A/HRC/51/47
130. The case of Ms. Samar Badawi, a woman human rights defender, was included in
the 2015, 2019, 2020 and 2021 reports of the Secretary-General176 on allegations of threats
and interrogations following her statement at the Human Rights Council in 2014 and in
relation to her arrest and detention in 2018, charges and release on probation on 2021. 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.177
131. The case of Mr. Fawzan Mohsen Awad Al-Harbi, a human rights defender and
member of ACPRA was included in the 2014, 2019, 2020 and 2021 reports of the SecretaryGeneral178 on allegations of arrest and detention for his cooperation with the UN. Special
procedures mandate holders have addressed his situation repeatedly with the relevant
authorities, including allegations of acts of reprisals for his cooperation with the UN.179
132. The case of Mr. Essa Al-Nukhaifi, a human rights defender and anti-corruption
activist, was included in the 2018, 2019, 2020, and 2021 reports of the Secretary-General180
following his six-year prison sentence, with a six-year travel and social media ban upon
release, for his cooperation with the Special Rapporteur on extreme poverty to Saudi Arabia
during a visit in January 2017 (SAU 2/2017). In November 2019, the Working Group on
Arbitrary Detention stated that Mr. Al Nukhaifi’s detention was arbitrary
(A/HRC/WGAD/2019/71, paras. 76, 83, 90, 95), and raised particular concern about the
reprisals against him for his consultation with the Special Rapporteur on extreme poverty
(para. 93). Mr. Al Nukheifi is currently held in Al Ha’ir Prison in Riyadh.
133. In May 2021, special procedure mandate holders followed up on Ms. Badawi’s and
Mr. Essa Al-Nukhaifi’s detention, trial and charges against them and expressed concern over
allegations of torture and ill treatment of Mr. Fowzan al-Harbi in detention, and over alleged
breaches of fair trial standards during his trial. Mandate holders also raised concerns about
“what seems to be a pattern of restrictions on space dissent and debate in Saudi Arabia
whereby critical or dissenting opinions are characterized as terrorism (SAU 6/2021).”
Reportedly, Mr. Al-Harbi undertook a hunger strike with other prisoners in March 2021 in
protest over the poor conditions in prison and mandate holders. (SAU 6/2021). On 15 July
2021, the Government responded, providing information about the charges and convictions
of Ms. Badawi, Mr. Al-Nukhaifi and Mr. Al-Harbi’s to 6, 10 and 7 years imprisonment with
travel bans of the same duration, under article 6. (1) of the Cyber Crime Act. 181 The
Government confirmed the release of Ms. Badawi on 25 June 2021.
134. On 30 November 2021, special procedure mandate holders addressed allegations of
the arbitrary detention and acts of intimidation and reprisals for cooperation with the UN
against Mr. Mohammed Al-Qahtani, Mr. Fowzan Al-Harbi and Mr. Essa Al-Nukhaifi and
expressed concern for allegations of mistreatment and about “what appears to be a pattern of
widespread and systematic arbitrary arrest and detention of persons including human rights
defenders” (SAU 13/2021). Reportedly, on 15 August 2021, Mr. Mohammed Al-Qahtani
initiated a hunger strike in protest against alleged ill treatment by Al-Ha’ir prison
administration, and was joined by Mr. Al-Harbi, Mr. Al-Nukhaifi and other detainees.
135. On 20 January 2022, the Government responded, providing information about Mr. Al
Qahtani’s sentence for national security offences, denying a hunger strike in August
reaffirming no restriction on family visits for Mr. Al-Qahtani, Mr. Fowzan and Mr. AlNukhaifi. It further confirmed they had received the necessary medical care and provided as
well as information on the COVID-19 Protocol followed with Mr. Al Qahtani.182
176
177
178
179
180
181
182
A/HRC/30/29, para. 36, A/HRC/42/30, Annex I, para. 91 and Annex II, para. 95; A/HRC/45/36,
Annex II, para. 112, A/HRC/48/28, Annex II, paras. 117–118.
SAU 6/2021, SAU 8/2020, SAU 1/2019, SAU 11/2018, SAU 1/2016, and SAU 16/2014.
A/HRC/27/38, para. 30; A/HRC/42/30, para. 74 and Annex II, para. 94; A/HRC/45/36, Annex II,
para. 118 and A/HRC/48/28, Annex II, para. 124.
SAU 6/2021, SAU 13/2021, SAU 4/2016, SAU 11/2014, SAU 8/2013.
A/HRC/39/41, para. 65 and Annex I, paras. 95–96, 98; A/HRC/42/30, para. 74 and Annex II, para. 93
and A/HRC/45/36, Annex II, paras. 115–116.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36432.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36765.
65