A/HRC/48/28
General.238 On 20 May 2021, special procedures mandate holders raised the case of Mr. Al
Harbi and other human rights defenders expressing concerns about their alleged arbitrary
detention and long prison sentencing as well as abuse and torture in connection to their work
(SAU 6/2021).
125. The case of Mr. Abdullah Al Hamid, of the Saudi Association for Civil and Political
Rights (ACPRA), which filed local lawsuits against the Ministry of Interior and reported
human rights violations to the Human Rights Council and to special procedures (SAU
5/2013), was included in the 2020 and 2013 reports of the Secretary-General. 239 Mr. Al
Hamid died in custody on 24 April 2020, while serving a six-year sentence of imprisonment
for, inter-alia, “disseminating false information to foreign groups” (A/HRC/WGAD/2015/38,
para. 76). In 2015, the Working Group on Arbitrary Detention had found his detention
arbitrary240 and urged his release.241
126. On 2 June 2020, special procedures mandate holders addressed the conditions under
which Mr. Al Hamid died in custody, expressing concern that the delay to Mr. Al-Hamid’s
treatment may have arbitrarily deprived him of his right to life. They noted that he was not
considered for early release in light of the COVID-19 pandemic, and telephone calls to his
family were heavily restricted since the spread of the virus (SAU 8/2020). They expressed
their deep concern at the lack of medical care from prison authorities and the allegations that,
instead of allowing Mr. Al-Hamid to stay in hospital to, inter alia, undergo the urgent surgery
ordered by the doctor, his operation had been delayed and he was forced to remain in prison
without access to appropriate medical treatment and care (SAU 8/2020).
127. On 24 July 2020, the Government responded, reiterating the legal framework under
which Mr. Al Hamid was sentenced and imprisoned 242 noting the restrictions imposed in
prisons due to the COVID-19 pandemic. The Government stated the restrictions were applied
equally, including that telephone calls to families were restricted due to the need to disinfect
the telephone after each use and for social distancing. The Government detailed the medical
examinations of Mr. Al Hamid, stated that the Human Rights Commission monitored the
case, and noted that prison administration is not involved in medical care of inmates. The
Government refuted the allegations that Mr. Al Hamid was denied medical care and stated
that an investigation confirmed Mr. Al Hamid denied naturally of a stroke.
24.
Thailand
128. The alleged enforced disappearance of Mr. Od Sayavong was included in the 2020
report of the Secretary-General. 243 Mr. Sayavong, a Lao refugee recognized by UNHCR
living in Bangkok and a former member of “Free Lao,” a group of Lao migrant workers and
human rights defenders in Thailand, had engaged with the Special Rapporteur on extreme
poverty and human rights prior to his visit in March 2019 (THA 8/2019; LAO 2/2019).
Special procedures mandate holders had urged the Government of Thailand to clarify the
steps taken to locate Mr. Sayavong, in particular given his refugee status. 244
129. On 11 December 2020, special procedures mandate holders addressed the reported
“lack of progress in the search and investigation” of this and other cases (THA 8/2020; LAO
4/2020). The mandate holders noted that, on 22 June 2020, Mr. Sayavong’s family were
invited by the Thai Department of Special Investigation to discuss the case and DNA of one
family member was collected. The case has been transferred to the Department of Special
Investigation (DSI) for investigation as no progress had been made in the case by the local
police in Beungkum Police Station. Members of his family expressed concern that Mr.
Sayavong’s fate and whereabouts continued to be unknown and noted that his case, which is
238
239
240
241
242
243
244
76
A/HRC/45/36, Annex II, para. 118; A/HRC/42/30, Annex II, para. 94.
A/HRC/45/36, para. 108 and Annex II, paras. 108-109; A/HRC/24/29, para. 32.
Opinion No. 38/2015 adopted by the Working Group on Arbitrary Detention at its seventy-third
session, concerning Abdullah Al-Hamid (Saudi Arabia), 31 August-4 September 2015, para. 69.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20886&LangID=E.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35473.
A/HRC/45/36, para. 83, Annex I, paras. 68-69.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25087&LangID=E.