A/HRC/51/47
136. On 13 July the Government responded to the note verbale sent in connection to the
present report and noted that it had responded to previous reports and appeals clarifying the
facts relating to the cases included. It also noted that it had refuted the claims and allegations
contained therein, and demonstrated that the principle of legality was observed and that all
legal procedures were followed. The Government indicated that those responses should be
taken into account. It underlined that the judiciary enjoys complete independence in the
exercise of its functions, meaning that it operates impartially and without external influence.
137. 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.
138. Regarding Mr. al-Harbi, the Government informed that he was convicted of
committing several offences with a view to undermining public order, as well as committing
offences punishable under the Countering Cybercrime Act. He was sentenced to a term of 10
years imprisonment and handed a travel ban of similar length that went into effect after the
end of the prison sentence. Concerning Mr. Nakhifi, the Government informed that he was
convicted of committing several offences that undermine national security, as well as
committing offences punishable under the Countering Cybercrime Act. He was sentenced to
a term of 6 years imprisonment and handed a travel ban of similar length that went into effect
after the end of the prison sentence.
139. 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.
140. The Government informed the individuals above were not victims of enforced
disappearance, they were held in designated and known detention facilities, enjoyed
visitation rights and were able to communicate periodically and on an ongoing basis. They
were tried for punishable offences, not for communicating with various United Nations
human rights mechanisms. The Government noted that the laws of country guarantee the
right of freedom of opinion and expression unless the exercise of that right results in a breach
of the law or exceeds the bounds applicable to society and its members or its precepts.
141. The Government informed that the travel bans imposed on these individuals were
handed down pursuant to judicial orders. The concerned individuals were able to challenge
those orders before the Court of Appeal and the Court upheld the orders. The Government
stated that the Human Rights Commission followed up on the cases above and found that the
actions taken against them were sound. It verified that the applicable human rights laws and
regulations were observed. In addition, the Commission did not find any indication that any
of their rights had been violated.
24.
Sri Lanka
142. The case of Ms. Sandya Ekneligoda was included in the 2019 report of the SecretaryGeneral183 on allegations of harassment, including online attacks, in reprisal for her efforts to
seek the truth about the fate and whereabouts of her husband, disappeared journalist Mr.
Prageeth Ekneligoda, including her engagement with the United Nations Working Group on
183
66
A/HRC/42/30, para. 75, Annex I, para. 97.