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A/HRC/40/XX/Add.2 Advance Unedited Version A/HRC/40/XX/Add.2 Advance Unedited Version Distr.: General 6 June 2018 Original: English Human Rights Council Thirty-seventh session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism on his mission to Saudi Arabia GE. A/HRC/40/XX/Add.2 Contents Page I. Introduction ................................................................................................................................ 3 II. Terrorist attacks against Saudi Arabia ......................................................................................... 3 III. Legal framework ........................................................................................................................ 3 A. International framework ...................................................................................................... 3 B. National framework ............................................................................................................ 4 IV. Key human rights concerns ........................................................................................................ 5 A. Definition of terrorism under the counter-terrorism legislation ............................................ 5 B. Use of the counter-terrorism and state security related legislation to stifle dissent ................ 6 C. Unfair trials before the Specialized Criminal Court.............................................................. 8 1. Use of torture, coerced confessions and lack of accountability ..................................... 9 2. Lengthy pre-trial detentions and flawed investigations ................................................. 11 3. Lack of independence ................................................................................................ 12 4. Use of the death penalty following manifestly unfair trials ........................................... 12 D. Rehabilitation ..................................................................................................................... 14 E. Counter-terrorism operations in Yemen and Syria ............................................................... 14 V. Conclusions and Recommendations ............................................................................................ 16 2 A/HRC/40/XX/Add.2 I. Introduction 1. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, conducted an official visit to Saudi Arabia, from 30 April to 4 May 2017, at the invitation of the Government, to assess progress Saudi Arabia achieved in its law, policies and practice in the fight against terrorism, measured against international human rights law and standards. 2. The Special Rapporteur thanks the Government of Saudi Arabia for having extended an invitation to visit the country and he commends the transparency and the courteous, constructive and cooperative way in which the Government initiated and facilitated the visit, as well as his previous working-level visit in November 2016, both of which allowed a frank and open dialogue on most issues of concern. He also thanks the United Nations Office in Saudi Arabia for providing valuable support throughout the visit. 3. The Special Rapporteur thanks the heads of all governmental institutions that he met. He had the opportunity to hold exchanges of views about Government’s efforts in combating terrorism with the Minister of Justice, the President of the Bureau of Investigation and Public Prosecution, the General Director of the General Directorate of Investigation of the Ministry of Interior, the President of the Specialized Criminal Court, the Chairman of the National Society of Human Rights and the President of the Human Rights Commission. 4. The Special Rapporteur also had discussions with Chief of Police Station in Al Manar, and Directors and personnel of Al Hair and Dhahban prisons, as well as at the Mohammed Bin Naif Counselling and Care Centre. The Special Rapporteur’s team conducted interviews with individuals accused and convicted of terrorist crimes and met, although not privately, with representatives of families of victims of terrorist violence. 5. The Special Rapporteur shared his preliminary findings with the Government of Saudi Arabia at the end of his visit, on 4 May 2017. II. Terrorist attacks against Saudi Arabia 6. The Special Rapporteur was informed by the Government that over the past three decades Saudi Arabia has suffered high numbers of terrorist attacks by Al-Qaida and lately by ISIL and other groups against military and civilian targets. According to official records, there have been altogether 1075 terrorist plots identified in the country since 1987. The Special Rapporteur was informed that 844 of these were effective, many with devastating consequences, and that 231 plots were disrupted. A total of 3178 individuals were killed or injured as victims of terrorism over this period. The Special rapporteur was not in a position to verify these figures. Since 2011, the Government has also been facing protests in the key strategic Eastern Province, which is home for the country’s main oil production and where the majority of Saudi Arabia’s Shi’a population lives. Inspired by the Arab Spring, and facing ongoing repression, the Shi’a minority has started calling for reform. III. Elements of the legal Framework A. International Framework 7. Saudi Arabia is a party to some of the main international human rights conventions, including the Convention against Torture, the International Convention on the Elimination of Racial Discrimination and the Convention on the Rights of the Child, as well as some optional protocols.1 It is not party to either the International Covenant on Civil and Political Rights or to the Covenant on Economic Social and Cultural Rights. It is bound, however, by the relevant rules of international human rights law, which include the absolute prohibition of torture, the prohibition of the arbitrary deprivation of the right to life and of the prohibition 1 See A/HRC/WG.6/17/SAU/2. 3 A/HRC/40/XX/Add.2 of arbitrary deprivation of liberty, the fundamental principles of fair trial and due process, including the presumption of innocence and the principle of non-discrimination. These rights form part of customary international law. They are proclaimed in the Universal Declaration of Human Rights (UDHR) and are norms of jus cogens (peremptory norms of international law) from which no derogations are permissible. 8. Both international humanitarian law2 and international human rights law apply to Saudi Arabia’s recent extra-territorial operations in Syria and Yemen. International humanitarian law does not replace international human rights law in situations of armed conflict. Both regimes remain in force and are complementary.3 B. National framework 9. Saudi Arabia is an Islamic state. It is a theocracy, whereby all source of authority derives from God. Its judicial system is based on Islamic law (Shari’ah) for both criminal and civil cases. At the top of the legal system is the King, who acts as the final court of appeal and as a source of pardon. The court system consists of three divisions. The Shari’ah Courts hear most cases, in three jurisdictions: The Court of First Instance, the Court of Cassation, and the Supreme Judicial Council. In addition to the regular Shari’ah courts, the Board of Grievances hears cases that involve government. The court system is supplemented by various quasi-judicial committees within government ministries that address specific disputes, such as labour issues. In April 2005, a reorganisation of the judicial system began, which was approved by Royal Order on October 1, 2007. Changes included the establishment of a new Supreme Court and special commercial, labour and administrative courts. 10. The Basic Law of Governance provides that “the Kingdom of Saudi Arabia is a sovereign Arab Islamic State with Islam as its religion; God’s Book and the Sunnah of his prophet, God’s prayers and peace be upon him, are its constitution”.4 Accordingly, the Shari’ah provides the basis of governance and characterizes the State as well as its relationship with its citizens. While the Kingdom has ratified several core human rights treaties, is a current member of the United Nations Human Rights Council (HRC), and has a substantial Human Rights Department within the Ministry of Islamic Affairs, it often puts forward the Shari’ah, or divine law, its culture and the Islamic character of the State as impediments to full implementation of international human rights standards. 11. Government sources placed emphasis on Saudi Arabia’s commitment to international co-operation and mutual legal assistance in countering terrorism, and its efforts to stem the flow of terrorist financing. The extent to which such legislation is effectively implemented is open to question. The Special Rapporteur commends the efforts of the Government to alleviate the suffering of the victims of terrorism through comprehensive programs involving financial, psychological, educational, career opportunities and moral support. Financial, housing and psycho-social support for the victims of terrorism and their families is an essential part of an integrated counter-terrorism strategy.5 12. Saudi Arabia’s first counter-terrorism legislation,
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