The UN Working Group on Arbitrary Detention considered that Saudi Arabia's arrest of the Jordanian citizen Hussein Abu al-Khair and his death sentence were arbitrary.
In an opinion adopted by the team in April 2022, it indicated that Saudi Arabia violated international human rights laws in more than 65 cases during its 30 years of work, and therefore there is a widespread or systematic problem of arbitrary detention in Saudi Arabia, which amounts to a serious violation of international law. The Working Group considered that, under certain circumstances, the deprivation of liberty may constitute a violation of the rules of international law and crimes against humanity. And the Working Group reminded of the visit request it had previously submitted and recalled it on February 4, 2022.
Source information:
Hussein Abu al-Khair, a Jordanian national, was born in 1965. On May 18, 2014, it was reported that Abu al-Khair was arrested by Saudi customs while crossing from Jordan to Saudi Arabia. Border guards asked him to go to an office while they were searching his car. After a period of time, they presented him with bags containing more than 200,000 Captagon (amphetamine) pills that they claimed to have found in his car, but Hussein denied knowing they were there.
From 18 to 31 May 2014, Abu al-Khair was allegedly held incommunicado at an unknown location by the Anti-Narcotics Authority under the auspices of the General Directorate for Narcotics Control of the Saudi Ministry of Interior. For two weeks he was prevented from communicating with his family. During this period, Abu al-Khair was interrogated by the authorities and subjected to various types of torture. They allegedly hung him by his feet face down and proceeded to beat him on his stomach, head, feet, hands and face. On 27 May 2014, Abu al-Khair was forced to sign an incriminating document.
After that, Abu Al-Khair was later transferred pending trial to Tabuk Prison. On 29 January 2015, following an allegedly aggravated trial he was sentenced to death on drug smuggling charges and subsequently, he was placed on death row in Tabuk prison.
The Supreme Court overturned the ruling on 1 July 2017 for a retrial, and on 26 November 2017 Abu al-Khair was once again sentenced to death.
On 18 January 2021 the Saudi Human Rights Commission announced an unofficial moratorium on the use of the death penalty for drug offences, which was applicable in accordance with the Narcotic Drugs and Psychotropic Substances Law.
On 10 June 2021 the King of Saudi Arabia reportedly issued royal directives to the General Directorate of Prisons, ordering officials to implement amnesty procedures for individuals who have been detained for drug offenses under certain conditions.
Response From the Government:
On 7 January 2022 the Saudi government responded to the Working Group's information, and considered that the communication contained false claims and allegations devoid of any evidence.
The response denied information about Abu al-Khair's incommunicado detention, torture and ill-treatment, and said that the Jordanian embassy had been informed. Saudi Arabia repeated its previous responses to the UN mechanisms, and considered that the country's laws prohibit torture, provide for the punishment of perpetrators of torture and contain a series of guarantees.
In its response, the government said that the official Human Rights Commission has the right to visit prisons and detention centers, and to receive complaints, and the response also affirmed adherence to the Convention Against Torture and Other Cruel Treatment. Saudi Arabia considered that the country's legislation provides all guarantees for a fair trial and legal procedures. The Saudi response enumerated the official stages of litigation and said that Saudi Arabia did not deprive Abu al-Khair of his right to visits or to appoint a lawyer.
The Saudi government confirmed once again that the death penalty is only imposed for the most serious crimes and in very limited circumstances, and that it is not extradited or carried out until the completion of judicial procedures in courts of all levels. The response said that the prisoners receive the necessary medical care, and that Abu al-Khair suffers from diabetes and high blood pressure, and his condition is stable.
Opinion Of the Working Group:
The working group discussed the response of the Saudi government, and clarified that it did not include any evidence of an investigation into the allegations of torture of Abu al-Khair or explain the reason for denying him the right to obtain a lawyer, and denying him the right to the presumption of innocence. The team stressed that the use of a confession extracted through ill-treatment is tantamount to torture, and constitutes a violation of international laws.
The team considered that Hussein Abu Al-Khair's deprivation of his freedom, in violation of Articles 3, 6, 8, 9, 10 and 11 of the Universal Declaration of Human Rights, is arbitrary and falls within the first and third categories.
The team's opinion stressed that Abu al-Khair's waiting for his fate on death row is a form of torture and cruel treatment. The team called on the Saudi government to overturn his sentence, release him immediately and unconditionally, and ensure that he receives medical care.
The Working Group noted its recent study on arbitrary detention related to drug policies, which stated that the imposition of the death penalty for drug-related offenses does not comply with international standards on the use of the death penalty.
The European Saudi Organization for Human Rights notes that after the opinion announced by the Working Group on Arbitrary Detention and its confirmation of the illegality of the sentence against Abu al-Khair and its call for a legal moratorium on the death penalty for drug offences, Saudi Arabia has returned to carrying out this type of execution. In November 2022, Saudi Arabia resumed executions for drug offenses after a 21-month hiatus. The threats against Abu al-Khair's life increased, as the sources indicated that he assured his family of the execution of a number of his prison colleagues and that he was waiting for a similar fate.
ESOHR believes that the legal opinion of UN experts did not prompt the Saudi government to take any measures to ensure the life and safety of Abu al-Khair, who is now in imminent danger, especially after the execution of 20 people on similar charges. The organization considers that these executions disregard international law and its own commitments, and demonstrate the reality of the Saudi government's cooperation with the UN and all its mechanisms away from responses that attempt to mislead the international community.