Judiciary of Saudi Sentenced to Death a Minor Who Participated in Demonstrations

23 June، 2014

The prosecution procedure of political prisoners and prisoners of conscience in Saudi has been routinely exceeding human rights standard to the point of threatening the detainee’s life. This includes those who were arrested in regard of organizing and participating in the peaceful demonstrations in the province of Qatif, eastern of Saudi Arabia. Specifically, as Morse AlRebh’s case, who were killed last year on 06/22/2013 by the security force’s live ammunition while he was actively participating in a religious occasion preparation.

Detained since 14/02/2012, Ali Mohammed AlNemer, ran over by a police car and then arrested while he was riding his motorcycle then he was taken to the Qatif police station. He was badly injured due to the run over, broken nose; bruise on multiple body area and soaked in blood, where they had to transfer him to Enak city hospital in Qatif. This brutal arrest scenario was similarly done a number of times by the Saudi authorities.

Born in 20/12/1994, AlNemer was only 17 years and 2 months when he was arrested. In 27/05/2014 he was sentenced to death on his sixth trials in the Special Criminal Court (SCC) in Jeddah by three judges, Omar Abdul Aziz AlHesain; Abdullah Mohammed AlRashoud and headed by Hamad Bandar AlTuwaijri.

He was then detained in a Juvenile Detention Center, and contrary to the law which states that the investigation should be done by the Bureau of Investigation and Public Prosecution, four officers from the General Intelligence Prison done the investigation with him. They even wrote down the investigation themselves justifying this by saying that AlNemer’s handwriting is not clear enough. And of course, the investigation report was bias to convict AlNemer, then he had to fingerprint approve it after all and to acknowledge the charges in front the judge, after being told his cooperation during the interrogation would help to release him.

He was treated brutally during the investigation in Qatif police center by a lieutenant (personal information kept confidential by the European Saudi Society for Human Rights), also in the Juvenile Detention Center, he was threatened by investigators (personal information kept confidential) in order to confess. He has visible torture marks due to their treatment, as swelling in the nose and lips, broken teeth due as a result of the beating, kicking and slapping. His health deteriorated with pain throughout his body and the lower abdomen, he each the point of blood in urine. This coincided with insults and degrading treatment, including religious insult.

AlNemer’s family was not allowed to visit during the first three months, where he spent 40 days in solitary confinement. And in the beginning of December 2013, after more than a year and 10 months, he was transferred again to Qatif prison and then to the General Intelligence Prison in Dammam until this time.

Some of AlNemer’s charges, which obtained under forced confession, including:

· Joining a terrorist cell, participating in demonstrations and setting up a fire to some tires and containers.

· Targeting the police station by throwing stones.

· Targeting and burning a security patrol with Molotov cocktails.

· A pharmacy robbery.

· Harboring a fugitive.

AlNemer knew about his charges after the first secret session of his trial on 17/12/2013, disallowing him to have a lawyer nor informing his family about the trial. His family found out through official newspapers [1] , and then he called them two days after the trial asking them about the meaning of (Hirabah [2]), which he was not aware of and the prosecutor called for it.

After the start of the trial, AlNemer’s family hired a lawyer, and then demanded the judge to allow the lawyer to meet with AlNemer. Then the judge contacted the prison administration more than once but no response, regardless, the judge decided to proceed the prosecution. In the fifth session, specifically in 20/05/2014, the judge refused to continue enabling the defendant to meet his lawyer’s request. After 7 days, the judge sentenced AlNemer to death at the sixth session held in May 27.

We in the ESSHR urgently demand the Saudi government the following:

1. Abolish the death penalty issued against AlNemer.

2. Immediate release of AlNemer and all political prisoners and prisoners of conscience.

3. Immediate ending of torture in prisons, prosecuting responsible officials to a fair trials and ending impunity.

4. Separation of Public Prosecution Department from the Ministry of the Interior.

5. Reforming the judiciary in accordance with the consistent state standards.

We in ESSHR call the international community to immediately intervene to save AlNemer who was sentenced to death in an unfair trial, we also call for the following:

1. Condemnation of the death penalty against him, especially considering the lack of a fair trial.

2. Demand the Saudi authorities to drop down politically motivated prosecutions and unconditionally release all political prisoners.

3. Calling the Saudi authorities to prosecute responsible officials in all cases of torture carried out in detention centers in Saudi, especially in the Investigation prisons, either through giving orders, supervision, or knowing about torture.

4. Demand the Saudi government to comply with its commitments to international conventions.

[1] AlHayat Newspaper: “Demanding “Harabah Penalty” to a “Twentyish” who targeted Security forces in Awamia” http://alhayat.com/Details/583207
Alwatan Newspaper: “12 charge against a promoter of “riot” over the “BlackBerry” in Awamia” http://www.alwatan.com.sa/Local/News_Detail.aspx?ArticleID=171534&CategoryID=5

[2] Wikipedia: is an Arabic word for “piracy”, or “unlawful warfare”.
http://en.wikipedia.org/wiki/Hirabah

EN