Joint Statement: NGOs express their concern for the lives of death row prisoners after actions taken at risk of imminent execution by Saudi government

ESOHR, ADHRB and OMCT are concerned over the imminentexecution in Saudi Arabia of 15 individuals and call on the government to annultheir death sentences.

On 1 November 2018, the case of 12 men convicted of spying for Iran andspreading the Shia faith, including that of Abbas Al-Hassan, was transferred tothe Presidency of the State Security (PSS) by Royal Decree, indicating what maybe their imminent execution, despite concerns about the fairness oftheir trials by the international community and the UnitedNations. The PSS was established by royal decree in mid-2017, with the intelligenceand security capabilities previously held by the Ministry of Interior anddirectly overseen by the King. With the ratification of the King, this casewill mark the first death penalty case to come before this body.

During trial, which was held in breach of basic fairtrial rights, a number of the defendants confirmed before the judge thatduring interrogation they had been subjected to torture to extract confessions.In spite of this, their sentences were based on evidence obtained under theseconditions. Those arrested and tried additionally indicated that they were deniedaccess to legal representation during questioning, and that their lawyers werenot allotted sufficient time to adequately present a proper defense. Moreover,a number of the charges that the defendants faceddid not constitute crimes under international law, including dissemination ofthe Shia faith.

In a separate case, according to sources close to the families, three otheryoung men sentenced to death were transferred to Riyadh on 7 November 2018. Thisincluded Mustafa al-Khayat, convicted on charges such as participating in demonstrations,disrupting security, and carrying weapons. Although their location is currentlyunknown, it is believed that these individuals were transferred to Haer prison days after anexceptional visit from their families. The move bears concerning similaritiesto executions that occurred in July 2017, when four prisoners were moved to thecapital to enforce their death sentences. Similar steps were also taken in thecase of Sheikh Nimr, executed in 2016.

The Saudi government’s record of unfair trials and executions havepreviously attracted the attention of UN human rights experts, who have issuedrepeated urgent appeals urging the Kingdom to ensurefair trial rights and to halt the execution of prisoners accused of espionagefor Iran as well as death sentences on children. The UN Committee against Torture had also raised these concerns in theirrecommendations to Saudi Arabia during the country’s review in 2016.

Given the recent measures taken by the Saudi government to refer the 12men’s case to the PSS and to relocate the prisoners to Haer prison as well as theKingdom’s poor human rights track record, we express serious concerns for thesafety and physical and mental integrity of the 15 individuals, who may be executed at anytime without their families being notified.

We call for the Saudi government to comply with its obligations under internationalhuman rights law, including the Convention against Torture, halt the executionsof the 15 men and annul their death sentences. We also call for any re-trial tobe conducted in accordance with international law and standards in order to ensure that fairtrial rights are respected.