The Gulf centre for Human Rights (GCHR) is very concerned following reports of the arbitrary arrest and detention of human rights defender, Fawzan Al-Harbi, on 26 December 2013, during the second hearing of his trial at the Criminal Court in Riyadh. Fawzan Al-Harbi is a founding member of the Association for Civil and Political Rights (ACRPA).

On 26 December 2013, the Criminal Court in Riyadh held its second hearing in the trial of Fawzan Al-Harbi, who had submitted his defence to the presiding judge, Omar Al-Sahan, against some of the charges directed against him. The judge allowed him to read his defense in which he explained that this lawsuit is vexatious, the judge then, and without giving any reason, ordered the arrest and detention of Fawzan Al-Harbi.

The Public Prosecutor had brought nine alleged detailed charges against Fawzan Al-Harbi, including involvement in “the formulation and preparation of statements that criticized the Saudi government, accused the judiciary and the executive on false charges, questioned the fairness of government procedures, incited citizens against the security forces, and called for public action against the state authorities.”

The prosecutor called for the imposition of a severe penalty on the human rights defender and that the upper limit of punishment contained in Article VI of the Cyber Crime Act issued by Royal Decree in March 2007 should be applied to him. This provides for “imprisonment for a term not exceeding five years and a fine of not more than three million rials” in relation to cyber crimes.

The GCHR believes that the arbitrary arrest and detention of human rights defender, Fawzan Al-Harbi, is directly related to his work in defence of human rights in Saudi Arabia and in particular his active membership of (ACRPA).

The GCHR urges the Saudi Arabia authorities to: 

1.  Immediately and unconditionally release human rights defender Fawzan Al-Harbi;
2. Immediately ensure that Fawzan Al-Harbi has an unrestricted access to his lawyer and family;
3. Take all necessary measures to guarantee the physical and psychological integrity and security of Fawzan Al-Harbi while he remains in detention;
4. Guarantee in all circumstances that all human rights defenders in Saudi Arabia are able to carry out their legitimate activities without fear of reprisals and free of all restrictions including judicial harassment. 

The GCHR respectfully reminds 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, 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 6 (b and c): “Everyone has the right, individually and in association with others: (b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; (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 (1 and 2): “(1) Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. (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.”