A/HRC/48/28
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
115. 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).
116. 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.
117. The case of Ms. Samar Badawi was included in the 2020, 2019 and 2015 reports of
the Secretary-General231 on allegations of threats and interrogations following her statement
at the Human Rights Council in 2014. Ms. Badawi was arrested in July 2018 and appeared
for the first time before the Criminal Court in Riyadh on 27 June 2019, without legal
representation. Prosecutors have reportedly requested the maximum penalty under article 6
of the Cybercrime Law and pursued charges of “undermining public order, religious values,
good morals and private life” and “communicating with journalists, UN human rights bodies
and human rights organisations” and other groups described as “hostile to the state.”
118. On 2 June 2020 and 20 May 2021, special procedures mandate holders addressed Ms.
Badawi’s case. They expressed concern at her prolonged detention without sufficient legal
basis (SAU 8/2020) and reported that a trial session was scheduled on 25 November 2020,
the outcome of which remained unknown (SAU 3/2021). On 7 August 2020, the Government
responded stating that allegations are inaccurate and based entirely on unfounded and
unsubstantiated information; it provided information about Ms. Badawi’s conditions of
detention and access to medical care. 232 On 26 June 2021, Ms. Badawi was reportedly
released from prison following the completion of her sentence.
119. The case of Mr. Mohammad Fahad Al Qahtani, of the Saudi Association for Civil
and Political Rights (ACRPA), was included in the 2020, 2019, 2013 and 2012 reports of the
Secretary-General233 on allegations of interrogation, travel ban and sentencing to 10 years of
227
228
229
230
231
232
233
74
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35473.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26593&LangID=E.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26806&LangID=E.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36216.
A/HRC/45/36, Annex II, para. 112; A/HRC/42/30, Annex I, para. 91 and Annex II, para. 95;
A/HRC/30/29, para. 36.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35473.
A/HRC/45/36, Annex II, para. 114; A/HRC/42/30, Annex II, para. 92; A/HRC/24/29, para. 42;
A/HRC/21/18, paras. 35–37.