A/HRC/39/41
94.
On 1 June 2018 the Assistant Secretary-General for Human Rights wrote to the
Government expressing concern about the lack of assurances given to the SPT that those
interviewed or contacted during the visit would not face intimidation and reprisals for
cooperating with the SPT members and OHCHR Secretariat, and requesting information on
the welfare of the detainees involved in the visit. On 18 June 2018 the High Commissioner
for Human Rights expressed concern by the suspension of the visit, and called on Rwanda
to provide full cooperation so that the Subcommittee can fulfil its mandate. 23 On 27 June
2018 the Government responded to the Assistant Secretary-General that the SPT had “full
and unimpeded access to places of detention and detainees” and has put in place
“prevention and investigatory measures to respond to allegations of reprisals.” The
Government noted that it had underwent its own investigation into the conditions that led to
the suspension of the visit, including the allegations of reprisals, and found them without
base. The Government further referred to its letter of 23 October 2017 to the SPT which
noted that technical issues that arose during the five-day visit were resolved.
23.
Saudi Arabia
95.
It was reported that on 28 February 2018, Mr. Essa Al Nukheifi was sentenced to six
years in prison by the Specialized Criminal Court. Mr. Al Nukheifi is a human rights
defender with whom Mr. Philip Alston, the Special Rapporteur on extreme poverty and
human rights consulted in December 2016 during the preparations of his mission to Saudi
Arabia in January 2017. Mr. Al Nukheifi was also banned from travelling and using social
media for an equivalent amount of time after his release. He had been the subject of a
previous communication by four special procedures (SAU 2/2017) and there is concern that
his current detention is related to his cooperation with the Special Rapporteur and that he
expressed his willingness to meet with the mandate’s team. On 20 April 2017 the
Government replied that Mr. Al Nukheifi was arrested in December 2016 on criminal
charges and was afforded due process.
96.
In August 2017 Mr. Al Nukheifi was charged with “seeking to destabilise the social
fabric and national cohesion” (Royal Decree 16820 see para. 8), “communicating with, and
receiving money from foreign groups considered to be enemies of the state” (Royal Decrees
16820 and A/44) and “using a personal phone and the internet to store and transfer
information considered harmful to the public order” (article 6 of the Anti-Cyber Crime
Law, Royal Decree M/17). On 30 December 2016 Mr. Al Nukheifi had been transferred to
Mecca General Prison where he remains in detention. It is alleged that he does not have a
bed to sleep on and must sleep on the cold floor without any blanket, that he has been
repeatedly threatened with torture, and that he is not allowed to receive visits from his
family.
97.
On 1 June 2017 the Working Group on Arbitrary Detention issued an opinion about
Mr. Salim Abdullah Hussain Abu Abdullah (A/HRC/2017/10), who was arrested on
11 December 2014 without an arrest warrant and not provided with a reason for his arrest.
He was taken to Dammam Central Prison and held incommunicado for six months and
placed in solitary confinement. He was reportedly subjected to severe psychological and
physical torture, and forced to sign a statement he was not allowed to read beforehand. In
addition, some family members of Mr. Abu Abdullah were reportedly intimidated and
threatened. The Working Group considers the detention of Mr. Abu Abdullah to be
arbitrary and requested the Government to take steps to remedy the situation (see
A/HRC/WGAD/2017/10, para. 31-33). At the time of writing, more than three years after
his initial arrest, he has not been officially charged and, no court date has been set for a
trial. Since the opinion was issued, it has been reported that Mr. Abu Abdullah has
repeatedly been placed in solitary confinement for prolonged periods of time and been
denied regular contact with his family, as an act of reprisal for having his case considered
by the Working Group (see A/HRC/39/45, para. 28).
23
GE.18-13325
OHCHR, “Opening statement and global update of human rights concerns by UN High
Commissioner for Human Rights Zeid Ra’ad Al Hussein at 38th session of the Human Rights
Council,” 18 June 2018.
35