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Saudi Arabia
1437. By letter dated 12 October 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received information concerning Ms. Mwanamkasi Mwimjanga, a domestic worker in Dar es Salaam, United Republic of Tanzania. According to the allegations received, on 4 July 2004, she was raped by her employer, a Saudi diplomat (whose name is known to the Special Rapporteurs) at his home in Dar es Salaam. Ms. Mwimjanga suffered several injuries and was taken to a local hospital for treatment where a doctor confirmed that she had been raped. On 9 July 2004, the police reportedly arrested the diplomat at Dar es Salaam International Airport while he was trying to leave the country. Attempts were made by Ms. Mwanamkasi’s lawyer, the Ambassador of Saudia Arabia, and officials of the Ministry for Foreign Affairs and International Cooperation to try to settle the matter. However, the Government of Saudia Arabia declined to waive the perpetrator’s diplomatic immunity so he could be prosecuted in Tanzania and he returned to Saudia Arabia. The perpetrator is said to be in custody in Saudia Arabia and it is reported that he will be prosecuted for this crime. Nevertheless, concerns have been expressed that the perpetrator may escape prosecution and the victim may not receive compensation.
Urgent appeals
1438. On 1 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Hussain Ali Rdaish Aldwaice, a 38-year-old employee of the Saudi Telecommunication Company in Najran. According to the allegations received, he was arrested on 23 December 2003, at work, by secret police officers. They searched his office and confiscated documents and equipment. They then drove him to their headquarters, where they interrogated him. Mr. Aldwaice was tortured by being hung from posts and ceilings with steel wires, and deprived of sleep for three to four days in a row. He is suffering from liver disease and was deprived of his medicine. Mr. Aldwaice is being kept in detention without charge and has had no access to a lawyer since his arrest.
1439. On 19 March 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Matrouk al- Falih, a professor of political science at King Sa’ud University, Abdullah al-Hamid, former professor of contemporary literature at Imam Muhammad bin Sa’ud University, Muhammad Sa’id Tayyab, retired journalist, Jeddah, Tawfiq al-Qussayyir, professor of electronics at King Sa’ud University, Suleyman al-Rashudi, retired lawyer, Riyadh, Najib Al Khunaizi, Qateef, Khalid Al-Hameed, Riyadh, Amir Abu Khamsin, Al Hasa, Ali Al Dumaini, Adnan Al Shikes, and Abdulkarim Al Juhaiman, all from Riyadh. According to the allegations received, on 15 March 2004, these persons were arrested by the Mabahith (secret police), apparently for criticizing the government-appointed National Commission on Human Rights as lacking independence, and for planning to set up their own "Saudi Independent Human Rights Committee". They have been accused by the authorities of issuing "statements which do not serve the unity of the country and the cohesion of society". These persons are held incommunicado at the General Intelligence (al-Mabahith al-’Amma) in ‘Ulaysha, Riyadh. Three detainees were released on 16 March, although their names are not yet known.
1440. On 26 April 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders concerning Matrouk al-Falih, Abdullah al-Hamid, Muhammad Sa’id Tayyab, Tawfiq al-Qussayyir, Suleyman al-Rashudi, Najib Al Khunaizi, Khalid Al-Hameed, Amir Abu Khamsin, Ali Al Dumaini, and Adnan Al Shikes (cited in a previously transmitted communication, above), and Hamad Al-Kanhel and Abdul-Rahman Alahim. According to the allegations received, between 17 and 29 March 2004, 9 of the 12 people listed above were released after they were forced to sign a pledge to end their participation in any political or human rights activities and to stop calling for reforms in the Kingdom. Matrouk al-Falih, Abdullah al-Hamid and Ali Al Dumaini are believed to remain in incommunicado detention because of their refusal to sign this pledge. To date, no charges have been filed against them and they have been denied access to their lawyers since their arrest.
1441. By letter dated 12 August 2004 the Government informed that Matrouk al-Falih, Muhammad Sa’id Tayyib, Suleyman al-Rashudi, Abdullah al-Hamid, Tawfiq al-Qusayyir and Ali al-Dumaini were arrested for holding a number of suspicious meetings. Following an investigation, they were charged with engaging in acts that inter alia justified terrorism, encouraged violence and incited civil disturbance. Orders were issued for the release of Muhammad Sai’id Tayyib and Suleyman al-Rashudi on 28 and 29 April, and for the release of Tawfiq al-Qusayyir on 27 March 2004 after they admitted the misguided nature of their acts, apologized and requested that criminal proceedings agains t them be dropped. The investigation of Matrouk al-Falih, Abdullah al-Hamid and Ali al-Dumaini showed that they were responsible for organizing the meetings. The accusations against them were found to be substantiated and they were referred to the courts for judgement. All the accused have enjoyed the rights guaranteed to them under the Code of Criminal Procedure, including the right to have the charges against them heard by a court of law, and their trial, at a first public hearing attended by their lawyers in which the Public Prosecutor read out the indictment against them, started on 9 August 2004. The second hearing is scheduled for 23 August.
1442. On 8 June 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention regarding Mazen Saleh bin Mohammed al-Hussein al-Tammimi, aged 30. According to the allegations received, he is held in incommunicado detention in the offices of the General Intelligence Service (al-Mabahith al-’Amma) in the town of Damman. On 31 May 2004, he was arrested at his family home in Damman, along with his wife and his four children. The members of his family were released the following day.
1443. On 13 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression regarding Muhanna bin Abdul ‘Aziz al-Hubail, aged 41. According to the allegations received, on the evening of 6 October 2004, he was arrested by members of the General Investigation Directorate in al-Ihsa. He is detained incommunicado.
1444. On 30 November 2004, the Special Rapporteur sent a joint urgent appeal with the
Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special
Rapporteur on the human rights of migrants and the Special Rapporteur on the independence
of judges and lawyers regarding Abbas Majood Akanni, Murtala Amao Oladele, Abbas
Azeez Oladuni, Nurudeen Owoalade, Nurudeen Sani, Mohammed Abdulahi Yussuf,
Wahid Elebyte, Ahmed Abbas Alabi, Suliamon Olyfemi, Mafiu Obadina, Samiu Hamud
Zuberu, Kasim Afolabi Afolabi, and Abdullamim Shobayo, all Nigerian nationals and
migrant workers residing in Jeddah, aged between 20 and 30. According to the allegations
received, they were among hundreds detained in Jeddah on 29 September 2002 after a
policeman was killed in a fight between local men and African nationals. All the other men
arrested on that occasion have been deported, including 21 who served prison sentences
ranging from six months to two years and flogging. Subsequent to their arrest, the 13 Nigerian
nationals were tortured and ill-treated, including being hung upside down and beaten and
subjected to electric shocks to the genitals. Since their arrest over two years ago, the men have
not had access to lawyers or consular assistance. Moreover, translators were present on only
two of the four previous court appearances, and all proceedings and court documents are in
Arabic. On 22 November 2004, a hearing in the case of the 13 men took place before three
judges in a closed session, without the assistance of a lawyer, a consular representative or
adequate translation facilities. They could not fully understand the proceedings, which were
conducted in Arabic, and were unable to fully understand whether the hearing concerned the
prolongation of their detention or constituted their trial. According to the information
received, if the policeman killed on 29 September 2002 had children (which is unknown), and
if the 13 Nigerians are sentenced to death, they will remain in prison until these children reach
the age of 18, when they can accept or reject the payment of diya (blood money) in place of
the death penalty. Otherwise, the 13 would be at risk of imminent execution.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.