A/HRC/28/68/Add.1
Government of Saudi Arabia to refrain from executing her and strongly urges the
Government to refrain from, and abolish, the practice of executions.
(c)
JUA 24/04/2014 Case No. SAU 5/2014 State Reply: None to date Allegations of arbitrary
detention and ill-treatment in detention of Mr. Waleed Abu Al-Khair.
464. The Special Rapporteur regrets that the Government of Saudi Arabia has not replied
to the present communication, thereby failing to cooperate with the mad ate issued by the
Human Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention Against Torture (CAT).
465. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment defined solitary confinement, in accordance with the Istanbul Statement on the
Use and Effects Solitary Confinement, as the physical and social isolation of individuals
who are confined in their cells for 22 to 24 hours a day. He observed that while solitary
confinement for short periods of time may be justified under certain circumstances, with
adequate and effective safeguards in place, the use of prolonged or indefinite solitary
confinement may never constitute a legitimate instrument of the State and is running afoul
the absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. Furthermore, due to the prisoner’s lack of communication, as well as the lack
of witnesses inside the prison, solitary confinement may also give rise to other acts of
torture or ill-treatment.
466. In the absence of information to the contrary, the Rapporteur finds that Mr. Al-Khair
has been detained for his human rights advocacy, held in solitary confinement, deprived of
contact with lawyers and family and subjected to sleep deprivation. By failing to prevent
the arbitrary detention, solitary confinement and ill treatment of Mr. Al-Khair the
Government of Saudi Arabia violates his right to be free from torture or cruel, inhuman or
degrading treatment, as provided by articles 1 and 16 of the CAT. With regards to the
present case, the Special Rapporteur recalls that these practices have been authoritatively
deemed to breach a State’s obligations under international law, inter alia, in paragraph 6 of
General Comment No. 20 of the Human Rights Committee and in article 7 of the Basic
Principles for the Treatment of Prisoners (Adopted by the General Assembly by resolution
45/111 of 14 December 1990).
(d)
JUA 05/05/2014 Case No. SAU 6/2014 State Reply: None to date Allegations concerning
the verdict against Fadhel Maki Al Manasif to 15 years imprisonment, subsequent 15year travel ban and a fine of 100,000 Saudi Riyals (about 26,700 USD).
467. The Special Rapporteur regrets that the Government of Saudi Arabia has not replied
to the present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13, and to comply with its obligation, under
international customary law, to investigate, prosecute and punish all acts of torture and
other cruel, inhuman or degrading treatment or punishment, as codified, inter alia, in the
Convention against Torture (CAT). He notes that the Government had similarly failed to
respond to an Urgent Action sent in 2011 regarding allegations to physical and
psychological torture against Mr. Al Manasif, a human rights defender.
468. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Saudi Arabia, by failing to protect the physical and
psychological integrity of Mr. Al Manasif during his detention, has violated his right to be
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