URGENT APPEAL The Case of Raif Badawi

To the attention of: Special Procedures, Human Office of the High Commissioner

May 1, 2019

Related mandates Arbitrary Detention of opinion and expression Freedom of peaceful assembly and of association Human rights defenders Torture Victims Name: Raif Badawi ​ Type: Individual ​ Sex: Male ​ Date of birth: 13/01/1984 ​ Nationality: ​ Affiliation or activity: Human rights-related activity ​ Submitted by Name: The Raoul Wallenberg Centre for Human Rights & The Human Rights Foundation ​ Type: NGOs ​ Email: [email protected] ​

Describe the activities of the group/community, civil society or other entity:

The Raoul Wallenberg Centre for Human Rights (RWCHR) is a unique international consortium of parliamentarians, scholars, jurists, human rights defenders, NGOs, and students united in the pursuit of justice, inspired by and anchored in Raoul Wallenberg’s humanitarian legacy – how one person with the compassion to care and the courage to act can confront evil, prevail, and transform history. Our Chair, the Honourable Professor , serves as Raif Badawi’s international legal counsel and has power of attorney.

The Human Rights Foundation (HRF) is a nonpartisan nonprofit organization that promotes and protects human rights globally, with a focus on closed societies. HRF unites people in the common cause of defending human rights and promoting .

Contact persons of the group/community, civil society or other entity: Irwin Cotler- Raoul Wallenberg Centre for Human Rights. Email: [email protected] Céline Assaf Boustani – Human Rights Foundation Email: [email protected] Disclosure Does the alleged victim agree to have his name disclosed in a letter that may be sent to the Government, or others, such as intergovernmental organisations including United Nations entities, businesses, military or security companies? Yes ​ Does the alleged victim agree to have his name appear in a public report to the Human Rights Council? Yes ​ Please confirm that the victim, or the victim's family, or the victim's legal representative is in agreement that the case can be dealt with through the regular procedure of the Working Group. Yes ​ The identity and the details of the victim's case can be communicated to the Government concerned. Yes ​ The identity of the victim can be published in the communications report to the UN Human Rights Council. Yes ​

Case details Country where the incident allegedly occured/is occuring/might occur: Saudi Arabia ​

District: ​

Short chronological summary of the incident: In 2006, Raif Badawi launched an online forum called “Saudi Arabian Liberals,” to encourage discussion of social issues in Saudi Arabia. In March 2008, Mr. Badawi was arrested and released twice under the Anti-Cyber Crime Law, which criminalizes the production of material impinging on public order and religious values. In early 2009, authorities imposed a travel ban on him and froze his bank accounts. In 2011, a well-known Saudi sheikh, Abdul-Rahman al-Barrak, issued a fatwa against Mr. Badawi. On June 17, 2012, Mr. Badawi was arrested, and authorities shut down his website shortly thereafter. On December 17, 2012, Jeddah Criminal Court Judge Muhammad al-Marsoom prevented Mr. Badawi’s lawyer, Waleed Abu al-Khair, from representing his client, and recommended Mr. Badawi be tried for , which carries the death penalty. The apostasy charge was dropped after Mr. Badawi demonstrated to the court on July 24, 2013 that he is, in fact, a Muslim. On July 29, 2013, Mr. Badawi’s lawyer was again barred from the court, and Judge Fares Al-Harbi sentenced Badawi to 600 lashes and 7 years in prison. The case was eventually sent back to the criminal court, which convicted Mr. Badawi on May 7, 2014 for a blog post about Valentine’s Day and comments on his Facebook page supporting freedom of expression, his conception of , and women’s rights. The court significantly increased his sentence to 10 years in prison, 1000 lashes, a 1 million riyal fine and a 10-year ban on travel and all journalistic activity. The court ordered the 1000 lashes to be inflicted every Friday in rounds of 50 lashes in front of the public after prayers at Al-Jaffali mosque in Jeddah. On September 1, 2014, the Court of Appeals upheld the sentence. On January 9, 2015, Mr. Badawi was lashed 50 times in public before hundreds. After an international outcry, Saudi authorities suspended the remaining lashes, citing medical reasons. On June 7, 2015, per the King’s request, the Supreme Court reviewed and upheld Mr. Badawi’s final sentence.

Mr. Badawi was ultimately targeted due to his peaceful promotion of human rights. He was arrested and convicted for founding a website dedicated to educating civil society of their rights and duties, and promoting open dialogue on a wide variety of issues, such as human rights, freedom of expression, tolerance, the concept of liberalism and the influence of religion on politics. He was also convicted for his online posts supporting freedom of expression, his conception of liberalism, and women’s rights. Moreover, the Anti-Cyber Crime Law has been increasingly invoked by authorities to arrest and detain individuals for their human rights work like Mr. Badawi.

Has the incident been reported to the relevant authorities? Yes ​

Please include details of any complaints filed or any other action taken by the alleged victim or anyone else on their behalf?

In terms of domestic remedies sought, Badawi’s lawyer, Waleed Abu al-Khair, successfully appealed the initial July 29, 2013 sentence, arguing that the judge was temporary and not impartial since he publicly insisted that Badawi be charged with “apostasy” prior to his assignment to the case. As a result, on December 11, 2013, the Court of Appeal reversed the lower court decision and sent the case back to the Criminal Court to be reviewed again, which later delivered a much harsher sentence on May 7, 2014. Regarding international remedies sought, on September 4, 2015, the WGAD concluded that Badawi’s deprivation of is arbitrary within categories II and III as established by WGAD and requested that the government take the necessary steps to remedy the situation and bring it in conformity with the standards and principles of international norms. In December 2016, a clemency appeal by Badawi’s international legal counsel, the Honourable Professor Irwin Cotler, was hand-delivered to the , Salman bin Abdulaziz Al Saud, who raised several concerns. In March 2018, the clemency appeal was hand-delivered to the Crown Prince, , who raised several remaining concerns, including that Badawi’s father opposes his release and how to distinguish Badawi’s release on free expression grounds from those imprisoned for extremism. The clemency appeal was then revised, demonstrating that Badawi’s opinions were peaceful and moderate, as opposed to those of extremists; Badawi’s father has no legal standing in this case as the criminal court dismissed his complaint against Badawi; and that the duty to determine clemency rests solely with the “worldly sovereign,” royal authorities. In November 2018, the revised clemency appeal was conveyed to the relevant Saudi authorities along with a summary of legal arguments. Despite these submissions on behalf of Badawi, he remains arbitrarily detained, while his health continues to significantly deteriorate.

Has the Government taken action to prevent or investigate the incident, punish the perpetrators, or ensure compensation to the alleged victim? No ​ Arbitrary Detention Date of arrest 17/06/2012 Place of arrest Jeddah What reasons were given for the arrest? No reason was provided at the time of arrest. However, it was later revealed that Badawi was charged with apostasy and the offences under Paragraph 1 of Article 6 and Article 9 of the Anti-Cyber Crime Law. Paragraph 1 of Article 6 provides for “imprisonment for a period not exceeding five years and a fine not exceeding three million riyals or to either punishment [for the] production, preparation, transmission, or storage of material impinging on public order, religious values, public morals, and privacy, through the information network or computers.” Article 9 stipulates: “Any person who incites, assists or collaborates with others to commit any of the crimes stipulated in this Law shall be subject to a punishment not exceeding the maximum punishment designated for such crimes, if the crime is committed as a result of said incitement, assistance or collaboration, and he shall be subject to a punishment not exceeding half the maximum punishment designated, if the intended crime is not committed.”

What was the legal basis for the arrest? According to the Permanent Mission of the Kingdom of Saudi Arabia to the United Nations Office in Geneva, the Jeddah Criminal Court had issued a summons, as per Article 140 of the Code of Criminal Procedure of 2001, for Badawi to appear in person on charges under Articles 6 and 9 of the Anti-Cyber Crime Law (see above). The Criminal Court subsequently ordered Badawi’s arrest under Articles 123 and 141 of the Code of Criminal Procedure of 2001 because he allegedly did not attend the initial trial proceedings.

Date of detention 17/06/2012 Duration of the detention June 17, 2012- present

Places of detention (indicate any transfer and the current place of detention) Mr. Badawi was originally detained in the General Prison in Briman, Jeddah and was transferred to a more tightly controlled maximum-security prison, Dhahban Central, in December 2015.

Reasons given for the detention According to the Permanent Mission of the Kingdom of Saudi Arabia to the United Nations Office in Geneva, Mr. Badawi was found guilty of: “producing material prejudicial to public order, violating the sanctity of religion and the respect due to religious authorities, casting doubt upon the foundations and values of religion, fomenting discord and conflict among sections of society, deriding the tenets of and disparaging and attacking the sacrosanct religious beliefs and values of society. He was also found to have prepared, transmitted, stored and disseminated that material by Internet and shown disobedience to his father.”

Legal basis for the detention Mr. Badawi was convicted under Paragraph 1 of Article 6 and Article 9 of the Anti-Cyber Crime Law (see above).

What are the reasons why you believe the deprivation of liberty is arbitrary? First, the law with which Mr. Badawi was prosecuted contains vague language that can be used to justify the criminalization of any speech that impinges “on public order, religious values [and] public morals.” The statute therefore clearly violates the international standard of the right to freedom of expression. Second, even under this unlawful statute, Mr. Badawi’s detention cannot be justified. While the judgment is largely based on the comments of others, the only comments attributed to Mr. Badawi either support fundamental human rights or critique the influence of extremist interpretations of Islam— both echo the views espoused by the Saudi government. Therefore, his speech clearly does not contravene the law. Third, the statute provides for a maximum punishment of five years, while Mr. Badawi arbitrarily received ten years’ imprisonment. Fourth, Mr. Badawi was denied the right to a fair trial, particularly the right to legal representation, be judged by a competent court, be informed of all the charges against him and adequate time and facilities to prepare his defense (see below). Fifth, Mr. Badawi was imprisoned simply for exercising his fundamental rights to freedom of expression, assembly, and association. Finally, on September 4, 2015, the UN Working Group on Arbitrary Detention (WGAD) confirmed that Mr. Badawi’s detention constitutes an arbitrary deprivation of his liberty falling within Categories II and III as established by the WGAD. Although not a party to the International Covenant on Civil and Political Rights (ICCPR), Saudi Arabia is bound by the customary provisions of the Universal Declaration of Human Rights (UDHR) and the Arab Charter on Human Rights (ACHR), in which the preamble reaffirms the provisions of the ICCPR. Mr. Badawi’s detention violates his rights to equal protection of the law, fair trial, and of expression, assembly, and association, as enshrined in Articles 7, 8, 10, 11, 19 and 20 of the UDHR, and 14, 19, 21, 22 and 26 of the ICCPR.

Are the reasons for the deprivation of liberty authorized by the law? No. ​

Are the reasons for the deprivation of liberty linked to the exercise by the victim of his human rights or fundamental freedoms? Mr. Badawi’s arbitrary deprivation of liberty is a direct result of the peaceful exercise of his rights to: (1) freedom of opinion and expression including the freedom to seek, receive, and impart information and ideas through any media, as his conviction was based in part on the expression of his opinions online, including opinions defending this very right in some of his blog posts (UDHR Art. 19; ICCPR Art. 19); and (2) freedom of peaceful assembly and association, as his conviction was also based on his administration and participation in his online forum, which brought thinkers together (UDHR Art. 20; ICCPR Arts. 21, 22). Mr. Badawi’s shocking punishment was in direct retaliation for his exercise and defence of human rights and fundamental freedoms.

If applicable, do you know if the right to a fair trial has been respected? Mr. Badawi was denied the minimum standards of the right to a fair trial, as enshrined in Saudi law, the ACHR (ratified by Saudi Arabia), the UDHR and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. First, the judgment was rendered in violation of Royal Decree A-93. According to Royal Decree A-93, the examination of issues related to electronic publications must only be heard by special committees of the Ministry of Culture and Information, which have exclusive jurisdiction over these issues, as opposed to the Jeddah Criminal Court. Royal Decree A-93 specifies that any judgment in violation of said decree is null and void. Second, Badawi was deprived of his right to the assistance of a legal representative, a right that is guaranteed by the Saudi Law of Criminal Procedure. The lawyer Badawi chose for representation, Waleed Abu al-Khair, was prevented from attending multiple hearings, and then himself imprisoned in April 2014 and sentenced to 15 years in prison, followed by a 15-year travel ban and a fine of 200,000 Riyals. Further, the Supreme Court did not inform Badawi of its review that was ordered by the King, and barred his legal representative from making submissions. Third, Badawi was deprived of his right to be informed of all the charges against him and adequate time and facilities to prepare his defense. Badawi was convicted for content published on his website, “Saudi Arabian Liberals,” and his Facebook page, including statements by others, although no charges relating to the publication of content on either the website or his Facebook page were recorded on the prosecutor’s list of charges. Finally, only one person attested to the credibility of the witnesses, contravening the requirement under Saudi law that a witness’ credibility be attested by two men. It is therefore clear that Saudi Arabia failed to observe the minimum domestic and international standards of the right to a fair trial. Freedom of opinion and expression Please indicate any views, affiliations, past or present participation in political, social, ethnic or labour group/activity. As indicated above, Raif Badawi was the founder of the online forum and network, “Saudi Arabian Liberals,” and an advocate of social reforms and modernization in the Kingdom. He has publicly shared his views in support of freedoms of thought and expression, his conception of liberalism and .

Please indicate the nature of the medium affected (newspaper, independent radio, etc.), including circulation and frequency of publication or broadcasting, public performances, etc, as well as the political orientation of the medium, if relevant. Mr. Badawi set up the website, “Saudi Arabian Liberals,” to educate civil society of their rights and duties, clarify the concept of liberalism involving individual autonomy and tolerance, and clearly distinguish between popular and political religion. The website was shut down shortly after his arrest.

If the incident involves restrictions on a medium (e.g. censorship, closure of a news organ, banning of a book, etc.); please indicate the identity of the authority involved (individual and/or ministry and/or department), the legal statute invoked, and steps taken to seek domestic remedy. The public prosecutor Mohammed Bin Obaid Alqahtany tried the case against Badawi that eventually resulted in his final sentence, which included the closure of his website, expropriation of his laptop and destruction of its content, and a 10-year ban on journalistic activity. Judge Abdulrahim bin Ibrahim Almuhaythef is the Criminal Court judge issued this final sentence.

If the incident involves arrest of an individual or individuals, the identity of the authority involved (individual and/or ministry and/or department), the legal statute invoked, location of detention if known, information on provision of access to legal counsel and family members, steps taken to seek domestic remedy or clarification of person’s situation and status. The Bureau of Investigation and Public Prosecution referred Badawi’s case to the Criminal Court of Jeddah. On March 18, 2012, Shaikh Abd al-Rahman al-Barrak, a well-known conservative cleric, issued a fatwa, or a religious ruling, declaring Badawi an “unbeliever … and apostate who must be tried and sentenced according to what his words require.” On June 17, 2012, the Criminal Investigation Department arrested Badawi and the public prosecutor Mohammed Bin Obaid Alqahtany tried the case. Judge Abdulrahim bin Ibrahim Almuhaythef issued the final sentence of 1000 lashes, 10 years’ imprisonment and a 10-year travel ban and media ban. As mentioned, Saudi authorities invoked the vague Anti-Cyber Crime Law to arrest and prosecute Badawi, who is now detained at Dhahban Central. For more information related to Badawi’s legal case and status, see above. Freedom of peaceful assembly and of association In what type of activity/ies is the alleged victim (person(s) or organization) engaged? As indicated above, Raif Badawi was the founder of the online forum and network, “Saudi Arabian Liberals,” a platform for thinkers to gather and exchange ideas about social issues in Saudi Arabia. Human rights defenders Please indicate the status of the alleged victim(s) as a : in what human rights activity is the alleged victim (person(s) / organization) engaged? Raif Badawi founded the popular online forum and network, “Saudi Arabian Liberals,” dedicated to advancing society through dialogue regarding ideas about human rights, tolerance, liberalism, and modernization. The website declared May 7, 2012 “A Day for Saudi Liberals” to promote discussion of social and religious issues.

Torture Please indicate where the person was seized (city, province, etc.) and location at which the torture was carried out, if known. Raif Badawi was seized and arrested in Jeddah on June 17, 2012 and on January 9, 2015, he received the first 50 lashes of his 1000-lash sentence in public before hundreds of spectators in front of Al-Jaffali Mosque in Jeddah after Friday prayer services. He is now detained in the maximum security prison, Dhahban Central, where he is subjected to the daily mental torture of fearing the resumption of public lashes.

Indication of the forces carrying out the torture. Saudi authorities.

Description of the form and methods of torture used and any injury sustained as a result. Mr. Badawi has endured the first 50 lashes of his 1000-lash sentence to be administered over the prolonged period of twenty weeks. He is also subjected daily to the mental anguish and torture of the possible resumption of his public flogging. The infliction of the first 50 lashes, prolonged nature of the punishment, and public humiliation amounts to physical and mental torture in violation of the absolute prohibition on torture and other cruel, inhuman or degrading treatment under international law, particularly the Convention Against Torture, which Saudi Arabia has ratified. Indeed, the U.N. High Commissioner for Human Rights at the time, Zeid Ra’ad al-Hussein, referred to Badawi’s flogging as, at the very least, “cruel and inhuman punishment” that is prohibited under international human rights law. The first round of lashes was captured on video. In the recording, a large crowd is seen looking on as a security official inflicts the lashes across Badawi’s back and legs. Each lash can be emphatically and clearly heard. The lashes are followed by an announcement over a megaphone of “God is great,” along with an ovation from the crowd. The video can be viewed here: https://www.youtube.com/watch?time_continue=5&v=Vd3dh9sy2SE.

Were any person, such as a lawyer, relatives or friends, permitted to see the alleged victim(s) during detention? If so, how long after the arrest? Since the start of Badawi’s detention on June 17, 2012, no one has been permitted to see him, whereas prisoners are generally allowed visitation in Saudi Arabia.

What was believed to be the purpose of the torture? No lawful purpose for this torture endured by Badawi exists, and no sufficient legal basis was invoked.

Was the alleged victim(s) examined by a doctor at any point during or after victim's ordeal? If so, when? Was the examination performed by a prison or government doctor? On January 21, 2015, a medical committee carried out a series of tests on Badawi at the King Fahd Hospital in Jeddah and recommended that he should not undergo another round of flogging. However, authorities have only suspended the flogging. It is not known whether they will disregard the medical assessment and resume the flogging at any moment.

Was the examination performed in a manner which would enable the doctor to detect evidence of injuries sustained as a result of the torture? Were any medical reports or certificates issued? If so, what did the reports reveal? It is unclear. However, the government did claim the lashes were suspended due to medical reasons. Perpetrators Please specify the number of alleged perpetrators: 5 ​ Is the identity/occupation of the alleged perpetrator(s) known? Yes ​ Were the alleged perpetrators State agents or believed to be State agents? Yes ​ The following 3 categories of alleged perpetrators were functionaries of the State at the time they investigated, arrested, prosecuted or sentenced Mr. Badawi: 1. Criminal Investigation Department: Raif Badawi was arrested by the Criminal Investigation Department on June 17, 2012 and has been languishing in prison since. 2. Bureau of Investigation and Public Prosecution: the Bureau referred Mr. Badawi’s case to the Criminal Court of Jeddah and the Public Prosecutor Mohammed Bin Obaid Alqahtany tried the case. 3. Jeddah Criminal Court Judges: Judge Muhammad al-Marsoom denied Mr. Badawi's right to legal assistance and recommended Mr. Badawi be tried for apostasy, which carries the death penalty. Judge Fares al-Harbi sentenced Mr. Badawi to 7 years in prison and 600 lashes. Judge Abdulrahim Bin Ibrahim Almuhaythef increased Mr. Badawi's sentence to 10 years in prison, 1000 lashes, a 1 million riyal fine and a 10-year ban on travel and all journalistic activity. It is unclear whether the Saudi Clergy involved acted, expressly or implied, as State agents while issuing condemnatory fatwas, or religious rulings. As an example, the well-known Saudi Sheikh, Abdul-Rahman al-Barrak, issued a fatwa declaring Mr. Badawi an “unbeliever … and apostate who must be tried and sentenced according to what his words require.”

Additional information During the month of Ramadan, the King of Saudi Arabia traditionally issues royal pardons to select prisoners. The king may issue a pardon “on pardonable matters” for public crimes only. In the past, ​ the criteria for a royal pardon have included whether the prisoner has served half of their sentence. Mr. Badawi was convicted of a public or ta’zir offence and has served more than half his sentence. ​ ​ Moreover, Mr. Badawi’s continued arbitrary detention poses ongoing damage of a very serious nature due to his deteriorating health, preexisting hypertension, and the looming threat of a resumption of the remaining 950 lashes. Therefore, an urgent appeal by the Special Procedures on behalf of Mr. Badawi is time-sensitive, as it may encourage Saudi Arabia to review his case for a potential pardon during the month of Ramadan and prevent his continued arbitrary detention, further torture, a severe decline in health, and even death. The Special Procedures last addressed the Kingdom regarding Mr. Badawi’s case on December 22, 2017.

Honourable Irwin Cotler, P.C., O.C., O.Q. Chair and Founder, Raoul Wallenberg Centre for Human Rights International Legal Counsel to Raif Badawi