SAU 006 / 0818 / OBS 105.2
Arbitrary detention /
Judicial harassment
Saudi Arabia
February 5, 2019
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 ongoing arbitrary detention and judicial harassment of Ms. Israa
Al-Ghomgham, a human 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[1].
According to the information received, on
January 31, 2019, the authorities confirmed in a public statement that they
would not seek the imposition of the death penalty against Ms. Israa
Al-Ghomgham, prosecuted for “illegal protests” before the Specialised Criminal
Court (SCC)[2]
together with five other defendants[3].
On January 13, 2019, Ms. Israa Al-Ghomgham
was due to appear before the SCC for the fourth time, but the hearing was
postponed over internal restructuring of the Court. The Prosecutor had called
to apply the death penalty against Ms. Israa Al-Ghomgham in her first hearing
(see background information), making her the first female human rights defender
to eventually be executed in Saudi Arabia.
Ms. Israa Al-Ghomgham remains detained in
Al-Dhamam General Intelligence Prison and the same charges are still pending
against her. Four of her five male co-defendants are still facing death
penalty. The new hearing date has not been publicised yet.
On October 12, 2018, United Nations Special
Procedures expressed their concern over Ms. Israa Al-Ghomgham arbitrary
detention and threats of death penalty[4].
The Observatory reiterates 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, and as she failed to appear
to her precedent hearings.
The Observatory recalls that many other female human rights defenders
face arbitrary detention and judicial harassment in Saudi Arabia.
The Observatory strongly condemns the ongoing
arbitrary detention and judicial harassment of Ms. Israa Al-Ghomgham and all
the human rights defenders in the country, and calls on Saudi authorities to
immediately and unconditionally release them.
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 since then.
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.
On October 28, 2018, Ms. Israa Al-Ghomgham
failed to appear before the SCC, during the second hearing. During this
hearing, the accused could not present their defence as the hearing was
abruptly cancelled for unknown reasons.
On November 21, 2018, Ms. Israa Al-Ghomgham
once again failed to appear before the SCC for the third hearing while the five
other defendants were present. The reasons for her non-attendance remain
unknown.
The third session was devoted to the
presentation of the defence of the accused. Three of the accused could present
their defence 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”.
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, February 5, 2019
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] 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.
[2] The SCC was originally set up in 2009 to prosecute
those with direct links to terrorist acts. It is part of the Ministry of the
Interior rather than the Ministry of Justice, placing it firmly within the
national security sphere. This jurisdiction has been dealing with cases
affecting “national security”. It is used by the Saudi government to crush
peaceful dissent from human rights defenders and pro-democracy activists.
[3] The five others are 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.
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