United Nations Special Rapporteurs have found that Saudi Arabia continues a pattern of prosecuting individuals on extremely serious charges solely for exercising their right to expression, along with the misuse of counter-terrorism legislation in these prosecutions, which are often conducted before the Specialized Criminal Court and result in severe and disproportionate punishments.
In a letter to the Saudi government sent in October 2024, the Special Rapporteurs detailed the arrest and 20-year prison sentence of Asaad bin Nasser al-Ghamdi and emphasized Saudi Arabia's violation of international laws and obligations. The opinion sent to Saudi Arabia was signed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Working Group on Arbitrary Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Special Rapporteur on the independence of judges and lawyers, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
The legal experts noted that the prosecution of Al-Ghamdi is a blatant violation of freedom of opinion and expression, as it was based on his statements on social media, where he expressed his own views, and while some of them were critical, they did not constitute a call for national, racial or religious hatred or incitement to discrimination or violence.
In addition, the experts expressed concern about violations of fair trial standards including the right to self-defense, as his request to appoint a lawyer of his choice was denied, and the necessary data and information were not provided during the trial
The experts indicated that the information confirmed that he was subjected to ill-treatment throughout his detention that appears to violate the absolute prohibition against torture or cruel, inhuman or degrading treatment or punishment and Saudi Arabia's obligations under the Convention against Torture, to which it acceded on September 23, 1997. The Special Rapporteurs expressed serious concern about Al-Ghamdi's health status as a result of the treatment he received in detention, which appears to violate Saudi Arabia's obligations to ensure the health and well-being of all individuals in its custody.
Details of the case
Al-Ghamdi was arrested on November 20, 2022 at his home in Jeddah during a raid by Saudi security forces and detained in Dhahban prison, where he remained in solitary confinement for three months, including two months in complete solitary confinement. He was later transferred to al-Ha'ir prison in Riyadh where he was subjected to long periods of detention with limited access to his family. He was charged under Articles 30, 34, 43, and 44 of the Anti-Terrorism Law. The charges include questioning the religion and justice of the King and the Crown Prince, disturbing public order, destabilizing the security of society, threatening national unity, and publishing false and fabricated news on the social media platform X (formerly known as Twitter).
His case was brought before the Specialized Criminal Court, he was denied access to independent legal representation for more than nine months, and was assigned a state-appointed lawyer who did not effectively represent him. He was sentenced to 20 years in prison on May 29, 2024, and on appeal the sentence was reduced to 15 years on October 3, 2024 without providing written documentation to his family.
He was reportedly diagnosed with epilepsy and was denied proper medical treatment while in detention. His physical and mental health deteriorated due to the conditions of detention, including solitary confinement and limited contact with his family. He was subjected to prolonged solitary confinement and incommunicado detention, with a lack of clarity on the specific data that led to the charges, in violation of due process standards. The family has been denied access to trial documents and details of the verdict
The rapporteurs explained that his trial and sentencing violated Article 19 of the Universal Declaration of Human Rights, which protects the right to hold and express opinions without interference. In addition, he was denied access to an independent lawyer, a lack of transparency in legal proceedings, and a lack of specific details about the charges against him. He also faced solitary confinement and incommunicado detention for periods exceeding the internationally recognized limit of 15 days in violation of the Convention Against Torture.
The European-Saudi Organization for Human Rights believes that the case of Asaad Al-Ghamdi adds to Saudi Arabia's record of violations against freedom of opinion and expression, misuse of anti-terrorism legislation, denial of fair trial rights, and ill-treatment of detainees. ESOHR considers that the official Saudi reaction, which does not effectively respond to the letters of successive special rapporteurs, reflects the reality of its dealings with the UN human rights mechanisms.