This page summarizes cases raised with Saudi Arabia by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Saudi Arabia.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Saudi Arabia, English).
None
Observations
The Special Rapporteur regrets the Government of Saudi Arabia only replied to one of the communications during the period under review. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.
The Special Rapporteur is gravely concerned about the physical and psychological integrity of individuals exercising their rights to freedom of peaceful assembly and of association in the country, particularly of those promoting and protecting human rights. He calls upon the relevant authorities to ensure that no one is criminalised for the exercise of his legitimate rights and freedoms, and to release immediately and unconditionally all persons convicted for exercising their legitimate rights and freedoms. In light of the gravity of the allegations received during the reporting period, he requests the Government to keep him informed about any evolution of the situation of those mentioned in his communications who were arrested, charged or convicted in relation of the exercise of their rights and freedoms; and about the steps taken to secure the rights to freedom of peaceful assembly and of association, in law and in practice.
The Special Rapporteur is also very disturbed about allegations of killings during demonstrations. He reminds that the right to life and to be free from torture or cruel, inhuman or degrading treatment or punishment are a non-derogable right in international human rights law, including in the context of assemblies. In this regard, he refers to Article 5 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1990), which provides that “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall minimize damage and injury, and respect and preserve human life.” He calls upon the authorities to carry out a thorough and independent investigation into any allegations of excessive use of force and of torture and ill treatment during peaceful demonstrations that took place in July 2012; to hold accountable those responsible; and to provide full redress to victims.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 which “reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights” (emphasis added).
Observations
The Special Rapporteur regrets that the Government of Saudi Arabia has not responded to the communications sent during the reporting period. He considers the responses to his communications as an important part of the cooperation of Governments with his mandate, and urges again the authorities to provide detailed responses to all the concerns raised in his communications without further delay.
Among the cases brought to his attention, the Special Rapporteur remains particularly concerned about the reported conviction of Messrs. Mohammad Fahd Al-Qahtani and Abdulla Al Hamid, funding members of the Saudi Civil and Political Rights Association (ACPRA), to ten and five years’ imprisonment, respectively, for offenses including “establishing an unlicensed association”, “providing false information to outside sources such as the human rights mechanisms of the United Nations”, and “inciting disorder by calling for protests”. This case was the subject of earlier join urgent appeals by several Special Procedures mandate holders on 12 June 2012 and 21 December 2012, both of which remain unanswered to date. The Special Rapporteur expresses similar concern about the reported arrests of six other members of ACPRA during the period under review, and alleged torture against one of them. The Special Rapporteur further expresses concern at the alleged harassment of members of the human rights organization Union for Human Rights. He urges the authorities of Saudi Arabia to conduct prompt and thorough investigations in each case, prosecute perpetrators, and provide adequate reparation to victims.
As stated in his thematic report to the Human Rights Council, the Special Rapporteur “underlines that the right to freedom of association equally protects associations that are not registered … This is particularly important when the procedure to establish an association is burdensome and subject to administrative discretion … ” (A/HRC/20/27, paragraph 56). Furthermore, he is of the opinion “that a “notification procedure”, rather than a “prior authorization procedure” that requests the approval of the authorities to establish an association as a legal entity, complies better with international human rights law …” (A/HRC/20/27, paragraph 58). Moreover, the Special Rapporteur reminds the Government of Saudi Arabia that “members of associations should be free to determine their statutes, structure and activities and make decisions without State interference” (A/HRC/20/27, paragraph 64).
The Special Rapporteur calls upon the Government to put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms of peaceful assembly and association without undue hindrances. He reiterates the content of the operative paragraph 2 of the Human Rights Council Resolution 24/5 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law.”
The Special Rapporteur calls upon the Government to ensure that the right to freedom of association and of peaceful assembly, as recognized under article 20 of the UDHR, is enjoyed free of arbitrary restrictions.
The Special Rapporteur reminds the Government of Saudi Arabia of his country visit requests sent in October 2013. He regrets to not have received a response to date. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur regrets that he only received replies to two out of five communications sent during the reporting period. He recalls that responses to his communications are an important part of the cooperation of Governments. He looks forward to receiving detailed responses to the questions raised in his communication in the briefest delays, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in the communications.
Environment in which these rights are exercised
The Special Rapporteur thanks the State for transmitting information concerning the cases of Mr Waleed Abu Al Khair and Mr. Fadhel Maki al-Manasif (SAU 14/2014). According to information provided by the Government, both individuals were, among others, found guilty of offenses of dishonesty and establishing and participating in the establishment of unlicensed associations, and provoking civil strife, misleading public opinion and tarnishing the country’s reputation, respectively. The Government emphasizes that the measures taken against the accused were compatible with international norms and standards. The Special Rapporteur welcomes the commitment of the authorities to respect its international human rights commitments. However, he refutes the argument put forward by the Government that the limitations to fundamental freedoms set forth in the Repression Cybercrime Act are in line with the aforementioned commitments. He reminds the State that according to the Universal Declaration of Human Rights no restrictions may be placed on the exercise of these rights other than those that are determined by law and that strictly intend to guarantee the respect for the rights and freedoms of others and to meet just requirements of morality, public order and the general welfare in a democratic society. He emphasizes that the freedoms are the norm and the restrictions the exception. He insists that while the State do not have to agree with the opinions and criticisms expressed by people who embrace different convictions or beliefs, it has a positive obligation to ensure the existence of an enabling environment for civil society, in terms of enjoyment of the rights of peaceful assembly and association, so that it may exist, operate and express itself freely and without fear (A/HRC/20/27, paragraph 63).
In relation to the use of the Internet, the Special Rapporteur calls on the authorities to guarantee an unhampered access to the Internet and echoes Human Rights Council resolution 26/13 on the promotion, protection and enjoyment of human rights on the Internet. He also recalls Human Rights Council resolution 24/5 and the fundamental role of States in promoting and facilitating access to the Internet and the important role of new information and communications technologies in enabling and facilitating the enjoyment of the rights to freedom of peaceful assembly and of association.
In his view, references such as the offenses to “transmitting information prejudicial to public order”, committing “dishonesty” and “making false, unfounded and unsubstantiated accusations” exceed legitimate international limitations and increase the risks of arbitrary interpretations and violations of international standards. He expresses a similar opinion regarding the other offenses pressed against Mr. Waleed Abu Al Khair and Mr. Fadhel Maki al-Manasif. In relation to the crime of “establishing and participating in the establishment of unlicensed associations”, the Special Rapporteur underlines that the right to freedom of association equally protects associations that are not registered and that individuals involved in or with unregistered associations should be free to carry out their activities and should not be subject to criminal sanctions (A/HRC/20/27, paragraph 56).
In this context, he articulates that there should be a presumption in favour of holding peaceful assemblies and associating freely, which recognizes the indispensable role of assemblies in democratic societies, and that security considerations should not be used as a justification for unduly strict rules or interpretations that void or curb the rights to freedom of peaceful assembly and of association. In this regard, he stands ready to provide technical assistance to ensure that State’s normative complies with international human rights norms and standards governing these rights.
The Special Rapporteur urges the Government of Saudi Arabia to recognize that the rights to freedom of peaceful assembly and association play a central role in democracy and to ensure that no one is criminalized, threatened or intimidated for exercising these rights. He takes this opportunity to call upon the authorities to refrain from passing or implementing laws, as well as validating practices that seriously impede the enjoyment of fundamental rights. He looks forward to receiving an update on the case of Mr. Fadhel Maki al-Manasif that was still under review at the time of the Government’s response, and on the situation of Mr. Miklif bin Daham al-Shammari, not yet addressed by the State.
With regard to the allegations of ill treatment of Mr. Fadhel Maki al-Manasif in detention, the Special Rapporteur is troubled by the response of the State indicating that the investigation conducted consisted of a mere visit and questioning by a representative of the Human Rights Commission. He is pleased to read that the country recently opened 98 offices of the Bureau of Investigation and Public Prosecution, under the Department of the Attorney General, to monitor and investigate reported cases of torture. He asks the Government to provide him with a list of investigations and results obtained by the Bureau at the earliest opportunity. He also reminds the State of its responsibility to conduct thorough and impartial investigations by independent bodies into allegations of torture and to take note, in this respect, of the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the updated set of principles for the protection of human rights through action to combat impunity (A/HRC/RES/16/23, paragraph 7b).
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to Saudi Arabia, as indicated by his last letter on 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur regrets that he has not yet received responses to his communications sent on 19 October 2015 (SAU 8/2015) and 11/12/2015 (SAU 11/2015). He reminds the Government of Saudi Arabia that he considers responses to his communications as an important part of the cooperation of Governments with his mandate.
He calls upon States to cooperate fully with and assist him in the performance of his mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications.
In connection with the case of the juvenile, Mr. Dawood Hussain Al-Marhoon, who was subjected to excessive force during protests, was detained, tortured and sentenced to death, the Special Rapporteur sincerely regrets that the Government of Saudi Arabia has not replied to the Joint Urgent Appeal sent on 19 October 2015 (SAU 8/2015). He urges the Government to take all necessary measures to halt the execution of Mr. Al-Marhoon, which constitute an arbitrary execution.
The Special Rapporteur reminds the Government of Saudi Arabia that minority groups, such as children, are persons most at risk of discrimination, unequal treatment and harassment in the context of the exercise of the right to freedom of peaceful assembly and association (A/HRC/26/29). He takes this opportunity to remind the Government to ensure that any system of prior notification gives effect to the presumption in favour of assemblies, places narrow limits on the discretion of authorities to restrict assemblies, and incorporates a proportionality assessment (A/HRC/31/66, para. 28(a)).
Regarding the case of two human rights defenders and bloggers, Mr. Raef Badawi and Mr. Miklif bin Daham al Shammari, the Special Rapporteur strongly condemns their sentences to imprisonment and public flogging for their work and the exercise of their right to freedom of association.
He reminds the Government of Saudi Arabia of its obligation “to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law” (A/HRC/RES/24/5, operative para. 2).
Observations
Responses to communications
The Special Rapporteur expresses his thanks to the Government of Saudi Arabia for its replies to the communications sent during the period under consideration. In this connection, he is grateful for the cooperation extended to the mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Environment in which these rights are exercised
The Special Rapporteur takes note of the authorities’ reply regarding Mr. al-Otaibi and Mr. al-Atawi’s case (SAU 8/2016). He notes that the charges brought against them fall under the jurisdiction of the Specialized Criminal Court and the evidence suggesting that their actions amount to “terrorist acts” and that, according to the authorities, all guarantees of fair trial were respected. He reiterates his concerns regarding the Specialized Criminal Court (SAU 8/2016) which is reportedly increasingly being utilized to prosecute the actions of human rights defenders and civil society actors for their peaceful and legitimate activities. Notably, the Court often does not respect due process as hearings are held in prison cells, judgments are not publicized, defendants are not permitted to access the prosecution’s file in order to prepare their defence, and the judges have wide discretion to determine what actions qualify as “terrorist acts”.
Similarly worrying is the judicial harassment against members of the banned organization Saudi Civil and Political Rights Association (ACPRA). In 2016, nearly all ACPRA members were either detained and/or or facing judicial proceedings (SAU 4/2016 and SAU 8/2016). The Special Rapporteur takes note of the information provided by the Government regarding members of ACPRA Mr. Abdulaziz al-Shubaily, Mr. Issa al-Hamid, Mr. Abdulrahman al-Hamid, Mr. Abdulkareem al-Khoder, Mr. Omar al-Said, Mr. Mohammed al-Bajadi, Sleyman al-Rashudi, Abdullah al-Hamid, Mr. Mohammed al-Qahtani, Mr. Saleh al-Ashwan, Fowzan al-Harbi, Mr. Waleed Abu al-Khair and Mr. Isa al-Nakhefi. He acknowledges that most of the charges brough against them are related to their membership in “unlicensed organizations”, offences punishable under the Cybercrime Act, disrupting order and security, promoting anarchy and/or providing support to terrorist groups.
The Special Rapporteur reiterates that the right to freedom of association equally protects associations that are not registered. Individuals involved in unregistered associations should indeed be free to carry out any activities, including the right to hold and participate in peaceful assemblies, and should not be subject to criminal sanctions (A/HRC/20/27, para 56).
He notes that the struggle against terrorism and other security considerations cannot be used as a rationale to nullify the rights to freedom of peaceful assembly and of association. He advocates that when absolutely necessary, limitation measures, as provided for in the International Covenant on Civil and Political Rights, are adequate to combat terrorism or handle other security considerations.
The Special Rapporteur wishes to reiterate his concern that the conviction of the aforementioned human rights defenders is purely for their peaceful and legitimate work advocating for the promotion of human rights in Saudi Arabia, as well as the exercise of their rights to freedoms of peaceful assembly, opinion and expression. He warns against the practice of resorting to security considerations, notably terrorism, to adopt stricter measures that annul fundamental rights and freedoms.
The Special Rapporteur reiterates his concerns regarding the continued repression of activists and dissidents in 2016. In particular, he stresses that, since 2014 and the adoption of the new counter-terrorist law, the Saudi Arabian authorities have increasingly been targeting civil society activists and human rights defenders through legal proceedings and other administrative measures such as the imposition of travel bans as a means to harass, intimidate and impede their work in the defense of human rights. Most of Saudi Arabia’s prominent and independent human rights defenders have reportedly been imprisoned or scared into silence, have fled the country, have been subjected to travel bans and have been intimidated and harassed by the security forces. The Special Rapporteur notes that alleged systematic repression of human rights defenders and activists is reportedly part of a larger campaign by the authorities to silence all forms of criticism.
He stresses that it is the obligation of States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline (A/HRC/RES/24/5, operational paragraph 2). Moreover, he reaffirms that the rights to freedom of peaceful assembly and of association are necessary elements for the possible emergence and sustainability of effective democratic systems. In this regard, States should therefore make every effort to facilitate those rights.
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to Saudi Arabia, as indicated by his last letter on 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues relating to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favorably his requests for visits.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
