CAT/C/SAU/CO/2
have the right to prompt access to a lawyer of their choice and to contact a family
member to inform them about their arrest and whereabouts;
(c)
Strengthen the independence of the Specialized Criminal Court from the
Ministry of the Interior and ensure that judges are made aware of their obligation to
consider defendants’ allegations that they were subjected to torture or ill treatment by
investigators for the purpose of obtaining confessions and to consider confessions
found to have been obtained through torture or ill-treatment to be inadmissible as
evidence, except when such confessions are evidence in a case against the alleged
perpetrator of the torture or ill-treatment;
(d)
Review the convictions of Alaa Brinji and Abdulkareem al-Khoder to
establish whether they should be released from detention.
Reprisals against and harassment, intimidation and arrest of human rights defenders
and journalists
19.
The Committee is extremely concerned that the State party has refused to grant
operating licences to human rights organizations, which has resulted in the disbanding or
suspension of activities of groups, including the Saudi Arabian Civil and Political Rights
Association, the Adala Center for Human Rights, the Union for Human Rights and the
Monitor for Human Rights in Saudi Arabia. The Committee is also extremely concerned
about reports received that the State party has sought to punish individuals who have
reported on alleged human rights violations perpetrated by the State party’s officials or who
have objected to State policies on the grounds that they are inconsistent with human rights
principles, including Abdulkareem al-Khodr, Waleed Abu al-Khair, Omar al-Sa’id,
Abdulaziz al-Shobaily, Mohammed Saleh al-Bajady and Ra’if Badawi (art. 2).
20.
The State party should acknowledge the legitimacy of peaceful criticism and
advocacy related to violations of the Convention and consider reviewing the cases of
the above-mentioned individuals and releasing any individual detained solely for
peaceful criticism or human rights advocacy.
Independence of the judiciary
21.
The Committee is concerned about the reported lack of independence and
impartiality of the judiciary, which may hinder the full enjoyment of the rights enshrined in
the Convention. In particular, it is concerned about article 52 of the Basic Law, which
stipulates that judges shall be appointed and discharged by the King. While noting the
recent provisions to allow women to enter law school and to represent other women in
certain cases, the Committee regrets the absence of women in the judiciary (arts. 2, 12-13
and 16).
22.
The State party should ensure a fully independent and impartial judiciary in
conformity with international standards. In particular, the State party should reform
the judiciary to enable it to act effectively to address issues of impunity, victim redress
and due process in line with the Convention. The Committee calls on the State party
to make the judiciary more gender sensitive, including by ensuring the appointment of
women judges.
Coerced confessions
23.
The Committee is concerned that coerced confessions are admissible evidence in the
courts. The Committee remains concerned about the absence of specific provisions to
invalidate confessions obtained in violation of the Convention, including the reported
failure to investigate allegations of coerced confessions (art. 15).
5