SAU 006 / 0818 / OBS
105.1
Incommunicado detention
/
Judicial harassment /
Death penalty
Saudi Arabia
November 26, 2018
The Observatory for the
Protection of Human Rights Defenders, a partnership of FIDH and the World
Organisation Against Torture (OMCT), has received new information and requests
your urgent intervention in the following situation in Saudi Arabia.
New information:
The Observatory
has been informed by reliable sources about the incommunicado detention and
judicial harassment of Ms. Israa Al-Ghomgham, a women rights defender
from the region of Qatif, an eastern coastal city with a Shia majority, after
documenting and denouncing human rights violations during peaceful
pro-democracy demonstrations.
According to
the information received, on November 21, 2018, Ms. Israa Al-Ghomgham once
again failed to appear before the Specialized Criminal Court (SCC)[1] for the third hearing in
the mass trial for “illegal protests” she is facing (see background information
below) while the five other defendants, Mr. Ahmad bin Hussien Al-Matrood, Mr.
Ali bin Ahmad Aweesheer, Mr. Mousa bin Jaafar al-Hashem (Ms. Israa
Al-Ghomgham’s husband), Mr. Khalid Bin Abed allah al-Ghanem and Mr. Moujtaba
bin Ali al-Mazayan were present. The reasons for her non-attendance remain
unknown.
The third
session was devoted to the presentation of the defense of the accused. Three of
the accused could present their defense and were told that their next hearing
was scheduled for January 13, 2019. The other three accused, including Ms.
Israa Al-Ghomgham, were told that they would have the opportunity to present
their defense “in two months”.
On October 28,
2018, Ms. Israa Al-Ghomgham had already failed to appear before the SCC, during
the second hearing. During this hearing, the accused could not present their
defense as the hearing was abruptly cancelled for unknown reasons.
The Observatory
expresses its deepest preoccupation regarding the physical
and psychological integrity of Ms. Israa Al-Ghomgham, especially as she does not
have access to her relatives nor to her lawyer, who never got the authorization
to meet with her before the hearings.
The Observatory
also strongly condemns the lack of respect of her right to a fair trial as well
as her ongoing incommunicado detention and judicial harassment.
The Observatory
recalls that Ms. Israa Al-Ghomgham faces charges punished by the death penalty
and that the Prosecutor called for the application of the death penalty against
her. This is the first time the death penalty is requested against a female
human rights defender in the country, raising fears about the hardening of
repression against other women human rights defenders in the country, where
many are currently detained.
The Observatory
urges the Saudi authorities to immediately and unconditionally release Ms.
Israa Al-Ghomgham as well as all the other human rights defenders arbitrarily
detained, as their detention and judicial harassment only seems to aim at
sanctioning them for their peaceful and legitimate human rights activities.
Background
information:
Ms. Israa
Al-Ghomgham was arbitrarily arrested on December 8, 2015, after the Saudi
authorities launched a raid at her home, arbitrarily arresting her and her
husband. Both have been detained in Dammam’s al-Mabahith prison until now.
On August 15,
2018, the Saudi Public Prosecution called the court to apply the death penalty
against Ms. Israa Al-Ghomgham, who was brought before the SCC in Riyadh along
the five above-mentioned other activists for her first court session after 32
months of arbitrary detention. The Public Prosecution accused the six
defendants of “participating in protests in the Qatif region,” “incitement to
protest,” “chanting slogans hostile to the regime,” “attempting to inflame
public opinion,” “filming protests and publishing on social media,” and
“providing moral support to rioters”, charges that do not correspond to any
codified crime. The Public Prosecution called for the death penalty based on
the Islamic law principle of ta’zir, in which the judge has discretion over the
definition of crimes and sentences. During this hearing, Ms. Israa Al-Ghomgham
had no access to legal representation.
Ms. Israa
Al-Ghomgham had taken part in peaceful pro-democracy demonstrations since 2011,
during the Arab Spring, documented mass demonstrations in the Eastern
provinces, and called many times for the respect of freedom of assembly and
expression, the release of prisoners of conscience and human rights defenders
and expressed her opinions on social media platforms.
Actions
requested:
Please write to
the authorities in Saudi Arabia, urging them to:
i. Guarantee in all circumstances the physical and
psychological integrity of Ms. Israa Al-Ghomgham as well as of all detained
human rights defenders in Saudi Arabia;
ii. Ensure Ms. Israa
Al-Ghomgham have unhindered access to her family and lawyers and respect in all
circumstances her right to a fair trial;
iii.
Immediately and unconditionally release Ms. Israa
Al-Ghomgham and end all forms of harassment, including at the judicial level,
against her and all detained human rights defenders in Saudi Arabia, as their
detention is arbitrary since it only aims at punishing them for their
legitimate human rights activities;
iv.
Comply in all circumstances with all the provisions of
the United Nations Declaration on Human Rights Defenders, in particular its
Articles 1, 6(c) and 12.2;
v.
More generally, ensure in all circumstances the
respect for human rights and fundamental freedoms in accordance with
international human rights standards and instruments ratified by Saudi Arabia.
Addresses:
• His Majesty, King Salman bin Abdulaziz Al Saud,
King of Saudi Arabia and Custodian of the two Holy Mosques, Fax: (via Ministry
of the Interior) +966 11 403 3125; Email: info@moi.gov.sa; Twitter: @KingSalman
• His Excellency, Mohammad Bin Salman Al Saud, Crown
Prince of Saudi Arabia, Fax: (via Ministry of the Interior) +966 11 403 3125;
Email: info@moi.gov.sa
• H.E. Waleed bin Mohammad Al Samaani, Minister of
Justice, Kingdom of Saudi Arabia, Fax: + 966 11 405 7777; Email: info@moj.gov.sa
• His Royal Highness Prince Abdulaziz Bin Saud Bin
Naif Bin Abdulaziz, Minister of Interior, Kingdom of Saudi Arabia. Fax: + 966
11 401 1111 / + 966 11 401 1944 / + 966 11 403 1125; Email: info@moi.gov.sa
• H.E. Adel bin Ahmed El Jubeir, Minister of Foreign
Affairs, Fax: + 966 11 403 0645 ; Email: info@mofa.gov.sa
• H.E. Abdulaziz Alwasil, Ambassador, Permanent Mission of the Kingdom of Saudi
Arabia to the United Nations Office in Geneva, Switzerland. Fax: +41 22 758 00
00. Email: saudiamission@bluewin.ch
• H.E. Abdulrahman bin Soliman Al-Ahmed, Ambassador, Embassy of Saudi Arabia in
Brussels, Belgium. Fax: +32 2 6468538. Email: beemb@mofa.gov.sa
Please also write to the diplomatic missions or embassies of Saudi Arabia in
your respective country as well as to the EU diplomatic missions or embassies
in Saudi Arabia.
***
Paris-Geneva, November
26, 2018
Kindly inform us of any
action undertaken quoting the code of this appeal in your reply.
The Observatory for the
Protection of Human Rights Defenders (the Observatory) was created in 1997 by
FIDH and the World Organisation Against Torture (OMCT). The objective of this
programme is to intervene to prevent or remedy situations of repression against
human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union
Human Rights Defenders Mechanism implemented by international civil society.
[1]
The SCC was originally set up in 2009 to prosecute those with
direct links to terrorist acts. Today this jurisdiction has been dealing with
cases affecting “national security” in the broadest sense of the term and de
facto all cases deemed by the regime as “sensitive”. All individuals
voicing criticisms against the administration and its policies, in particular human
rights defenders, have been prosecuted before this court.
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