July 29, 2005

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Saudi Arabia.

New information:

The Observatory has been informed by the Bahrain Human Rights Society (BHRS) that the sentences against Messrs. Ali Al-Domainy, Abdullah Al-Hamad and Matrouk Al-Faleh, three Saudi human rights activists, were upheld on appeal on July 23, 2005.

According to the information received, in a decision that was verbally communicated to their legal representatives on July 23, 2005, an appeal court in Riyadh upheld the prison sentences against Mr. Ali Al-Domaini, Mr. Abdullah al-Hamed and Mr. Matrouq al-Faleh, who have been detained since March 2004 for peacefully advocating political reforms.

In 2004, Messrs. Ali Al-Domainy, Abdullah Al-Hamad and Matrouk Al-Faleh had been charged with offending and destabilising the State, opposing the judiciary and disseminating false information.

On May 15, 2005, Messrs. Ali Al-Domainy, Abdullah Al-Hamad and Matrouk Al-Faleh had been convicted of "stirring up sedition and disobeying the ruler" and had been sentenced respectively to nine, seven and six years of imprisonment by the Riyadh Criminal Court. The hearing was held behind closed door on the pretext of the necessity of maintaining public order. Only two of their family members were allowed to attend the hearing.

Moreover, the Observatory recalls that their defence lawyer, Mr. Abd Al-Rahman Allahim, who was arrested in November 2004, remains in detention in al-Ha'ir prison, without charge. He was allegedly charged in January 2005 for violating a pledge that he signed ensuring that he had stop the campaign in favour of political reforms and human rights (See background information).

The Observatory considers their detention as arbitrary since it aims at sanctioning their freedom of expression and association. In particular, their detention contradicts article 6(c) of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, which states that "everyone has the right, individually or in association with others, (...) to study, discuss, form and hold opinions on the observance, both in law and in practice of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters".

Background information:

On March 9, 2004, the Saudi authorities officially reiterated the announcement of the establishment of the National Human Rights Committee (first publicised in May 2003), and that it would be chaired by a president to be appointed by the government. Messrs. Ali Al-Domainy, Abdullah Al-Hamad, Matrouk Al-Faleh, and Abd El-Rahman Allahim together with eight other persons, known for their active involvement in human rights advocacy and the promotion of democratic reform, sharply criticised the lack of independence of this Committee. Short after, they submitted a request for the creation and registration of an independent human rights organisation (see Observatory Annual Report 2004).

On March 15 and 17, 2004, these twelve persons were arrested by Saudi intelligence officers and held in solitary confinement in the Ulayasha prison, in Riyadh. Nine of them were released in the following days after having been forced to sign a pledge that they would cease their campaign in favour of political reforms and human rights. Messrs. Al-Hamad, Al-Faleh and Al-Domayni, who refused to sign the document, remained in custody without access to their lawyers.

On November 6, 2004, Mr. Abd El-Rahman Allahim was again arrested after disclosing to the Agence France Presse (AFP), the letter addressed by his three clients to Prince Abdullah Al-Saud, concerning the arbitrariness of their detention.

The request submitted by the twelve activists to register an independent human rights association was neither acknowledged nor processed.

Action requested:

Please write to the authorities of the Kingdom of Saudi Arabia urging them to:

1. Guarantee, in all circumstances, the psychological and physical integrity of Messrs. Abdullah Al-Hamad, Matrouk Al-Falehj, Ali Al-Domainy and Abd Al-Rahman Allahim;
2. Grant a pardon to and order the immediate and unconditional release of Messrs. Abdullah Al-Hamad, Matrouk Al-Falehj, Ali Al-Domainy and Abd Al-Rahman Allahim, since their detention is arbitrary;
3. Ensure the right to form independent human rights organisations to promote and protect human rights in Saudi Arabia;
4. Conform to the provisions of the Declaration on Humans Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1, which states that "everyone has the right, individually or in association with others, to promote the protection and realisation of human rights and fundamental freedoms at the national and international levels" and article 6(c) above-mentioned;
5. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards ratified by Saudi Arabia.
   
   

Addresses:

- His Majesty King Fahd bin Abdul Aziz Al-Saud, King and Prime Minister, Office of H.M. The King, Royal Court, Riyadh, Kingdom of Saudi Arabia, Fax: + 966 1 403 1185

- His Royal Highness Prince Naif bin Abdul Aziz, Minister of the Interior, Ministry of the Interior, P.O. Box 2933, Airport Road, Riyadh 11134, Kingdom of Saudi Arabia, Fax: + 966 1 403 1185

- His Royal Highness Prince Saud al-Faisal bin Abdul Aziz Al-Saud, Minister of Foreign Affairs, Ministry of Foreign Affairs, Nasseriya Street, Riyadh 11124, Kingdom of Saudi Arabia, Fax: + 966 1 403 0159

- H.E. Dr. Abdullah bin Muhammad bin Ibrahim Al-Sheikh, Minister of Justice, Ministry of Justice, University Street, Riyadh 11137, Kingdom of Saudi Arabia, Fax: + 966 1 401 1741

- H.E. Abdulwahab Abdulsalam Attar, Ambassador, Mission of the Kingdom of Saudi Arabia, Route de Lausanne 263, 1292 Chambesy, Email: saudiarabia@ties.itu.int, Fax: +4122 758.00.00

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Geneva - Paris, July 29, 2005