top of page
ILAAD

SAUDI ARABIA: ARBITRARY DETENTION OF THE HUMAN RIGHT DEFENDER AWAD BIN MOHAMMED AL-QARNI

The International League Against Arbitrary Detention urges the Government of Saudi Arabia to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 55/2023 concerning Awad bin Mohammed al-Qarni, asking the Government of Saudi Arabia to immediately and unconditionally release Awad bin Mohammed al-Qarni and to accord him an enforceable right to compensation and other reparations in accordance with international law.


Read the full WGAD Opinion concerning Awad bin Mohammed al-Qarni (Saudi Arabia): Opinion No. 55/2023.

 

ARRESTED WITHOUT A WARRANT AND SUBJECTED TO ENFORCED DISAPPEARANCE

 

Awad bin Mohammed al-Qarni is a national of Saudi Arabia, and was 65 years old at the time of his arrest. He was a law professor and religious scholar who is known in Saudi Arabia for his advocacy works on human rights.

 

On 12 September 2017, Mr. Al-Qarni was arrested at night and at his house by members of the General Directorate of Investigation. He was beaten, forced inside their vehicle and the agents didn’t explain the reasons for his arrest. Mr. Al-Qarni was then detained in an unknown location for several weeks. He was later detained in Dhahban Prison in Jeddad before being held incommunicado for 6 months. At the time of the source's communication, Mr. Al-Qarni had been detained for 5 years and was at risk of being sentenced to death for spreading hostile informations about Saudi Arabia online. The Government of Saudi Arabia responded to the Working Groupe on 4 July 2023 and denied all the allegations.

 

Mr. Al-Qarni was arrested without an arrest warrant and he didn’t know the charges against him before the 6 September 2018, when his trial started, a year after his arrest. Although the government claimed Mr. Al-Qarni was presented with a warrant and informed of the reasons of his arrest, it did not deny that Mr. Al-Qarni was only informed of the charges against him one year after his arrest. Consequently, the Working Group concluded that articles 3 and 9 of the Universal Declaration of Human Rights had been violated.

 

Besides, Mr. Al-Qarni was detained at secret from his family and lawyers twice, the first time for weeks and the second one for months. The Government contested these allegations, but insufficiently. The Working Group thus found that, in these circumstances, Mr. Al-Qarni’s right to challenge the legality of his detention before a court, enshrined in articles 8, 9 and 10 of the Universal Declaration of Human Rights, had been violated

 

Therefore, considering all the above, the Working Group found that Mr. Al-Qarni arrest and detention lacked a legal basis, rendering his deprivation of liberty arbitrary under category I.

 

VIOLATION OF HIS RIGHT TO FREEDOM OF EXPRESSION


As a law professor and religious scholar, Mr. Al-Qarni advocated online for reform in Saudi Arabia, notably with regards to the respect of human rights. The Government denied this allegation, instead claiming Mr. Al-Qarni was arrested and detained for multiple terrorist offences. Nevertheless, the Working Group considered that the Government's answer was insufficient, notably as failing to provide any evidences that Mr. Al-Qarni’s posts on social media incited to violence. The Working Group therefore found that Mr. Al-Qarni was arrested for peacefully exercising his right to freedoms of expression and opinion, in violation of article 19 of  the Universal Declaration of Human Rights.


As a consequence, the Working Group concluded the detention of Mr. Al-Qarni was arbitrary under category II.

 

VIOLATIONS OF HIS RIGHT TO A FAIR TRIAL


Firstly, at the time of the source's communication, Mr. Al Qarni had been kept in pre-trial detention for more than five years, both before and after his trial begun on 6 September 2018, which has been ongoing ever since. The Government has not justified the excessive length of this pre-trial detention. As such, the Working Group established this delay was unjustified, thus concluding it had violated Mr. Al-Qarni’s right to be tried without undue delay, as guaranteed by article 10 and 11(1) of the Universal Declaration of Human Rights.

 

Besides, Mr. Al-Qarni could not access legal assistance at any stage of his detention. Though the Government denied this, the Working Group found it insufficient, especially for lacking explanations concerning the period following Mr. Al-Qarni's arrest, when he was subjected to enforced disappearance for several weeks. Thus, the Working Group found that Mr. Al-Qarni was denied a legal counsel, at least for the duration of the enforced disappearance, in violation of articles 10 and 11 (1) of the Universal Declaration of Human Rights. The Working Group also expressed its grave concern due to this denied access to legal representation, since Mr. Al-Qarni is facing death penalty during his trial.

 

Eventually, Mr. Al-Qarni’s trial has been taking place in front of the Specialized Criminal Court, a court which, in previous opinions, the Working Group had already considered insufficiently independent from the Ministry of the Interior. Considering this, the Working Group found a violation of Mr. Al-Qarni's right to be heard by an independent and impartial tribunal, under article 10 of the Universal Declaration of Human Rights.

 

Thereby, the Working Group considered that Mr. Al-Qarni's rights to a fair trial were violated, and thus declared his detention arbitrary under category III.


DETAINED FOR HIS RELIGIOUS AND POLITICAL OPINIONS

 

The arrest of Mr. Al-Qarni took place in a context of reccurent crackdowns by the auhorities on those exercising their freedom of expression. In these circumstances, academics like Mr. Al-Qarni have been especially vulnerable, as any questioning of Islam have been strongly reprimanded under a broad terrorism law. Though the Government denied those allegations, arguing that everyone was equal before the law, the Working Group found this response too general to be satisfaying. As such, the Working Group concluded that Mr. Al-Qarni was being detained on discriminatory grounds, namely on the basis of his political and religious opinions, in violation of articles 2 and 7 of the Universal Declaration of Human Rights.

 

The Working Group therefore found that the detention of Mr. Al-Qarni was arbitrary under category V.

 

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

 

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Awad bin Mohammed al-Qarni was arbitrary and fell under categories I, II, III and V because the deprivation of liberty of Awad bin Mohammed al-Qarni was in contravention of articles 2, 3, 7, 8, 9, 10, 11 and 19 of the Universal Declaration of Human Rights.

 

The Working Group recommended that the Government of Saudi Arabia take the steps necessary to remedy the situation of Awad bin Mohammed al-Qarni without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account  all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law. The Working Group also urges the Government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Al‑Qarni and to take appropriate measures against those responsible for the violation of his rights.

 

Comments


Commenting has been turned off.
bottom of page