer.
It explained that Al-Faraj has received necessary medical care since his arrest, like other prisoners, and maintains good physical and mental health. He regularly consults specialists in medical clinics where necessary medications are provided, and he undergoes routine check-ups.
The response asserted that a proper report is drafted to ensure that all individuals are treated appropriately and that no one is mistreated for any reason.
Discussion of the Working Group::
The Working Group noted that the government did not refute many of the allegations nor provided a convincing explanation for the points raised by the source, particularly regarding the house search, his wife’s detention, his torture, and his solitary confinement. Moreover, it did not dispute the information concerning the search, arrest, and torture.
The Working Group observed that the government did not provide any information regarding the charges or evidence used to accuse Al-Faraj, nor did it provide any arrest warrants or detention orders against him, which suggests that the arrest was not in accordance with local laws or the legal procedures outlined in the International Covenant on Civil and Political Rights, particularly Articles 9, 10, and 14, as referenced in General Assembly Resolution 67/1.
The Working Group confirmed that Al-Faraj was deprived of his freedom due to exercising his rights to freedom of expression and peaceful assembly, as guaranteed by Articles 19 and 20 of the Universal Declaration of Human Rights and Articles 19, 21, and 22 of the International Covenant on Civil and Political Rights.
Therefore, the Working Group considered Al-Faraj’s deprivation of liberty to be arbitrary and falling under the first, second, and third categories of arbitrary deprivation of liberty.
In light of this, the Working Group on Arbitrary Detention deemed that the appropriate remedy in this case is the immediate release of Mr. Al-Faraj and granting him the right to compensation in accordance with international law.