A/HRC/25/60/Add.2
Saudi Arabia
(a)
JUA 11/01/2013 Case No. SAU 2/2013 State Reply: 19/01/2013 Alleged execution of
Rizana Nafeek, a 17 year old Sri Lankan domestic worker, who was charged with murder
for killing a baby in her care in 2005.
128. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated
19 January 2013, to this communication in reference to the alleged execution of Rizana
Nafeek, who allegedly committed murder when she was 17 years old. She was convicted
and sentenced to capital punishment. During the trial, it is reported that she did not have
access to a translator to enable her to explain the circumstances that led to the child’s death,
and signed a confession under duress. In its reply, the Government of Saudi Arabia
explained the legal protections guaranteed to Ms. Nafeek, but did not address whether she
received translations or signed a confession under duress. The reply also contained facts
surrounding the murder and used her passport as confirmation that she was 21 years old
when she committed the crime. Although the Special Rapporteur appreciates the reply, he
reminds the Government of Saudi Arabia that article 15 of the Convention against Torture,
which Saudi Arabia acceded on 23 September 1997, provides that, “Each State Party shall
ensure that any statement which is established to have been made as a result of torture shall
not be invoked as evidence in any proceedings, except against a person accused of torture
as evidence that the statement was made.” The Special Rapporteur also reiterates that
paragraph 7c of Human Rights Council Resolution 16/23 urges States “To ensure that no
statement established to have been made as a result of torture is invoked as evidence in any
proceedings, except against a person accused of torture as evidence that the statement was
made, and calls upon States to consider extending that prohibition to statements made as a
result of cruel, inhuman or degrading treatment or punishment, recognizing that adequate
corroboration of statements, including confessions, used as evidence in any proceedings
constitutes one safeguard for the prevention of torture and other cruel, inhuman or
degrading treatment or punishment.” The Special Rapporteur urges that all rights to a fair
trial are granted to the accused, and torture is not used as a means of obtaining
incriminating evidence in trial. The Special Rapporteur finds that the passport of an
immigrant is not persuasive on the evidence of having reached adulthood and the judicial
authorities had a duty to establish Ms. Nafeek’s age beyond a reasonable doubt, in order to
comply with Art. 6 of the Convention on the Rights of the Child and with the prohibition of
applying the death penalty to minors, a rule of customary international law. Under the
circumstances, the Special Rapporteur finds that Saudi Arabia has violated the right to life
and physical integrity to Ms. Rizana Nafeek.
(b)
JUA 04/03/2013 Case No. SAU 3/2013 State Reply: 30/04/2013 Alleged imminent risk of
execution of seven individuals who were forced to confess to their crimes through
torture.
129. The Special Rapporteur thanks the Government of Saudi Arabia for its reply, dated
30 April 2013, to this communication in reference to the alleged death sentence being
applied against Messrs. Sarhan b Ahmad b Abdullah Al Mashaikh, Saeed b Hassan b.
Ahmad Al Omari Al Zahrani, Ali b. Mohamed b. Hazzam Al Shahri, Nasser b Saeed b
Saad Al Qahtani, Saeed b. Nasser b Mohamed Al Yaala Al Shahrani, Abdulaziz b Saleh b
Mohamed Al Amri, and Ali b Hadi b Saeed Al Qahtan for an unsubstantiated claim that
they conspired to organize a criminal group to commit armed robbery and raiding jewelry
stores. It is reported that the seven individuals did not know each other before being
arrested so it was not possible for them to have conspired. Allegedly, the seven individuals
were tortured under various methods. They were reportedly forced to stand for long hours
in pre-trial detention and told that if they did not confess to the crime their families would
be harmed. They were denied sleep and warm clothing in their cell and allegedly given
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