SAUDI ARABIA
KINGDOM OF SAUDI
ARABIA
Head of state and
government: King
Fahd Bin 'Abdul 'Aziz Al-Saud
Death penalty:
retentionist
International Criminal
Court: not
signed
Gross human rights
violations continued and were exacerbated by the government policy
of "combating terrorism" in the wake of the 11 September
2001 attacks in the USA. The violations were perpetuated by the
strictly secretive criminal justice system and the prohibition of
political parties, trade unions and independent human rights
organizations. Hundreds of suspected religious activists and
critics of the state were arrested, and the legal status of most of
those held from previous years remained shrouded in secrecy. Women
continued to suffer severe discrimination. Torture and
ill-treatment remained rife. At least 48 people were executed. Over
5,000 Iraqi refugees continued to live in Rafha camp as virtual
prisoners. International non-governmental human rights
organizations were denied access to the country and the government
failed to respond to any of the concerns raised by AI during the
year.
Background
Against a background of
continuing gross human rights violations, the international
community continued to scrutinize the country's human rights
record and the government enacted a number of laws that could have
a positive impact.
In May the UN Committee
against Torture examined Saudi Arabia's implementation of the
UN Convention against Torture and urged it to bring legislation and
practice into line with the letter and spirit of the Convention. In
October the UN Special Rapporteur on the independence of judges and
lawyers visited Saudi Arabia – the first UN Special
Rapporteur ever to visit the country. In his preliminary
observations, he noted that "the legal system is undergoing
substantial changes both structurally and
procedurally".
The government enacted a code
of criminal procedures and a law to regulate the legal profession.
According to the Special Rapporteur, "Implementing regulations
for the criminal procedures code have been issued… and the
government has commenced the process of registering lawyers and
intends on finishing registration within five years." However,
the Special Rapporteur noted that "many of these new laws have
taken a long time to implement". AI did not have details of
these changes and was unable to assess whether they adequately
address the issue of the secrecy of the criminal justice
system.
The government submitted its
report to the UN Security Council Counter-Terrorism Committee in
December 2001 and a supplementary report in July 2002. Both
documents provided details of measures taken by the government to
"combat terrorism" without reference to any provisions to
ensure protection of human rights. In practice, the government used
the issue of "combating terrorism" to aggravate the
already dire human rights situation in the country.
Prisoners of conscience and
political prisoners
Hundreds of suspected
religious activists and government critics were reportedly arrested
during the year and the legal status of most of those held from
previous years remained secret. About a dozen possible prisoners of
conscience were released, but the legal status of scores of others
held from previous years remained unclear.
The pattern of arrests which
began in the wake of 11 September 2001 continued. The government
estimated that around 700 people had been questioned and that more
than 100 remained in detention at the end of 2002. Opposition
sources estimated that several hundred people continued to be held.
Most of those held were targeted for arrest by Saudi Arabia's
security forces, but some were handed to the government by other
countries, including Iran and Yemen. The names of the detainees
were kept secret, and except in a few cases where the suspects were
allegedly planning violent attacks, the government justified the
arrests solely on the basis of vague references to
"terrorism" and "suspicion of connection with
al-Qa'ida". None of those held was given access to
lawyers or was known to have had judicial proceedings brought
against them. It was not known if they were allowed family
visits.
Other people were arrested
for trying to exercise their rights to freedom of expression and
conscience.
□ In March 'Abdul
Muhsin Musalam, a poet, was reportedly arrested and detained for
having written a poem entitled The Corrupt on Earth, which criticized judges in Saudi
Arabia. His poem was published in al-Madina newspaper. The editor of al-Madina was subsequently dismissed apparently for
allowing publication of the poem. 'Abdul Muhsin Musalam was
detained for approximately 14 days before he was released without
being charged or tried.
□ In April 'Abdul
Hamid al-Mubarak, a 47-year-old professor at the University of King
Faisal in al-Ihsa, was arrested in Dahran following demonstrations
against Israel's military attacks on Palestinians. The Deputy
Minister of the Interior reportedly told Okaz newspaper that the professor was being held
so that legal proceedings could be brought against
him.
□ In July Sa'd bin
Sa'id Zua'ir, aged 28, was arrested at Riyadh airport. He
was apparently planning to travel to Qatar to be interviewed
by al-Jazeera television in order to raise awareness of
his father's detention in Saudi Arabia. His father, Sa'id
bin Zua'ir, a government critic and former head of the
department of information at Imam Muhammad Ibn Sa'ud
University, had been detained without charge or trial since his
arrest in 1995. Both father and son remained held without charge or
trial at the end of the year.
Women's rights
The debate on women's
rights continued and steps were taken by the government that could
constitute the beginning of a challenge to the severe forms of
discrimination suffered by women. The gravity of this
discrimination was highlighted in March by the death of 15 girls
and the injury of dozens of others during a fire at a school in
Mecca housing 800 girls. There were concerns that the girls may
have been victims of the strict application by the Mutawa'een (religious police) of the policy of
segregating the sexes. Some eyewitnesses said that the
Mutawa'een
prevented the girls from
escaping because they were not wearing headscarves and because
their male relatives were not there to receive them. The
Mutawa'een
were also said to have
prevented rescuers from entering the school because they were men.
The government denied the involvement of the Mutawa'een, apparently on the basis of an
investigation it had carried out. AI called for a transparent
investigation into the incident and the bringing to justice of
anyone responsible for the deaths. It did not receive a
reply.
In the wake of the tragedy
the government dismissed the head of girls' education and
united the department with the Ministry of Education for Boys. Many
people urged the integration of the curriculum too – the
policy of the former girls' education body limited the teaching
of girls to "disciplines suitable to her disposition as a
woman".
Officials, including
ministers, made announcements on other women's issues during
the year. These included: consideration of allowing practices for
women lawyers; a project to look into the problem of unemployment
among women; the recruitment of 100 women prison police personnel;
attendance by women at the all-male Consultative Council's
discussions of issues affecting women; and plans to set up a
special unit to tackle violence in the home. While these measures
may reflect an emerging consciousness about the severe forms of
discrimination suffered by women, the eradication of such
discrimination remained far from reality.
Torture and
ill-treatment
The UN Committee against
Torture called on Saudi Arabia to incorporate torture in its
domestic legislation as a punishable crime as defined in Article 1
of the UN Convention against Torture. It also called on Saudi
Arabia to re-examine the imposition of judicial corporal
punishments, provide redress for victims of torture and
ill-treatment, and ensure punishment of the perpetrators. However,
allegations of torture continued to be reported and no measure of
redress was known to have been applied. Judicial corporal
punishments, including bodily mutilation, were routinely imposed
and carried out.
Torture in
detention
Allegations of torture of
suspects arrested during the year and of those arrested in previous
years were reported. Dozens of people, including women and children
arrested in April after demonstrations in support of the
Palestinian intifada (uprising), were reportedly
beaten.
One former possible prisoner
of conscience released in March said that he had been shackled hand
and foot, beaten and deprived of sleep. The lawyers of Alexander
Mitchell and William Sampson (see below) stated that that their
clients had suffered physical and mental torture during their
interrogation. No investigations into such allegations were known
to have been carried out.
Flogging of
children
Regional authorities
continued to urge extrajudicial floggings by police of teenage boys
suspected of "immoral" behaviour; scores of teenage boys
were flogged during the year.
□ Fifteen boys
suspected of "flirting and bothering" families in a park
in Taif in August were flogged. According to one press report,
"the youths were given 15 lashes each inside the park" by
police immediately after they caught them.
Flogging
Flogging remained a routine
corporal punishment handed down by courts as a main or additional
sentence.
□ A woman was sentenced
to 65 lashes in addition to six months' imprisonment in
February. She was convicted of having committed adultery with her
sister's husband, despite having reportedly claimed before the
court that he had raped her. The man was sentenced to 4,700 lashes
and six years' imprisonment.
Bodily
mutilation
At least seven people, all
foreign nationals, had their right hand amputated, and one man had
two of his teeth extracted under qisas (retribution) punishment.
□ Abdulrahman
Isma'il, an Egyptian national, and Shir Muhammad 'Ali
Ahmad, an Afghan national, had their right hands amputated in Mecca
in July. Both had been convicted of theft.
□ In May Awda
al-Zahrani, a Saudi Arabian national, reportedly had two of his
teeth extracted as a judicial punishment for having caused similar
injury to someone during a fight. One press report suggested that
the teeth were extracted by a dentist.
Refugees
More than 5,000 Iraqi
refugees from the Gulf War of 1991 spent their 11th successive year
as virtual prisoners in the Rafha military camp in the northern
desert near the border with Iraq. The government continued to deny
them the opportunity to seek asylum.
Death penalty
At least 48 people were
executed. Twenty of them were foreign nationals. The Saudi Arabian
nationals executed included three believed to have been convicted
on charges of homosexuality. All 48 were sentenced to death after
trials about which very little was known.
The number of prisoners under
sentence of death was not known owing to the secrecy of the
criminal justice system. Among those known to be facing execution
were Siti Zainab, an Indonesian maid convicted of murdering her
female employer in 1999; and Alexander Mitchell, a United Kingdom
national, and William Sampson, a Canadian national, both of whom
were reportedly sentenced to death on charges of lethal bombings
which took place in Saudi Arabia in 2000. Their case was said to
have been referred to the King for ratification of the sentence or
clemency.
Two Saudi Arabian nationals
sentenced to death for murder were pardoned under qisas, which gives relatives of the murder victim
the right to pardon or seek execution of the offender. In December
the King commuted the death sentences of 17 men from the Ismaili
community to 10 years' imprisonment. The 17 men, who were among
dozens arrested in April 2000 after protests by the Ismaili
community in Najran against the closure of their mosque, were
possible prisoners of conscience.
AI country
reports/visits
Report
• Saudi Arabia remains a
fertile ground for torture with impunity (AI Index: MDE
23/004/2002)
Visits
AI renewed its request to
visit Saudi Arabia after Prince Sultan Bin 'Abdul 'Aziz
Al-Saud reportedly said in September that he had no objection to AI
visiting the country. However, AI did not receive a
response.
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