CAT/C/SAU/CO/2
has the power to order their release nor do they guarantee the right of persons deprived of
their liberty to have prompt access to independent medical assistance. The Committee is
further concerned at reports that officials do not respect the legal requirements for persons
deprived of their liberty to be promptly notified of the reasons for their detention and to
receive language assistance such as translation and interpretation. The Committee regrets
that the State party has not provided information on investigations into allegations that
persons deprived of their liberty were denied the right to access legal counsel, such as in the
case of Mohammad Salih al-Bajadi, a human rights defender and co-founder of the Saudi
Civil and Political Rights Association (art. 2).
15.
The State party should ensure both in law and in practice that all persons
deprived of their liberty are able to have prompt access to a lawyer of their choice, to
confer with their lawyer in confidence and to contact a family member or other
person of their choice to inform him or her of their detention and whereabouts from
the moment of deprivation of liberty. The State party should repeal provisions of the
Code of Criminal Procedure that allow investigators to restrict such communication
by persons deprived of their liberty, monitor the provision of legal safeguards against
torture to persons deprived of their liberty and discipline or prosecute officials who
fail to provide these safeguards to detainees in practice. The State party should also
ensure that detainees are informed of their rights and that they can exercise their
rights to request and receive a medical examination by an independent doctor,
preferably of their choice, to receive language assistance such as translation and
interpretation and to be presented promptly before a judicial authority who has the
power to order release from detention, if necessary.
Counter-terrorism law and the Specialized Criminal Court
16.
While recognizing the State party’s concern about protecting its population from
terrorist attacks, the Committee is concerned that the Penal Law for Crimes of Terrorism
and its Financing adopted in 2014 contains an extremely broad definition of terrorism that
would enable the criminalization of acts of peaceful expression considered as endangering
“national unity” or undermining “the reputation or position of the State”. The Committee is
particularly concerned about the decisions of the Specialized Criminal Court that sentenced
Alaa Brinji, a journalist, and Abdulkareem al-Khoder, co-founder of the Saudi Civil and
Political Rights Association, to imprisonment pursuant to this law. The Committee is
further concerned that the law allows the authorities to detain individuals for up to 90 days
without access to family members or legal counsel, which effectively deprives them of
crucial legal safeguards against torture.
17.
In addition, the Committee is concerned that the Specialized Criminal Court, which
was established in 2008 to try cases of terrorism, is insufficiently independent of the
Ministry of the Interior. The Committee notes the reports received that judges of the Court
have repeatedly refused to act on claims made by defendants facing terrorism charges that
they were subjected to torture or ill-treatment during interrogations for the purpose of
compelling a confession, including in the cases of Fadel al-Manasef, Ali al-Nimr, Dawoud
al-Marhoun and Abdullah al-Zaher (arts. 2 and 15).
18.
The State party should:
(a)
Consider revising the definition of terrorism in the Penal Law for
Crimes of Terrorism and its Financing so that its criminalization provisions are as
narrow as possible and cannot serve as a basis for prosecuting individuals engaged in
non-violent expression and advocacy, especially in defence of human rights;
(b)
Revise the law so that it does not facilitate the practice of
incommunicado detention and it ensures that all individuals deprived of their liberty
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