The case of Mr. Essa Al Nukheifi, a human rights defender, was included in the 2018 report of the Secretary-General (A/HRC/39/41, para. 65 and Annex I, paras. 95–96, 98) regarding charges, imprisonment, and bans on travel and the use of social media for cooperation with the visit of the Special Rapporteur on extreme poverty and human rights to Saudi Arabia in January 2017 (SAU 2/2017). 153 On 8 April 2019, Al Nukheifi requested to be transferred to Jizan prison to be able to see his family, but his request was reportedly denied.

115. The case of Mr. Essa Al Nukheifi, 78 a human rights defender, was included in the 2019 and 2018 reports of the Secretary-General (A/HRC/42/30, para. 74 and Annex II, para. 93; A/HRC/39/41, para. 65 and Annex I, paras. 95–96, 98) following his six-year sentence of imprisonment, with a six-year travel and social media ban upon release, for cooperation with the visit of the Special Rapporteur on extreme poverty and human rights to Saudi Arabia in January 2017 (SAU 2/2017). 79 In its November 2019 opinion, the Working Group on Arbitrary Detention stated that Mr. Al Nukheifi was being detained arbitrarily (A/HRC/WGAD/2019/71, paras. 76, 83, 90, 95), and raised particular concern about the Government’s reprisals against Mr. Al Nukheifi for his consultation with the Special Rapporteur on extreme poverty (para. 93). The Working Group called on the authorities to ensure his immediate release and provide him compensation and other reparations (para. 100). 80
116. On 8 April 2019, Mr. Al Nukheifi requested to be transferred from Mecca General Prison, where he was being held, to Jizan prison to be able to see his family, including his 80-year-old mother, which was denied. In August 2019, Mr. Al Nukheifi was instead transferred to Al Ha’ir prison in Riyadh, reportedly for a re-trial. It was reported to OHCHR that this trial would not proceed. Information from July 2019 suggested that Mr. Al Nukheifi has allegedly been subjected to on-going ill-treatment, including being stripped of his clothes and having his hands and feet shackled (A/HRC/WGAD/2019/71, para. 11).

In its response of 18 September 2019 to the Working Group’s questions, the Government stated that Mr. Al-Nukheifi and Mr. Al-Hamid were duly arrested, tried and convicted in accordance with domestic laws and procedures (A/HRC/WGAD/2019/71, para. 56).

121. The case of Mr. Essa Al Nukheifi, a human rights defender and anti-corruption activist, was included in the 2020, 2019 and 2018 reports of the Secretary-General 235 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 Nukheifi’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.
122. According to information received by OHCHR, between 6 and 14 March 2021, Mr. Al Nukheifi joined other prisoners in a hunger strike in protest over harassment, included being denied family contact and access to books and newspapers. On 11 March 2021, he was reportedly transferred to hospital as a result of the hunger strike. On 20 May 2021, special procedures mandate holders raised the case of Mr. Al Nukheifi and other human rights defenders expressing concerns about the alleged arbitrary detention and long prison sentencing as well as abuse and torture in connection to their work (SAU 6/2021).

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.

132. The case of Mr. Essa Al Nukheifi, a human rights defender and anti-corruption activist, was included in the reports of the Secretary-General since 2018,163 following his sixyear prison sentence, with a six-year travel and social media ban upon release, for his cooperation with the Special Rapporteur on extreme poverty during a visit to Saudi Arabia in January 2017 (SAU 2/2017). In November 2019, the Working Group on Arbitrary Detention stated that Mr. Al Nukheifi’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. On 30 November 2022, special procedures mandate holders addressed Mr. Al Qahtani’s and Mr. Al-Nukehifi ongoing detention past the expiry of their sentences of 10- and 6-years imprisonment respectively and their lack of access to legal counsel. They also raised concerns over the alleged ill treatment in detention of Mr. Al Qahtani, including attacks by co-detainees in May 2022 and October 2022 and the lack of contact with his family. (SAU 10/2022) On 30 January 2023, the Government responded to special procedures mandate holders noting his access to the necessary medical care, denied allegations of beatings from inmates and clarified that both Mr. al-Qahtani and Mr. Al-Nukeifi were charged with a number of criminal offences, including inciting others to commit criminal offences within prison, and that investigation by the Public Prosecution Service was ongoing, hence their continued detention.164