UN Experts Call on Saudi Arabia to Stop the Deportation of two Uighur Men: a Flagrant Violation of International Laws

5 April، 2022

United Nations human rights experts have expressed concern that Saudi Arabia has detained two Chinese nationals of the Uighurs since November 2020 without proper legal justification, and intends to extradite them to China.

The Special Rapporteurs noted that both Nuermiti Rose and Willie Aimedola left the Xinjiang Autonomous Region in 2016 due to the risks of arbitrary detention and torture.

In a statement signed by the Special Rapporteur on minority issues Fernand de Varennes and the Special Rapporteur on freedom of religion or belief Ahmed Shaheed, the experts called on Saudi Arabia to fulfill its obligations not to extradite citizens due to fears that they would be subject to serious human rights violations if returned. The rapporteurs emphasized that the prohibition of refoulement is absolute and non-derogable under international human rights and refugee law. The statement stressed that states have an obligation not to deport anyone from their territory when there are fears that they will be exposed to gross human rights violations in the destination state, including when there is a consistent pattern in the concerned state of gross, flagrant or mass violations of human rights.

The statement stressed that in light of the credible risks of serious violations, whether due to belonging to an ethnic or religious minority, Saudi Arabia is required to conduct an individual, impartial and independent assessment of risks and provide prompt and transparent access to guarantees, including the ability to appeal the decision to deport.

The rapporteurs emphasized that any derogation from the principle of non-refoulement would constitute a flagrant violation of international human rights and refugee law, regardless of the existence of a bilateral agreement on extradition or diplomatic guarantees.

In addition, the Special Rapporteurs expressed their alarm at information indicating that the two men were transferred to Riyadh for possible extradition on 16 March 2022 and then were returned to the detention center in Jeddah, where they were held incommunicado for at least 12 days. They emphasized that prolonged solitary confinement can lead to torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment. They also expressed their concern over information about reprisals against the families of the two men residing in Saudi Arabia.

In addition, the Special Rapporteurs expressed their alarm at information indicating that the two men were transferred to Riyadh for possible extradition on 16 March 2022 and then were returned to the detention center in Jeddah, where they were held incommunicado for at least 12 days. They emphasized that prolonged solitary confinement can lead to torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment. They also expressed their concern over information about reprisals against the families of the two men residing in Saudi Arabia.

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