On 27 October 2014, Judge Sultan Hanas bin Shidah of the Specialized Criminal Court in Riyadh sentenced lawyers Abdulrahman Al- Subaihi, Bander Al-Nogaithan, and Abdulrahman Al- Rumaih, on charges including ‘prejudicing public order’ and ‘insulting the judiciary’ via Twitter. The sentences ranged from five to eight year in prison, travel bans and a ban on using and appearing on social media.

The charges followed the creation of a hashtag on Twitter, by various social media activists, criticizing the Ministry of Justice for monitoring the work of lawyers. The three lawyers were prosecuted for their on-line postings and allegedly re-posting the hashtag and tweets, which the Ministry for Justice claimed amounted to an on-line smear campaign against it. 

Abdulrahman Al-Subaihi is a serving board member and former professor of the Saudi Arabia High Judicial Institute.  According to the Court’s verdict he was found guilty for libelling and slandering the king, “claiming that there are arbitrary detainees, infringing the dignity and the prestige of the judiciary by intervening in judgments, and criticizing them…inciting justice staff to pursue his approach” based on “tweets issued from his social media account on Twitter”. He was sentenced to eight years in prison, with the first five to be served pursuant to article 6 of the Anti-Cyber Crime Law, followed by a 10 year travel ban to come into force on his release and a prohibition on him using or appearing in any media or social networking sites.

Bander Al-Nogaithan, former law lecturer at Dar Al-Uloom University, was sentenced to five years in jail followed by a seven-year travel ban and a ban on appearing or writing in any media or social networking sites. He was convicted based on charges relating to posts on Twitter for describing the judiciary as incompetent and insulting the judiciary and according to the verdict, “accusing the Ministry of Justice in a number of tweets of lying…all these practices [which] would prejudice public order”.

Abdulraham Al-Rumaih is a former Judge of the General Court in Riyadh and was also sentenced to five years in jail, a seven-year travel ban and a ban on using and appearing in media or social networking sites. The Court found him guilty of insulting the judiciary and questioning its competency, including by criticising a sentence of the Court as being too harsh, which it considered as “an interference of the independence…and [an] undermin[ing] of the prestige of the court” and “accusing the Justice Department of failure, according to tweets issued from the social media account Twitter”.

The three human rights defenders can appeal the verdict.

Of great concern are the remarks made by the Judge in his verdict after he had handed down the sentences to the human rights defenders. He directly threatened the freedom of expression of the citizens of Saudi Arabia saying “I recommend in the context of this provision that all of those practicing the same defendants’ actions or any other similar actions of publishing false news through the media or social networking, to close ports of evil”.

The Gulf Centre for Human Rights (GCHR) and Monitor of Human Rights in Saudi Arabia express serious concern at the charges brought against Abdulrahman Al- Subaihi, Bander Alnogaithan, and Abdulrahman Al- Rumaih, and the sentences imposed on them, and view them as a direct and gross violation of their right to freedom of expression. Further concern is expressed at the comments of the Court as it is feared that more people will be targeted for exercising their opinion and right to freedom of expression both on-line and via other channels.

The GCHR and Monitor of Human Rights in Saudi Arabia urge the authorities in Saudi Arabia to:

1. Immediately drop all charges against Abdulrahman Al- Subaihi, Bander Alnogaithan, and Abdulrahman Al- Rumaih;
2. Guarantee in all circumstances that the right to freedom of expression is protected and promoted;
3. Guarantee in all circumstances that all human rights defenders in Saudi Arabia are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment. 

The GCHR and Monitor of Human Rights in Saudi Arabia respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw your attention to Article 6 (c): “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters“, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”