Appeal for Clemency for Raif Badawi We are appealing to your sense of mercy in requesting clemency for Raif and Samar Badawi. As you know, Raif Badawi has been in prison for over seven years and Samar Badawi is being detained incommunicado without charges or access to family or a lawyer. Our appeal is based on appreciation for your authority, Saudi Arabian law and the Sharia law that governs this matter. More specifically, we base our appeal on the Qur’an and the Sunna of the Prophet, which provide the source for all worldly authority in the Kingdom of Saudi Arabia (Basic Regulation of the Kingdom of Saudi Arabia, Articles 1 and 7). Acts Infringing on Religious Values – the Centrality of Maslahạ Raif Badawi was sentenced for violating the cyber criminal prohibition on acts that infringe on religious values, an offence created in order to further community welfare, or Maslahạ . It is thus considered a ta’zir offence under Sharia law, with no mandated punishment. Ta’zir offences afford the worldly sovereign the absolute greatest flexibility in sentencing offenders. Similarly, once the accused has started serving the sentence, the sovereign has the discretion to pardon ta’zir offences by considering whether it furthers Maslahạ — the ultimate purpose of Sharia. Indeed, it is the supreme obligation of the worldly sovereign to protect the public interest (Al-Masalih Al-'Amma). We therefore ask that your Royal Highness look to the light of Revelation and the example of the Prophet for guidance in promoting Maslahạ in the case of Raif and Samar Badawi. Maslahạ and Bolstering Saudi Arabia’s Reputation as a World Leader Saudi Arabia’s international standing has been prejudiced by a number of recent events including the Yemen war, the Qatar embargo and the Khashoggi affair. Some international media sources have cautioned that the Kingdom is facing a serious reputational crisis. The international critique of Saudi Arabia may continue to intensify without the Kingdom sending a clear signal to the world that it remains committed to its promised reforms. Presently, at the forefront of international concern are (1) freedom of expression and (2) the progress of women in Saudi Arabia. The release of Raif and Samar Badawi, the international symbols who embody these two respective areas, will send the clearest possible message that the Kingdom remains committed to its promises of reform. Such a gesture will showcase to the world that the Kingdom’s actions are consistent with its public pronouncements, thus consolidating its reputation as a world leader and ensuring a successful 2030 Vision. What follows is a summary of the considerations that warrant a granting of clemency to Raif and Samar Badawi. 1. Raif Badawi Exercised Moderate and Protected Expression Under Saudi Arabian Law Raif Badawi was imprisoned for simply creating a forum for exchanging ideas online and expressing moderate views therein, actions that further your vision for a moderate Islam and free access to online media. His writings echo the very same ideas and aspirations for modernization championed by your Royal Highness. In an interview with The Atlantic in April of 2018, you laid out a standard for freedom of speech in Saudi Arabia that cannot cross “three lines:” (1) the defamation of Islam; (2) personal attacks against authority figures and (3) national security. The speech for which Raif Badawi is imprisoned cannot be categorized as crossing any of the three lines. First, far from defaming Islam, his writings venerate leading clerics and prominent religious authorities, and are anchored in the text of the Holy Qur’an. Second, no personal attacks are contained in his writings. In fact, he never even singled out individuals with whom he disagreed. Third, far from posing a threat to national security, Raif Badawi sought to strengthen Saudi Arabia. In fact, if released, his moderate and reasonable voice would serve as an important buffer against the spread of violent extremism in Saudi Arabia. In his writings, he shares the goals of the Saudi leadership for a stronger and more developed Saudi Arabia. Thus, Raif Badawi expressed protected speech and his conviction breached the Saudi Arabian standard of freedom of expression. 2. Internationally Celebrated Heroes: Raif and Samar Badawi are Distinguishable from Extremist Islamist Prisoners Raif and Samar Badawi are clearly distinguishable from prisoners who have promoted extremist Islam, violence and rebellion, or are in prison under crimes of terrorism for these offences. Such violent prisoners can pose a clear threat to national security. In contrast, Raif Badawi’s writings reflect a deep patriotism. In a tribute to Saudi National Day, he expresses a true love of the Saudi nation and calls for patriots to protect the nation “with their souls, money and through the next generation.” In fact, Raif Badawi spoke out against extremism and political Islam. Instead, he expressed views of tolerance and modernization, promoting “advancement through dialogue.” These are ideas which only aim to protect and strengthen national security and have been echoed by your Royal Highness. The grounds for Samar Badawi’s arrest remain unknown, and therefore the expression for which she is in prison is unclear. It is clear, however, that she has never been associated with extremism. She is chiefly known for her involvement in the campaign to lift the ban on women driving, representing another pillar of your moderate reforms. Moreover, Raif and Samar Badawi are singularly unique in their elevated status as celebrated international heroes, universally recognized for their human rights advocacy. Samar is the recipient of the US State Department’s International Women of Courage Award, while Raif has been nominated for the Nobel Peace Prize and is the recipient of the European Union’s highest honour, the Sakharov Prize, among dozens of other awards and accolades. Thus, Raif and Samar Badawi are unique outliers in the Saudi prison system and their release will not affect the continued imprisonment of other extremists. It will, however, reverberate positively throughout the world and will resonate in support of the national interests of Saudi Arabia and that of your Highness. 3. The Importance of Balance and the Justice Principle The entire system of the Universe is founded on justice; those who dwell in it shall respect the bounds of their authority and not disturb the balance (Ar Rahman, vv. 7-9). This balance dictates that punishment is not merely a means for expiating sins in this world. Rather, punishment serves to absolve the sinner of punishment in the Hereafter, as Allah is too generous to repeat punishment that has already been served (Tirmidhi, Tabarani). The determination and enforcement of appropriate sentences is not only the right of the worldly sovereign, but also a weighty responsibility. Sentences for ta’zir offences should be guided by the principle of balance (Qur’an 55:9, 55:10). As such, the worldly sovereign should ensure that a sentence is no more severe than the minimum needed to accomplish the goals of punishment, as it is written: It is better for the ruler to err in granting a pardon than to err in enforcing a punishment (Al-Tirmidhi #1344). Accordingly, where punishment is too lenient, the sinner will be punished further in the Hereafter, while the worldly sovereign will have respected the dictate of erring on the side of pardon. On the other hand, where the punishment is too severe, the sovereign will himself have offended the principles of Sharia. As expressed by the Saudi judge Saykh Sulaymān al-Musā, in 1985: Here we make judgments only for this world. In the Hereafter all those whom we judged here will confront us and demand an accounting or reckoning. Clemency for the Badawis accords with the foundational principles of justice, compassion and balance. a. Application of the Principles of Balance and Mercy to Raif Badawi Raif Badawi was convicted under Article 6 of the Anti-Cyber Crime Law, which provides for “imprisonment for a period not exceeding five years.” Although the prosecution initially requested a five-year prison sentence, the sentences against Raif Badawi varied significantly over the course of his legal proceedings. He was ultimately sentenced to ten years, in clear violation of the law which allows for a maximum five-year sentence. At this point, after already languishing in prison for over seven years, a grant of clemency would correct these injustices, comply with Saudi law and avoid an overly severe punishment. Indeed, a grant of clemency would be consistent with past royal intervention to mitigate his sentence. In 2015, after the first 50 lashes of the 1000-lash sentence were administered, the royal family intervened to suspend the remaining lashes indefinitely. Thus a grant of clemency would serve the principle of balance and bolster the credibility of the royal family since it would be consistent with Saudi law and past merciful intervention in this case. In this regard, we understand that there have been statements seeking harshness in the sentencing of Raif Badawi made by his father, Mohammed Badawi. However, with all due respect, Mohammed Badawi has no legal standing to intervene. Firstly, the Jeddah Criminal Court already dismissed the complaint filed by Mohammed Badawi against Raif Badawi in this case. Second, Mohammed Badawi’s guardianship over Samar Badawi has long been removed. In June 2010, a court ordered the transfer of Samar Badawi’s guardianship to her uncle. Then, in October 2010, the Governor of Mecca at the time, Prince Khalid bin Faisal al-Saud, confirmed her uncle as her guardian. Finally, Mohammed Badawi’s statements are ultimately irrelevant to this case. The duty to determine punishment for ta’zir offences and protect Maslahạ rests solely with the worldly sovereign, not Mohammed Badawi.