Several United Nations human rights experts have expressed alarm at Saudi Arabia's decision to end an unofficial 21-month moratorium on the death penalty for drug offences. They considered that while any measures to abolish the death penalty would be seen as progress towards the realization of the right to life, the resumption of executions would lead to less protection of the right to life.
In a statement issued on December 1, 2022, several experts reiterated their call for the Saudi government to impose an official ban on all executions. This is to abolish the death penalty entirely and commute death sentences against individuals sentenced to death, especially for drug offences, in line with international human rights provisions.
The statement was signed by Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Felipe González Morales, Special Rapporteur on the human rights of migrants; Aua Baldé (Chair-Rapporteur), Gabriella Citroni (Vice-Chair), Luciano Hazan, Angkhana Neelapaijit, Grażyna Baranowska, Working Group on Enforced or Involuntary Disappearances; Ms Miriam Estrada-Castillo (Chair-Rapporteur), Mr Mumba Malila (Vice-chairperson), Ms Priya Gopalan, Mr Matthew Gillett, and Ms Ganna Yudkivska - Working Group on arbitrary detention; Ms Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons.
The experts expressed deep concern about the possible execution of the Jordanian citizen, Hussein Abu al-Khair, who is approximately 57 years old, for drug offences that do not meet the minimum threshold for the most serious crimes.
The statement indicated that Abu al-Khair was arrested at the Saudi border in 2014 while driving through Jordan, accused of drug smuggling, and sentenced to death in 2015. According to the information, Abu al-Khair was tortured, held incommunicado, forcibly disappeared, and eventually forced to sign a false confession. After his arrest, he was allegedly denied access to legal advice. Mr Abu al-Khair's allegations of torture have reportedly not been investigated.
The experts emphasized that the use of evidence and confessions extracted under torture to convict individuals on death row not only violates the prohibition against torture but also contravenes the right to a fair trial under international law. The experts noted that the Working Group on Arbitrary Detention had deemed Abu al-Khair's detention illegal and had called for his release.
The experts stressed that under international law, countries that have not abolished the death penalty should impose it only for the most serious crimes, like intentional killing, and not include drug-related crimes.
The statement indicated that since November 10, 2022, Saudi Arabia has executed 20 people, including 12 foreigners. "We are concerned that a significant number of those on death row for drug-related offenses are immigrants," the experts said. They considered that this practice amounted to discrimination against foreigners.
The experts expressed concern that executions in Saudi Arabia occur without warning and are not confirmed until after they have happened. They considered that failure to provide individuals under sentence of death in a timely manner notification of the date of their execution constituted a form of ill-treatment.
The European Saudi Organization for Human Rights affirms that the lives of Abu al-Khair and dozens of detainees facing the death penalty are in imminent danger, especially with the Saudi government's continued disregard of international opinions and its continued violation of its obligations.
ESOHR notes that the resumption of executions for drug crimes raises real concerns about the doubling of the number of executions carried out. It reached 147 sentences from the beginning of 2022 until the end of November 2022. ESOHR monitored 53 cases in which detainees faced the death penalty on charges including expressing opinion and demonstration, including eight minors.