Loujain Al-Hathloul

Cases
Location of case in SG report
2019-091-002
Relevant SG report
Year of the report
2019
Country Geolocation

Latitude: 23.885942

Longitude: 45.079162

Country Geolocation (linked Cases)
Saudi Arabia
From Region
UN body that raised the case prior to the SG report
  • Assistant Secretary-General
  • UN Treaty Bodies: CEDAW
  • UN Special Procedures: Thematic
Dates of prior UN action
8 February 2019; 9 April 2019; 25 May 2018; 20 July 2018; 7 August 2018; 13 November 2018; 20 November 2018.
Type of record
Named individual
Gender
Female
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

had cooperated with the United Nations and were being held in Dhabban prison in Jeddah

Type of rights defended
  • Unclear in SG Report
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal

On 27 February 2018, Ms. Loujain Al-Hathloul cooperated with CEDAW during the consideration of Saudi Arabia.

Engagement with UN body
  • UN Treaty Bodies: CEDAW
Dates of engagement
27 February 2018
Type of attempted engagement
  • Participation in meeting on UN premises
Dates of mentioned reprisals
Early March 2018; 15 May 2018
Location of mentioned reprisals
Abu Dhabi; Riyadh; Jeddah
Reprisal information

raised concerns about reports of detention, torture, sexual harassment and ill-treatment including in the form of gender-based violence committed against them.

In early March 2018, shortly after Ms. Al-Hathloul’s return from Geneva, she was arrested in Abu Dhabi by Emirati authorities and taken to Riyadh by Saudi authorities for interrogation. After three days she was released and a travel ban was imposed. On 15 May 2018, Saudi police forces raided Ms. Al-Hathloul’s home, arrested her and held her in incommunicado detention for three months. The charges against Ms. Al- Hathloul reportedly include using social media to communicate with international actors and contact with foreign entities and participating in an exam of the United Nations.

Types of reprisals suffered
  • Property damage/raid/search/confiscation
  • Physical attack: Rape/sexual aggression
  • Physical attack: Torture/Cruel, inhuman, degrading treatment
  • Travel restriction
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Government response dates
9 October 2018; 3 December 2018; 5 April 2019
Government response content

In response, the Government provided information on the conditions of detention and remedies available to Ms. Al-Hathloul. 98 On 5 April 2019, the Government submitted additional information, stating that she had committed offences related to national security and cybercrimes and is detained in the General Directorate of Investigation (Al-Mabahith) with rights to medical treatment, legal representation, communications and visits. The Government stated that the investigation into her case has been conducted and concluded.

Was the case raised by a State at the UN?
Yes
Which State raised the case at the UN and when?

In June 2020, BENELUX raised the case at the 43rd resumed session of the Human Rights Council under item 5: 'We are concerned about the following cases of intimidation and reprisals: - Ms Samar Badawi and Ms Louhain Al-Hathlour, women human rights defenders from Saudi Arabia who engaged with the UPR and CEDAW.'

In September 2020, Finland raised the case at the 45th session of the Human Rights Council under item 4: 'The prolonged detentions of human rights defenders in the Kingdom of Saudi Arabia, including Loujain al-Hathleul, Samar Badawi, Nassima al-Sadah, and Nouf Abdulaziz, raise concern. We remain deeply concerned about the persisting traditions of discrimination of women and girls and urge Saudi Arabia to take further actions for gender equality and the empowerment of women and girls for example by abolishing the guardianship system. We reiterate our concern about arbitrary detention.'

In March 2021, Finland raised the case again at the 45th session of the Human Rights Council under item 4 in the same terms: 'The prolonged detentions of human rights defenders in the Kingdom of Saudi Arabia, including Loujain al-Hatkloul, Samar Badawi, Nassima al-Sadah, and Nouf Abdulaziz, raise concern. We remain deeply concerned about the persisting traditions of discrimination of women and girls and urge Saudi Arabia to take further actions for gender equality and the empowerment of women and girls for example by abolishing the guardianship system.'

In September 2024, Liechtenstein raised the case at the 57th session of the Human Rights Council during the Interactive Dialogue with the Assistant Secretary-General on the report on reprisals for cooperating with the UN.

Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
4
In which SG report was this case followed up on? 0
2020
Follow up information provided in SG report 0
  1. The case of Ms. Loujain Al-Hathloul, who had been arrested after engaging with CEDAW, was included in the 2019 report of the Secretary-General (A/HRC/42/30, para. 73 and Annex I, paras. 91–93). 71 On 27 September 2019, special procedures mandate holders urged Saudi Arabia to release Ms. Al-Hathloul, whose arrest 500 days prior they noted was partly based on her engagement with CEDAW. They also stated that “it is shockingly hypocritical that Ms. Al-Hathloul remains in prison for campaigning to change laws which have since been amended.” 72 On 6 December 2019, the CEDAW Chair and Committee Focal Point on Reprisals again wrote a confidential letter to the Government 73 and on 28 February 2020, the Committee publicly urged Saudi Arabia to release her from prolonged pre-trial detention, and ensure without further delay her right to a fair trial. 74
  2. On 13 August 2019, it was reported in the media that Saudi state security had visited her in prison in order to negotiate a deal, whereby Ms. Al-Hathloul would be released from prison in return for making a video statement denying that she was tortured, but that she rejected this proposal. Ms. Al Hathloul has reportedly been placed in solitary confinement and had only limited access to her family. She appeared before the Criminal Court in Riyadh on 30 January 2020 and 12 February 2020, but further hearing dates have reportedly been indefinitely postponed, initially related to the COVID-19 outbreak. Prosecutors are reportedly calling for the maximum penalty under article 6 of the Cybercrime Law and pursuing the following charges: “undermining public order, religious values, good morals and private life” and “communicating with journalists, UN human rights bodies and human rights organizations” and other groups described as “hostile to the state.”
Followup Trends 0
Deterioration/further reprisals
Date of follow up 0
27 September 2019, 6 December 2019, 28 February 2020,
Did the government respond? 0
No
Was this case followed up by a UN body? 0
  • UN Treaty Bodies: CEDAW
  • UN Special Procedures: Thematic
In which SG report was this case followed up on? 1
2021
Follow up information provided in SG report 1
  1. The case of Ms. Loujain Al-Hathloul, a woman human rights defender, was included in the 2019 and 2020 reports of the Secretary-General226 on allegations of disappearance, detention and torture following her engagement with the Committee on the Elimination of Discrimination against Women in March 2018. The Committee and special procedures mandate holders have addressed her situation repeatedly with the relevant authorities (SAU 8/2020; 1/2019; 7/2018). On 7 August 2020, the Government responded to mandate holders stating that the allegations are inaccurate and based entirely on unfounded and unsubstantiated information; it provided information about Ms. Al-Hathloul’s legal proceedings, conditions of detention, health situation and access to medical care.227 In its opinion No. 33/2020, the Working Group on Arbitrary Detention found Ms. Al-Hathloul’s detention to be arbitrary, requested her immediate release, and called for the Government to provide compensation and reparations (A/HRC/WGAD/2020/33, paras. 100–103). On 10 December 2020, experts from the Committee and multiple special procedures mandate holders expressed concerns publicly about the detention and legal proceedings against Ms. Al-Hathloul, reported that she was deprived of regular contact with her family, and called for her immediate release.228
  2. On 16 February 2021, special procedures mandate holders addressed Ms. AlHathloul’s sentencing on 28 December 2020 by the Specialized Criminal Court to 5 years and 8 months in prison, with two years and ten months of suspended sentence and a 3-year probation period in addition to the time already served, and a 5-year travel ban (SAU 3/2021). Ms. Al-Hathloul was reportedly sentenced inter alia for “harming national security” and “communicating with international rights groups”, and “speaking to foreign diplomats and with international media about women’s rights in the kingdom.” On 10 February 2021, Ms. Al-Hathloul was released from prison, which was welcomed by the High Commissioner for Human Rights.229 Due to the suspended sentence and travel ban, she could be returned to prison if she is perceived to have engaged in any criminal activity (SAU 3/2021).
  3. According to information received by OHCHR, on 10 March 2021, her appeal to the Supreme Court against the ruling of the Specialized Criminal Court regarding the torture investigation was rejected. Ms. Al-Hathloul family in Saudi Arabia is reportedly also under a travel ban. On 10 May 2021, the Government responded providing information about Ms. Al-Hathloul’s charges and conviction under articles 34 and 43 of the Act to Combat Terrorist Crimes and Their Financing Act.230 They noted investigations and court decisions related to the allegations of Ms. Al-Hathloul’s torture or other cruel, inhuman or degrading treatment while in detention, stating that they found no evidence of torture.
Followup Trends 1
Significant positive and negative developments
Date of follow up 1
10 December 2020, 16 February 2021, 2 June 2020, 8 February 2019, 14 June 2018
Did the government respond? 1
Yes
Was this case followed up by a UN body? 1
  • UN Special Procedures: Thematic
  • UN Special Procedures: UN Special Procedures - General
In which SG report was this case followed up on? 2
2022
Follow up information provided in SG report 2
  1. The case of Ms. Loujain Al-Hathloul, a woman human rights defender, was included in the 2019, 2020 and 2021 reports of the Secretary-General 169 on allegations of disappearance, detention and torture following her engagement with the United Nations Committee on the Elimination of Discrimination against Women in March 2018. In June 2020, the Working Group on Arbitrary Detention found her detention arbitrary (A/HRC/WGAD/2020/33). In December 2020, Ms. Al-Hathloul was sentenced under national security related charges to 5 years and 8 months in prison, with two years and ten months of suspended sentence and a 3-year probation period in addition to the time already served and a 5-year travel ban (SAU 3/2021).170 On 10 February 2021, she was released from prison on probation for three years and with a five-years travel ban.171 The Committee and special procedures mandate holders have addressed her situation repeatedly with the relevant authorities, including allegations of acts of reprisals for her cooperation with the UN.172
  2. In its 2021 annual report, the Working Group on Arbitrary Detention addressed the deprivation of liberty of human rights defenders173 and cited the case of Ms. Al-Hathloul as an example of a woman human rights defender arbitrarily deprived of liberty due to her activities in support of human rights, (women’s rights), subjected to enforced disappearance, torture and ill treatment, and exposed to gender specific risks. 174 The report also cites the opinion concerning Ms. Al-Hathloul as an illustrative example of a case that takes place in a State where the detention of human rights defenders is widespread and provides an update on the case.175 It notes Ms. Al-Hathloul’s release on 10 February 2021 under probationary period, a travel ban, and the ongoing appeal of her conviction. According to information received by OHCHR, Ms. Al-Hathloul is under tight surveillance and reportedly a travel ban is also enforced on her family.
  3. Regarding the situation of Ms. Al-Hathloul, the Government informed that she was convicted for committing terrorism offences punishable under the Countering Terrorism and the Financing of Terrorism Act. She was sentenced to a term of 5 years and 8 months imprisonment calculated from the date of arrest, of which 2 years and 10 months were suspended, and she was handed a travel ban of similar length that went into effect after the end of the prison sentence. She is currently at liberty. Concerning Ms. Badawi, the Government informed that she was convicted for committing offences that are punishable under the Countering Cybercrime Act. She was sentenced to a term of five years imprisonment calculated from the date of arrest, of which two years were suspended, and she was handed a travel ban of similar length that went into effect after the end of the prison sentence. She is currently at liberty.
  4. The Government stated that the individuals above were not tortured or subjected to ill-treatment. During her trial, Ms. Al-Hathloul alleged that she had been tortured. After examining the case documents, the court dismissed the allegations because it was not proven that she had been tortured during her detention. Ms. Al-Hathloul challenged the judgement and filed an appeal. The Court of Appeal reviewed the case and upheld the judgement regarding the claim of torture.
Followup Trends 2
Stayed same
Date of follow up 2
6 August 2021
Did the government respond? 2
Yes
Was this case followed up by a UN body? 2
  • UN Special Procedures: Thematic
  • UN Special Procedures: UN Special Procedures - General
In which SG report was this case followed up on? 3
2024
Follow up information provided in SG report 3
  1. The case of Ms. Loujain Al-Hathloul, a woman human rights defender, was included in the 2019, 2020, 2021 and 2023 reports of the Secretary-General166 on allegations of disappearance, detention and torture following her engagement with the United Nations Committee on the Elimination of Discrimination against Women in March 2018. In June 2020, the Working Group on Arbitrary Detention found her detention arbitrary (A/HRC/WGAD/2020/33). In December 2020, Ms. Al-Hathloul was sentenced under national security related charges (SAU 3/2021).167 On 10 February 2021, she was released from prison on probation for three years and with a five-year travel ban.168 The Committee and special procedures mandate holders have addressed her situation repeatedly with the relevant authorities, including allegations of acts of reprisals for her cooperation with the United Nations.169
  2. On 27 March 2024, special procedures mandate holders addressed the ongoing travel ban against Ms. Al-Hathloul, after the expiration of the 2 year and 10 months travel ban mandated in her sentence of December 2020 (SAU 1/2024), to which the Government responded.170 Reportedly, the travel ban against her should have ended on 12 November 2023, but on 14 November, the officer in charge of the passport office in Riyadh could not confirm to Ms. Al-Hathloul that it had been lifted. Two days later, when she attempted to cross the Saudi-Bahrain border, she was informed that she was subject to a travel ban with no expiration date. Mandate holders noted that the two complaints she filed with the Saudi Human Rights Commission (SHRC), and upon SHRC’s recommendation also with the Presidency of State Security through the Board of Grievances, remained unanswered. On 21 February 2024, Ms. Al-Hathloul visited the passport office in Riyadh and learnt that she was still subject to a travel ban.159. During the interactive dialogue of the Universal periodic review of Saudia Arabia held on 22 January 2024, the Member State received a recommendation to refrain from reprisals against human rights defenders for interaction with United Nations human rights mechanisms171 (A/HRC/56/4 paras. 43.65). Saudi Arabia accepted 273 recommendations fully and 24 partially, which did not include the latter (A/HRC/56/4/Add.1 paras. 3 and 25).172
Followup Trends 3
Deterioration/further reprisals
Date of follow up 3
27 March 2024
Did the government respond? 3
No
Was this case followed up by a UN body? 3
  • UN Special Procedures: UN Special Procedures - General
Was this case followed up by a UN body? 4
  • UN Special Procedures: UN Special Procedures - General