SAU 001 /
1013 / OBS 083
Judicial
harassment /
Threat to
personal liberty
Saudi Arabia
October 10,
2013
The
Observatory for the Protection of Human Rights Defenders, a joint programme of
the International Federation for Human Rights (FIDH) and the World Organisation
Against Torture (OMCT), requests your urgent intervention in the following
situation in Saudi Arabia.
Brief
description of the situation:
The
Observatory was informed of the recent confirmation of the conviction of two
Saudi Arabian women's rights defenders, Ms. Wajiha Al-Huwaider and Ms. Fawzia
Al-Uyuni, sentenced to ten months imprisonment and a two-year travel ban.
According
to information received, on June 15, 2013, following months of interrogation and deprivation of
their liberty and freedom of movement, Ms. Wajiha Al-Huwaider and Ms. Fawzia
Al-Uyuni were convicted and sentenced by the Criminal Court in Al-Khubar to 10
months in prison followed by a two-year travel ban. The two filed an appeal, but
on September 15, 2013, the Court of Appeal in Dammam upheld the first instance
judgement.
The activists are currently awaiting the official notice of
their conviction and sentence, in order to file a further appeal before the
Court of Cassation. At the time of writing, they were not in detention.
Both
activists were arrested on June 6, 2011 by security forces while on their way to visit a
Canadian woman married to a Saudi national, who reported that she was being
abused. The woman had published calls for help on her blog and sent a text
message to the activists informing them that her husband had locked her up in
the house with her children, without food, for five days while he was away. The
husband alleged that the activists were helping his wife and children to flee
the country, although he did not make a formal complaint, and was with the
security forces at the time of the arrest.
Ms. Wajiha Al-Huwaider and Ms. Fawzia Al-Uyuni were
subsequently tried before the Criminal Court in Al-Khubar, on charges of with
kidnapping. However, when they requested that the alleged victim be allowed to
testify, the court substituted the charge of kidnapping with that of takhbib,
a Sharia law offence of inciting a wife to defy the authority of her husband or
inciting a slave/servant to defy the authority of his/her master. The court refused to allow
the defendants to call witnesses, including the alleged victim and social
workers familiar with her case.
The Observatory expresses deep concern at the conviction
and sentencing of Ms. Wajiha Al-Huwaider and Ms. Fowzia Al-Oyuni, which seems
to be aimed at preventing their legitimate and peaceful human rights activities
in Saudi Arabia. The Observatory also expresses concern at the above-mentioned
fair trial irregularities, including the refusal to hear the crucial testimony
of witnesses. Furthermore, the offence of takhbib is contrary to
international human rights standards and in particular, the Convention on the
Elimination of All Forms of Discrimination against Women, ratified by Saudi
Arabia in 2000.
Actions
requested:
Please write
to the authorities in Saudi Arabia asking them to:
- Guarantee in all circumstances the physical and psychological integrity of Ms. Wajiha Al-Huwaider and Ms. Fawzia Al-Uyuni as well as all human rights defenders in Saudi Arabia;
- Quash the conviction and sentencing of Ms. Wajiha Al-Huwaider and Ms. Fowzia Al-Oyuni, which only serves to prevent them from carrying out their legitimate and peaceful women's rights work;
- Release unconditionally and/or refrain from arresting and detaining Ms. Wajiha Al-Huwaider and Ms. Fawzia Al-Uyuni;
- Refrain from any acts of harassment and intimidation, including at judicial level, against them as well as against all human rights defenders in Saudi Arabia;
- Comply with all the provisions of the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998; in particular with its:
-
Article 1, which provides that
“everyone has the right, individually and in association with others, to
promote and to strive for the protection and realization of human rights and
fundamental freedoms at the national and international levels”;
-
Article 6(a), which foresees that
“everyone has the right, individually and in association with others, to
participate in peaceful activities against violations of human rights and
fundamental freedoms”;
-
Article 12.2, which provides that
“the State shall take all necessary measures to ensure the protection by the
competent authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence of his
or her legitimate exercise of the rights referred to in the present
Declaration”;
- Abolish the offence of takhbib and all other discriminatory laws and implement all recommendations issued by the UN CEDAW Committee in February 2008;
- More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights, ratify international and regional human rights instruments and harmonise its domestic law with international human rights instruments.
Addresses:
- His Majesty, King Abdullah bin Abdul Aziz Al Saud, King
of Saudi Arabia and Custodian of the two Holy Mosques -Office of His Majesty the King Royal Court, Riyadh Kingdom
of Saudi Arabia Fax: (via Ministry
of the Interior) +966 11 403 3125
- His Excellency, Shaykh Dr Mohammed bin Abdulkareem
Al-Issa, Minister of Justice - Ministry of Justice, University Street, Riyadh 11137, Kingdom of Saudi Arabia
Fax: + 966 11 401 1741 + 966 11 402 0311
- His Royal Highness, Prince Mohammed bin Naif bin Abdul
Aziz Al Saud, Minister of Interior -Ministry of the Interior, P.O. Box 2933,
Airport Road, Riyadh 11134 Kingdom of Saudi Arabia Fax: +966 11 403 3125
- His Excellency Ambassador Abdulwahab Abdulsalam Attar, Permanent Mission
of the Kingdom of Saudi Arabia to the United Nations Office and other
international organisations in Geneva, Route de Lausanne 236, 1292 Chambésy,
Fax. +41 22 758 00 00, Email : saudiamission@bluewin.ch
Please also
write to the diplomatic representations of Saudi Arabia in your respective
countries.
***
Paris-Geneva,
October 10, 2013
Kindly
inform us of any action undertaken quoting the code of this appeal in your
reply.
The
Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human
Rights Defenders and aims to offer them concrete support in their time of need.
To contact
the Observatory, call the emergency line:
·
Tel and fax FIDH + 33 1 43 55 25 18
/ +33 1 43 55 18 80
·
Tel and fax OMCT + 41 22 809 49 39 /
+ 41 22 809 49 29
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