On 6 July 2014, the Specialised Criminal Court in Jeddah sentenced prominent human rights lawyer Waleed Abu Al-Khair to 15 years in prison, with five years suspended, and a travel ban of equal duration as well as a fine of 200,000 SR. (approximately $53,300). He is founder and director of the organisation Monitor of Human Rights in Saudi Arabia (MHRSA).

Multiple trumped up charges were brought against him including ‘antagonizing international organisations against the kingdom’, relating to his engagement with international human rights mechanisms including the UN system and ‘incitement of public opinion against authorities’ , ‘setting up and supervising an unlicensed association’ referring to MHRSA, and “Preparing, storing and disseminating what would prejudice public order.”

On 3 July 2014 the ninth court session of the trial was held and attended by Waleed Abu Al-Khair’s lawyer, mother and wife. Abu Al-Khair referred to a letter he delivered to the Court on 26 June 2014, in which he declared that he would not co-operate with the Court because he believes it is illegitimate and gave no further response. The jurisdiction of the Specialised Criminal Court is to deal with terrorism related cases, but it is increasingly being used to target human rights defenders.

Waleed Abu Al-Khair was arrested following his appearance at the fifth court session on 15 April 2014 and is being detained in Al-Hair prison where he was held incommunicado and was subjected to torture.  (For further information on his case see GCHR previous appeals, https://www.gc4hr.org/news/view/673, https://www.gc4hr.org/news/view/645, https://www.gc4hr.org/news/view/637)

On 3 July 2014, the second session of the trial of human rights defender and founding member of ACPRA, Essa Al-Hamed was held before the Criminal Court in Buraydah, the capital of Al-Qassim region. Judge Sulaiman Al-Olaiky referred the matter to the President of the Specialised Criminal Court, claiming the lack of jurisdiction of the Court in accordance with Article VIII of the terror crimes act.

On 3 July 2014, the Specialised Criminal Court of Appeal in Riyadh upheld the verdict against human rights defender and blogger, Mikhlif Al-Shammari. The sentence included five years in prison, a ten-year travel ban to commence on completion of his sentence, and a ban on his writing articles, accessing the Internet and appearing in the media. 

The sentence related to eight charges including, attempting to discredit the Kingdom of Saudi Arabia in the eyes of internal and external public opining, insulting clergy and accusing state officials of dishonesty and “produce and send via the Internet what would prejudice public order.” He remains at risk of arrest at any moment (For further information see, https://www.gc4hr.org/news/view/601, https://www.gc4hr.org/news/view/441).

The GCHR expresses serious concern at the events outlined above, in particular the trial of human rights defenders by the Specialised Criminal Court. Concern is expressed at the lengthy sentences handed down against Waleed Abu Al-Khair and Mikhlif Al-Shammari who have been targeted as a direct result of their human rights work.

The GCHR urges the authorities in Saudi Arabia to: 

1. Immediately and unconditionally release Waleed Abu Al-Khair;
2.  Immediately and  unconditionally drop all charges against Waleed Abu Al-Khair, Mikhlif Al-Shammari and Essa Al-Hamed  ;
3. Guarantee the physical and psychological integrity and security of Waleed Abu Al-Khair while he remains in detentions;
4. Ensure that the Specialised Criminal Court is used only in antiterrorism cases and is not used in the cases of human rights defenders;
5. 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 respectfully reminds the authorities in Saudi Arabia 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, recognizes 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 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, threat, 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.”