A/HRC/45/36 (A/HRC/WGAD/2019/26, para. 72). 82 The Working Group, in its opinion issued in November 2019 after the execution, noted that they considered the detention of Mr. AlAdam arbitrary (A/HRC/WGAD/2019/26, paras. 92, 97, 106, 112, and 114(b)) and “observe[d] that while a situation of arbitrary detention can be remedied by releasing and according appropriate reparations to the detainee, bringing someone back from death is not possible” (para. 72). 109. On 12 September 2019, the Government83 stated that the allegations are false and based on uncorroborated and unfounded information, that Mr. Al-Adam was part of a terrorist group, and had engaged in activities resulting in casualties, fatalities and the destruction of public and private property. It stated that he was not subject to ill-treatment and torture, was not denied medical care or legal representation, was not subject to any reprisals when incarcerated, and had previously informed that he was not considered a person with a disability, following an examination of the Human Rights Commission (A/HRC/WGAD/2019/26, para. 69). It noted that he had been sentenced to final judgements upheld by the Appeal Court and Supreme Court and a royal order was issued for their enforcement. 110. In its November 2019 opinion84, the Working Group on Arbitrary Detention stated that Mr. Abdulaziz Youssef Mohamed al-Shubaili, of the Saudi Civil and Political Rights Association (ACPRA), was being detained arbitrarily (paras. 76, 83, 90, 95), and raised particular concerns about the Government’s reprisals against him for reporting to the UN human rights mechanisms (para. 93). The Working Group called on the authorities to ensure his immediate release and provide him compensation and other reparations (para. 100). In December 2017, special procedures mandate holders had raised serious concern about his detention in September 2017 (SAU 12/2017). He had reportedly been summoned multiple times to the Bureau of Investigation and Prosecution in Qasim for interrogation in 2013 due to his human rights monitoring. On 29 May 2016, Mr. al-Shubaili was sentenced to eight years in prison based on article 6 of the Anti-Cyber Crime Law, and the Specialized Criminal Court imposed an eight-year social media and travel ban. 111. In March 2018, the Government stated that Mr. al-Shubaili was imprisoned pursuant to a final judgment of offences committed under the Repression of Cybercrime Act, explicitly defaming the loyalty and faith of the Council of Senior Scholars and disparaging the judiciary.85 In its response of 18 September 2019 to the Working Group’s questions before its deliberation, the Government stated that Mr. al-Shubaili was arrested, tried and convicted in accordance with domestic laws and procedures (A/HRC/WGAD/2019/71, para. 56). 112. In its opinion adopted in November 2019, in which it addressed cases concerning engagement with the Special Rapporteur on extreme poverty and human rights and other UN human rights mechanisms (see Annex II),86 the Working Group on Arbitrary Detention noted that “(i)n its 28-year history, (it) has found Saudi Arabia in violation of its international human rights obligations in about 60 cases” (A/HRC/WGAD/2019/71, para. 97). The Working Group expressed concern that “this indicates a systemic problem with arbitrary detention in Saudi Arabia which amounts to a serious violation of international law”. 32. South Sudan 113. The United Nations Mission in the Republic of South Sudan (UNMISS) and OHCHR have received information that government security operatives, particularly the 82 83 84 85 86 42 See also SAU 7/2017, SAU 5/2016. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34866. Opinion No. 71/2019 adopted by the Working Group on Arbitrary Detention at its eighty-sixth session, concerning Issa al-Nukheifi, Abdulaziz Youssef Mohamed al-Shubaili and Issa Hamid alHamid (Saudi Arabia), 18–22 November 2019. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33966. Opinion No. 71/2019 adopted by the Working Group on Arbitrary Detention at its eighty-sixth session, concerning Issa al-Nukheifi, Mr. Abdulaziz Youssef Mohamed al-Shubaili and Issa Hamid al-Hamid (Saudi Arabia), 18–22 November 2019.

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