On 15 January 2021 several UN Special Rapporteurs sent a communication to Saudi Arabia about the case of Ali Hassan al-Rabie.
The communication was signed by the Special Rapporteur on extrajudicial, summary or arbitrary executions, Working Group on Arbitrary Detention, and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
The rapporteurs indicated that Ali Rabie, a 42-years-old Saudi national, was sentenced to death by the Supreme Court of Saudi Arabia in a final ruling, not subject to appeal. They noted that he may be executed at any time.
The letter stated that al-Rabie was arrested in December 2013 and interrogated without a lawyer. The rapporteurs mentioned the appalling conditions he experienced, including sleep deprivation for days, exposure to poor hygiene and sanitation conditions, and solitary confinement for six months with no access to his family. In addition, al-Rabie was forced to sign a pre-written self-incriminating statement under torture and abuses.
Al-Rabie was charged with participating in demonstrations, attending the funeral of his cousin, chanting anti-government slogans, possessing weapons, and participating in shootings at Al Awamiyah police station.
The rapporteurs explicitly stated the reported fact that he informed the Specialized Criminal Court of the torture and other abuses he had been subjected to; however, his complaints were not taken seriously and were ignored, and his forced written confession was deemed legitimate and admitted as evidence to sentence him to death under Taazir punishment.
The letter mentioned al-Rabie’s two brothers, Ahmed and Hussein Al Rabie, who were executed together with 35 other persons in 2019 following an allegedly unfair trial marred by torture allegations, in addition to the killing of his minor brother in 2014 by the Saudi Security forces.
According to the rapporteurs, the above-mentioned reported allegations constitute a violation of the Universal Declaration of Human Rights and the (UDHR), and the Arab Charter on Human Rights (ACHR), to which Saudi Arabia is a state party since 2009, as well as the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which was also ratified by Saudi Arabia in 1997, since Articles 2, 15, 16 prohibit the use of statements made as a result of torture or other ill-treatment in any proceedings.
The Special Rapporteurs affirmed that the death penalty should be carried out for the most serious crimes, and that the charges of al-Rabie do not reach this threshold. They added that if the standards of a fair trial have not been respected, the imposition of the death sentence constitute an arbitrary killing for which the state is responsible.
In their letter, the Rapporteurs concluded that Article 12 of the CAT imposes an obligation on the state to investigate whenever there are reasonable grounds to believe that an act of torture or ill-treatment has been committed, and victims of torture and other ill-treatment must have a right to lodge a complaint about their treatment while held in custody.
The communication urged the Kingdom to ensure that the death sentence against Ali al-Rabie is annulled and that he is re-tried in full compliance with international human rights law and standards. The letter called on Saudi Arabia to take all necessary interim measures to halt the alleged violations and prevent their re-occurrence.
The European Saudi Organization for Human Rights (ESOHR) agrees with the Special Rapporteurs that this case involved massive human rights violations including, violation of the right to freedom and personal security; the right not to be arbitrarily arrested and detained; the right to be promptly charged and brought before a judge or to be released; the right not to be tortured; the right not to be forced to testify against oneself; and the right to a fair trial.
The organization welcomes that the United Nations share its concerns about al-Rabie’s case and indicates that all violations should be investigated by an independent body.