A/HRC/22/53/Add.4
(c)
JUA 25/05/2012 Case No. SAU 8/2012 State reply: None to date Alleged arbitrary arrest
and torture in detention of a human rights lawyer.
120. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded
to this communication dated 25 May 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the alleged
arbitrary arrest and false charges brought against Mr. Ahmed El-Sayed likely as a result of
his legitimate work as a human rights lawyer, as well as the use of physical and mental
torture in detention. The Special Rapporteur expresses grave concern regarding the physical
and psychological integrity of Mr. Ahmed El-Sayed, particularly in light of the possible
imposition of the death penalty based on confessions obtained under torture. The Special
Rapporteur asserts that the use of confessions extracted under torture in judicial proceedings
is strictly prohibited under international law, reiterating article 15 of the Convention against
Torture, which provides that, “[e]ach 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.” With respect to Mr. El-Sayed‟s legitimate work as a human rights lawyer, we would
like to refer to Principle 16 of the Basic Principles on the Role of Lawyers, adopted by the
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders
held at Havana, Cuba, from 27 August to 7 September 1990, which provides that
“Governments shall ensure that lawyers (a) are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper interference; (b) are able
to travel and to consult with their clients freely both within their own country and abroad; and
(c) shall not suffer, or be threatened with, prosecution or administrative, economic or other
sanctions for any action taken in accordance with recognized professional duties, standards
and ethics.” With respect to the allegation of possible imposition of the death penalty, the
Special Rapporteur reiterates Safeguard 5 of the UN Safeguards Guaranteeing Protection of
the Rights of Those Facing the Death Penalty, which provides that “[c]apital punishment may
only be carried out pursuant to a final judgment rendered by a competent court after legal
process which gives all possible safeguards to ensure a fair trial, at least equal to those
contained in article 14 of the International Covenant on Civil and Political Rights, including
the right of anyone suspected of or charged with a crime for which capital punishment may
be imposed to adequate legal assistance at all stages of the proceedings.” Based on the
information provided, the Special Rapporteur concludes that the rights of Mr. El-Sayed under
the UN Convention against Torture have been violated, and calls on the Government of Saudi
Arabia to set aside any conviction based on evidence obtained under torture, and ensure that
Mr. El-Sayed obtains redress, including fair and adequate compensation, and as full
rehabilitation as possible. The Special Rapporteur urges the Government to undertake a
prompt and impartial investigation of the alleged acts of torture, leading to prosecution and
punishment of the perpetrators. Furthermore, the Special Rapporteur urges the Government if
it will not abolish the death penalty, to impose it only for the most serious crimes where it
can be shown that there was an intention to kill, which results in the loss of life, a crime that
Mr. El-Sayed is not alleged to have committed.
(b)
JUA 15/08/2012 Case No. SAU 10/2012 State reply: None to date Alleged torture and illtreatment while in detention, deteriorating health condition, and possible imposition
of the death penalty.
121. The Special Rapporteur regrets that the Government of Saudi Arabia has not responded
to this communication dated 15 August 2012, thereby failing to cooperate with the mandate
issued by the Human Rights Council. The communication referred to the alleged torture in
detention of Mr. Ahmed El-Sayed, a human rights lawyer, and his deteriorating condition
since his imprisonment. Mr. El-Sayed was the subject of an earlier urgent appeal; regrettably,
no reply has yet been received. The Special Rapporteur expresses grave concern regarding
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