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A/HRC/WGAD/2025/26

Opinion No. 26/2025 concerning Amr Alaa El-Din Mohamed Attia (Saudi Arabia)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-04-10 · en UN

Opinion; Subjects: SAUDI ARABIA, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.25-09432 (E)

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 102nd session, 1–10 April 2025

Opinion No. 26/2025 concerning Amr Alaa El-Din Mohamed Attia

(Saudi Arabia)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its methods of work,1 on 19 November 2024 the Working Group

transmitted to the Government of Saudi Arabia a communication concerning Amr Alaa

El-Din Mohamed Attia. The Government has replied to the communication. The State is not

a party to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability,

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/26

General Assembly

Distr.: General

13 June 2025

Original: English

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1.

Submissions

(a)

Communication from the source

4.

Amr Alaa El-Din Mohamed Attia, born on 1 October 1987, is a national of Egypt.

Prior to his arrest, he worked as a mechanical engineer at the National Marketing Corporation

Ltd. Branch in Mecca, Saudi Arabia. His usual place of residence is the Safa District of

Jeddah, Saudi Arabia.

(i)

Context

5.

According to the source, Mr. Attia was arrested on charges of cursing and insulting

Saudi Arabia on social media.

6.

It is reported that the accusation came after screenshots were posted on a social media

account called “Egypt out of context” from another account purporting to be Mr. Attia’s and

containing insulting remarks about Saudi Arabia. Reportedly, the impersonating account was

verified as such, despite the fact that Mr. Attia’s actual account has never been verified.

Moreover, the impersonating account included pictures of Mr. Attia, acquired from other

websites.

7.

One of the screenshots from the account purporting to be Mr. Attia’s was from a post

that allegedly claimed that he had uttered the insults before his Saudi manager, despite the

fact that, in Mr. Attia’s nine years working in Saudi Arabia, he had never had a national of

Saudi Arabia as a manager. This, the source submits, is evidence that the impersonating

account was fabricated and had maliciously targeted Mr. Attia.

8.

The source reports that Mr. Attia first found out about the impersonating account after

some of his acquaintances contacted him to express concern about the content on the account,

which they thought was his, to which Mr. Attia responded that he had no knowledge of the

account. Reportedly, Mr. Attia decided to close his original account in order to prevent any

tampering attempts and until he could file a complaint against the page.

9.

Immediately after he closed his account, the “Egypt out of context” account posted a

message on social media saying, “even if you close your account, we will get you”.

Subsequently, the “Egypt out of context” account posted Mr. Attia’s personal information

publicly, including his full name, his workplace, his sponsor and his telephone number.

(ii)

Arrest and detention

10.

The source submits that, on 29 November 2023, at approximately 1.15 a.m., Mr. Attia

was arrested at his home by security forces, some in civilian clothing and some in uniform.

Reportedly, Mr. Attia was presented with neither an arrest warrant nor any justification for

his arrest. The same day, at approximately 3 p.m., the national security forces entered

Mr. Attia’s home to conduct a search, without presenting a search warrant.

11.

According to the source, after Mr. Attia’s family members asked several times about

Mr. Attia’s whereabouts, the national security forces revealed that he was being held at the

Northern Police Headquarters. However, when one of Mr. Attia’s family members went to

the Northern Police Headquarters to inquire about him, the authorities did not provide her

with any information.

12.

According to the source, following Mr. Attia’s arrest, the Saudi authorities pressured

staff at Mr. Attia’s workplace to fire him and publish a statement of his dismissal and referral

for investigation.

13.

On 30 November 2023, Mr. Attia was reportedly referred to the Prosecutor’s Office.

He was subsequently investigated by the General Directorate of Investigation, and his

detention was ordered for five days pending investigation.

14.

The source submits that, after 5 days, Mr. Attia’s detention was further extended to

20 days, after which he was transferred to Jeddah General Prison for Foreigners (Shumaisi).

During that period, Mr. Attia’s family lost contact with him. They later received a response

on 29 December 2023 from the Ministry of Foreign Affairs of Egypt, indicating that

Mr. Attia’s detention had been extended to 20 days starting from 4 December 2023.

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15.

On 6 December 2023, Mr. Attia was able to communicate with his family for the first

time since his arrest.

16.

The source reports that Mr. Attia’s family contacted his workplace, which refused to

intervene, despite Mr. Attia having worked there for five years. The source also submits that

Mr. Attia’s family member attempted to advocate for his innocence at the Egyptian Embassy

and Consulate in Jeddah, which are in the process of communicating with the Ministry of

Foreign Affairs of Saudi Arabia. Moreover, Mr. Attia’s family member has been in contact

with the Minister for Immigration and the Affairs of Egyptians Abroad.

17.

The source submits that Mr. Attia has not had access to a lawyer – either appointed

by the State or chosen by his family. Reportedly, Mr. Attia’s family tried to hire a lawyer but

was unable to do so due to financial constraints.

18.

The source also submits that Mr. Attia has not been brought before a judge, and no

investigation is being conducted. Reportedly, he was investigated only once by an officer,

when he arrived at the prison.

19.

According to the source, Mr. Attia is currently being held in pretrial detention at

Dhahban Central Prison, near Dhahban, Jeddah, Saudi Arabia. Since his arrest, his family

has not been able to visit him. However, the source notes that, from 6 October 2024, Mr. Attia

was to be allowed one telephone call per week and allowed to receive visits regularly.

(iii)

Legal analysis

20.

The source argues that Mr. Attia’s arrest and detention are arbitrary under categories

I and V of the Working Group.

a.

Category I

21.

The source submits that the security officers that arrested Mr. Attia failed to provide

him with an arrest warrant or any legal justification to justify their forcible actions, in

violation of article 14 of the Arab Charter on Human Rights, ratified by Saudi Arabia in 2009.

22.

The source recalls that, under article 36 of the Basic Law of Governance, issued by

royal decree in 1992 and serving as a de facto constitution, no person shall be detained,

imprisoned or have their actions restricted except under the provisions of the law.

23.

Furthermore, the source argues that, although Saudi Arabia has not ratified the

Covenant, the principles against arbitrary arrest and detention may still influence the

country’s legal obligations through customary international law.

24.

The source recalls that article 119 of the Law of Criminal Procedure provides for the

right of detainees to receive visits. It further recalls that the Law ensures that detainees are

entitled to meet with their lawyers and family members under regulated conditions.

Nevertheless, since his arrest on 29 November 2023, Mr. Attia has been denied legal counsel

and visits from his family.

25.

The source argues that this violation is a breach of the standards set by international

human rights law, including the United Nations Standard Minimum Rules for the Treatment

of Prisoners (the Nelson Mandela Rules). These rules, the source adds, emphasize the

importance of maintaining contact with family and legal counsel for detainees.

26.

Furthermore, the source asserts that the denial of the right to visits constitutes a

violation of article 17 of the Arab Charter on Human Rights.

27.

The source submits that Mr. Attia has not been brought before a judge since his arrest

on 29 November 2023, which directly violates his right to a fair and public hearing by a

competent, independent and impartial tribunal.

28.

Under article 14 (1) of the Covenant and article 10 of the Universal Declaration of

Human Rights, every individual has the right to be brought promptly before a judge to

challenge the legality of their detention. The source asserts that the failure to present

Mr. Attia before a judicial authority also contradicts article 9 (3) of the Covenant, which

mandates that anyone arrested or detained on a criminal charge shall be brought promptly

before a judge or other officer authorized by law to exercise judicial power. Mr. Attia’s

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extended period of pretrial detention amounts to a denial of due process and underscores the

arbitrary nature of his detention. The source further argues that Mr. Attia’s prolonged pretrial

detention without being brought before a judge also violates the Law of Criminal Procedure,

which limits pretrial detention and requires that detainees be presented before a judicial

authority within six months.

29.

Moreover, the source argues, Mr. Attia’s continued detention without a trial and

without any formal charges constitutes a violation of article 9 (1) of the Covenant, which

guarantees the right to liberty and security of person. The source asserts that Mr. Attia’s

prolonged detention, in the absence of legal justification or a fair hearing, further reinforces

the arbitrary nature of his detention.

30.

The source recalls that the presumption of innocence is a fundamental principle of

international human rights law, enshrined in article 14 (2) of the Covenant. It establishes that

every individual accused of a crime is to be considered innocent until proven guilty. This

principle is crucial in ensuring that individuals are treated fairly throughout the legal process,

safeguarding them from ill-treatment or punishment before their guilt is legally established.

31.

The source argues that Mr. Attia’s prolonged detention without a trial and the absence

of formal charges undermine his right to presumption of innocence. By holding him in

custody without bringing him before a court, the Saudi authorities are effectively treating him

as guilty, in violation of article 14 (2) of the Covenant. Furthermore, Mr. Attia has been

denied access to legal representation and a fair hearing, prolonging the uncertainty

surrounding his case and depriving him of the opportunity to defend himself in court.

b.

Category V

32.

The source argues that Mr. Attia’s detention is arbitrary under category V as his arrest

and subsequent detention are based on his nationality, as he is a national of Egypt.

33.

The source submits that the stereotyping of Egyptians as national security threats

applies primarily to Saudi authorities, particularly in politically sensitive cases such as that

of Mr. Attia. In recent years, the alleged growing security collaboration between Egypt and

Saudi Arabia has strengthened the perception, within both Governments, that nationals of

Egypt – whether they express or are accused of expressing critical views about the Egyptian

or Saudi authorities – are considered political opponents. The source reports that there

appears to be an assumption that anyone critical of the Government of Saudi Arabia might

also be viewed as a political opponent by the Government of Egypt. According to the source,

this has resulted in harsher legal actions and arbitrary detentions of individuals like Mr. Attia,

not only due to their national origin but also because of their alleged political affiliations.

The source further asserts that the Government of Egypt has not provided sufficient consular

assistance to Mr. Attia.

34.

It is asserted that Mr. Attia’s detention exemplifies a broader pattern of discriminatory

treatment. In recent years, there have been several incidents of Egyptians being arrested and

sentenced in Saudi Arabia for expressing criticism against the Government of Egypt or the

Government of Saudi Arabia. The source argues that this represents an ongoing pattern of

targeting and criminalizing dissent, regardless of the legitimacy of the criticism made. The

source asserts that Mr. Attia might face a similar fate, given the broader context of harsh

sentences and detentions imposed on those who are perceived as political dissenters, in

violation of the principle of equality before the law and the right to non-discrimination as

guaranteed by article 26 of the Covenant and article 7 of the Universal Declaration of Human

Rights. These provisions establish that all persons are equal before the law and entitled

without discrimination to the equal protection of the law.

35.

The source argues that the discriminatory treatment against Mr. Attia violates his right

to a fair trial and the presumption of innocence. The stereotype that Egyptians abroad are

often linked to political dissent or are a threat to national security compromises the

impartiality required for judicial proceedings. In Mr. Attia’s case, the source asserts that the

bias against his nationality and perceived political opposition are likely to have influenced

his arrest and detention, resulting in a legal process tainted by preconceived notions of guilt

rather than objective evidence. This lack of impartiality directly violates Mr. Attia’s right to

a fair trial by an independent and unbiased tribunal.

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36.

In addition, the source submits that Mr. Attia’s case highlights the broader practice of

targeting political dissent through transnational actions, a strategy employed to silence critics

beyond borders. Even though the post on social media attributed to Mr. Attia was fabricated

and did not belong to him, he has been treated as a political dissident, which explains the

reluctance of the Egyptian Embassy to intervene. This approach, the source asserts, reflects

a systematic effort to suppress perceived opposition, regardless of the credibility of

accusations, undermining fundamental human rights principles.

37.

The source concludes that Mr. Attia’s deprivation of liberty is arbitrary and falls under

category V, as his liberty has been unjustly restricted due to his nationality and associated

stereotypes.

(b)

Response from the Government

38.

On 19 November 2024, the Working Group transmitted the allegations from the

source to the Government of Saudi Arabia under its regular communication procedure. The

Working Group requested the Government to provide detailed information by 20 January

2025 about the current situation of Mr. Attia. On 8 January 2025, the Government submitted

its reply.

39.

The Government states that the information provided by the source in the

communication includes claims and allegations that are unsubstantiated and without any

evidence. According to the Government, Saudi Arabia investigates these claims and clarifies

all the facts about them as part of its cooperation with international human rights

mechanisms.

40.

The Government submits that Mr. Attia, a national of Egypt, was arrested on

29 November 2023 pursuant to a warrant issued by the competent authority, after evidence

was found proving his involvement in a number of terrorist crimes punishable under the Law

on Combating Crimes of Terrorism and its Financing. His case remains under investigation.

41.

The competent authority issued a detention order against Mr. Attia on the basis of a

legally valid warrant, as the crime he is detained for is classified as a major crime warranting

detention. The order permitted his detention due to his alleged involvement in terrorist crimes

punishable under the Law on Combating Crimes of Terrorism and its Financing.

42.

The Government notes that, in Saudi Arabia, issuing arrest and detention orders does

not rely solely on the existence of a law permitting them. These orders must be supported by

strong evidence indicating that the accused committed a criminal act punishable under the

law. The orders are issued by a competent authority, and detention or imprisonment is

conducted only in designated facilities and for the period authorized by the competent

authority, as affirmed in article 2 of the Law of Criminal Procedure. Arrest and detention

procedures are subject to oversight by the Public Prosecution, which is part of the judicial

authority.

43.

The Government asserts that Mr. Attia is being held at the General Investigation

Prison in Jeddah Province (Dhahban) by the competent authority in accordance with the law.

His detention order has been extended under the law, and he has the right to challenge the

lawfulness of his detention under the law.

44.

According to the Government, Mr. Attia was informed immediately on the day of his

arrest of the reasons for his arrest and detention. He was made aware of his legal rights and

signed to confirm his acknowledgement. These rights include appointing a legal

representative or lawyer to defend him during the investigation and trial phases, in

accordance with article 4 (1) of the Law of Criminal Procedure. He was also informed of the

charges against him and his right to notify someone of his arrest and detention, as stipulated

in articles 36 (1), 101 (1) and 116 of the Law of Criminal Procedure, as well as article 22 of

its executive regulations.

45.

The Government states that the Egyptian Embassy in Riyadh was informed by the

Ministry of Foreign Affairs of Mr. Attia’s arrest and detention and the reasons for it, in line

with the Vienna Convention on Consular Relations. Embassy representatives were allowed

to visit him at his detention location on 5 September 2024. Furthermore, Mr. Attia is entitled

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to regular visits and communication and has so far had more than eight telephone calls with

his family members. Visits are scheduled regularly, but his family has not attended.

46.

In this regard, the Government notes that the law grants investigative authorities the

right to restrict the accused’s contact with others for a specified period, but only under

exceptional investigative circumstances and without violating the accused’s right to

communicate with their relatives or legal representative. This is subject to strict limitations,

and Saudi laws criminalize torture and impose penalties for it. The Law on Combating

Crimes of Terrorism and its Financing prohibits preventing the accused from contact with

others except under narrowly defined exceptional circumstances set forth by law. Instructions

from the Public Prosecutor emphasize that isolating the accused from others should be an

exception.

47.

The Government notes that Mr. Attia’s case is still under investigation, and legal

proceedings are ongoing. Moreover, Mr. Attia has received the necessary medical care and

remains in good health.

48.

The Government claims that the right to challenge the lawfulness of arrest or detention

is guaranteed for every detained person under article 115 of the Law of Criminal Procedure.

The Public Prosecution is an independent entity and part of the judiciary under the law, with

no interference in its work.

49.

The laws of Saudi Arabia guarantee that any defendant is tried before a competent,

independent court in a fair and public trial.

50.

Furthermore, the Government states that Saudi criminal law includes clear and precise

legal provisions that define criminal acts and the corresponding penalties. All Saudi laws are

clearly and precisely formulated, free of ambiguity or vague terms. Moreover, Saudi laws

explicitly criminalize terrorism and penalize its perpetrators. The Law on Combating Crimes

of Terrorism and its Financing provides a clear definition of terrorist acts and terrorist

financing, in line with international standards and the international obligations of Saudi

Arabia. Similarly, the Anti-Cybercrime Law provides a clear definition of cybercrimes,

aiming to reduce their occurrence by clearly identifying these offences and their respective

penalties.

51.

Saudi Arabia affirms that it protects and promotes human rights by applying the

principle of legality: penalties are personal, and no crime or punishment exists without a

statutory or legal basis. The laws of Saudi Arabia uphold the principle of the presumption of

innocence.

52.

Saudi Arabia affirms that it respects and guarantees the right to freedom of opinion,

expression and thought. Everyone is entitled to exercise this right as long as it does not

infringe on public order, society, individuals or foundational values. This limitation is in line

with relevant international standards, including article 29 (2) of the Universal Declaration of

Human Rights.

53.

No one is detained in Saudi Arabia for exercising their rights and freedoms. All

citizens and residents, men and women alike, enjoy their rights and freedoms without

discrimination under the applicable laws of Saudi Arabia. No group, regardless of its

designation or terminology, has preferential access to these rights. Anyone whose rights are

violated can file a complaint through the available legal remedies. Saudi laws prohibit any

criminalization or punishment for expressing one’s political opinions or for one’s nationality.

No one in Saudi Arabia is sentenced to prison or other penalties for discriminatory reasons,

whether based on political views, nationality or any other factor.

54.

Moreover, the Government states that all individuals are equal before the law, with

the right to equal protection and benefit of the law without discrimination.

55.

The laws of Saudi Arabia ensure that every individual is entitled to fair procedures

and a just trial before an impartial, independent and public judiciary. The judiciary in Saudi

Arabia derives its authority and principles from Islamic sharia, which mandates justice as the

foundation of governance and guarantees judicial independence.

56.

The Government submits that the Human Rights Commission has monitored the

individual’s case, verifying that all procedures taken were lawful and in compliance with

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applicable laws and regulations, and has found no violations of human rights laws and has

noted no instances of rights being breached.

57.

The Government affirms that the measures taken against Mr. Attia are in compliance

with both national and international standards, including article 14 of the Arab Charter on

Human Rights, articles 3 and 9 of the Universal Declaration of Human Rights and principle 4

of the Body of Principles for the Protection of All Persons under Any Form of Detention or

Imprisonment.

58.

Moreover, the Government contends that the measures taken in this case comply with

reasonable time limits and the law. Mr. Attia’s detention falls within the legally prescribed

period. The law mandates that the time spent in detention is deducted from the prison

sentence once it is handed down. Saudi laws provide that anyone who has suffered harm due

to malicious accusations or extended detention beyond the legally prescribed period may seek

compensation from the competent court that handled the original case.

59.

All prisons and detention centres are subject to inspections and oversight, and any

violations are addressed promptly. To strengthen oversight mechanisms and protect

detainees’ and prisoners’ rights, the Human Rights Commission conducts unannounced visits

to prisons and detention centres as permitted by its organizational mandate. It receives and

investigates human rights complaints, taking legal action as needed. The National Society for

Human Rights, a civil society organization, also visits these facilities and handles complaints.

60.

The Government further asserts that, under Saudi law, suspects are detained for

investigation for specified, limited periods. If further detention is required for investigative

purposes, the suspect is referred to the competent court, which issues a judicial order to

extend detention for a fixed period. The suspect also retains the right to challenge the legality

of their detention.

61.

The Government claims that Mr. Attia’s arrest was due to allegations of terrorist

crimes punishable under the Law on Combating Crimes of Terrorism and its Financing.

Under no circumstances can these terrorist crimes be justified on political, philosophical,

ideological, racial, ethnic, religious or other similar grounds. This principle was affirmed by

the Security Council in its resolution 1566 (2004).

62.

Lastly, Saudi Arabia reminds the Working Group on Arbitrary Detention of the need

to adhere fully to its methods of work and the Code of Conduct for Special Procedure

Mandate Holders of the Human Rights Council, in particular articles 6 (a), (b) and (c), 9 (a)

and (d), 12 (a) and (b), and 13 (b) of the latter.

(c)

Additional comments from the source

63.

In its additional comments, the source contends that the Government failed to specify

the alleged terrorist acts, their location, timing or any evidence substantiating the allegations.

This lack of clarity violates the principles of legal certainty and due process.

64.

The source contends that, contrary to the Government’s statements that Mr. Attia was

informed of the charges upon his arrest, in reality the only claim communicated to him

informally was “insulting Saudi Arabia on social media”, which is unrelated to terrorism and

is an exercise of freedom of expression protected under human rights standards.

65.

Furthermore, the source argues that, although the Government mentions that the

detention order was issued due to Mr. Attia’s involvement in major crimes, it did not provide

additional evidence or context.

66.

The source asserts that Mr. Attia has been detained since 29 November 2023 and that

this detention period is not “legally justified”, in violation of international standards. While

the Government asserts that the detention is conducted “within reasonable time limits”,

Mr. Attia has been detained without investigation sessions being conducted and without

being referred to trial. No clear timeline or justification for the prolonged pretrial detention

has been provided by the Government. The source contends that the excessive length of

Mr. Attia’s detention raises questions about judicial independence and the effective oversight

of these decisions. Also, since his arrest, Mr. Attia has been subjected to only one

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interrogation session, and he has not been presented before a prosecutor or a judge at any

point.

67.

The source adds that this extended detention without trial contradicts the

Government’s assertion that Mr. Attia’s detention is subject to judicial review and that every

individual is entitled to fair procedures and just trial.

68.

The source notes that Mr. Attia’s family member is unable to visit him in his detention

facility due to her fear of reprisal.

69.

The source further notes that, in its response, the Government asserts that Mr. Attia’s

actions are classified as “major crimes” under counter-terrorism laws. However, it argues

that the vague definition of terrorism in Saudi law allows for the criminalization of lawful

activities such as expressing opinions on social media.2

70.

Moreover, the source contends that, while the Government asserts that Mr. Attia

retains the right to challenge his detention, his inability to access legal counsel due to the

high costs renders this right ineffective. In addition, given that he has no relatives in Saudi

Arabia, no one has been able to file an appeal against his detention orders on his behalf.

Furthermore, contrary to the Government’s statements, Mr. Attia was not appointed with a

lawyer.

71.

The source claims that, for clarity and transparency, the Saudi authorities should

specify the charges against Mr. Attia, supported by credible evidence and legal justification,

as accusing him of “terrorism crimes” under the Law on Combating Crimes of Terrorism and

its Financing, without specifying the nature of the crime and when and where it was

committed or planned for, is not enough to detain him for 14 months. In the absence of

specific charges, he should be released immediately. If specific charges exist, they must be

clearly defined, and Mr. Attia should be presented promptly before an independent judicial

authority for a fair trial.

2.

Discussion

72.

The Working Group thanks the source and the Government for their submissions.

73.

In determining whether Mr. Attia’s detention is arbitrary, the Working Group has

regard to the principles established in its jurisprudence to deal with evidentiary issues. If the

source has established a prima facie case for breach of international human rights law

constituting arbitrary detention, the burden of proof should be understood to rest upon the

Government if it wishes to refute the allegations. Mere assertions by the Government that

lawful procedures have been followed are not sufficient to rebut the source’s allegations.3

74.

The source argued that Mr. Attia’s detention is arbitrary and falls under categories I

and V. The Working Group will examine these claims in turn.

(a)

Category I

75.

The source submits that Mr. Attia’s deprivation of liberty is arbitrary under category

I because it lacks a legal basis. The source argues that, when security officers arrested

Mr. Attia on 29 November 2023 at 1.15 a.m., they failed to provide him with an arrest warrant

or any justification for the arrest. In its response, the Government contends that Mr. Attia

was arrested on 29 November 2023 pursuant to a warrant issued by the competent authority,

and that he was immediately informed on the same day as his arrest of the reasons for his

arrest and detention, as well as the charges against him.

76.

The Working Group notes that persons who are detained have the right to be promptly

informed of the charges against them. This is inherent in article 9 of the Universal Declaration

of Human Rights as well as principles 2 and 10 of the Body of Principles. The Working

Group has previously stated that, in order for the deprivation of liberty to have a legal basis,

it is not sufficient that there is a law that may authorize the arrest. The authorities must invoke

2 See https://news.un.org/en/story/2018/01/640852.

3 A/HRC/19/57, para. 68.

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that legal basis and apply it to the circumstances of the case.4 This is typically done through

an arrest warrant or arrest order (or equivalent document). The reasons for arrest must be

provided immediately upon arrest and must include not only the general legal basis for the

arrest, but also enough factual details to indicate the substance of the complaint, such as the

wrongful act and the identity of an alleged victim.5

77.

The Working Group observes that the Government has not clarified whether the arrest

warrant was shown to Mr. Attia at the time of his arrest. In this regard, the Working Group

notes the distinction between issuing an arrest warrant and showing it to a suspect before the

arrest. The Working Group considers that the Government does not explain how the arrest

was conducted or who conducted it. This contrasts with the more detailed account provided

by the source, who states that Mr. Attia was arrested at his home by security forces in civilian

clothes and in uniform, without an arrest warrant or charges, and his home was later searched

without a search warrant. While the Government asserts that Mr. Attia was arrested pursuant

to an arrest warrant and informed of the charges the same day, it has not explained how this

was done or provided supporting details. The Working Group is thus not satisfied that

Mr. Attia was presented with an arrest warrant at the time of his arrest, irrespective of whether

one was duly issued. It finds that his arrest violates article 9 of the Universal Declaration of

Human Rights, and principles 2 and 10 of the Body of Principles.

78.

The Working Group notes the source’s allegation that, although Mr. Attia has been

held in detention since his arrest on 29 November 2023, he has not been brought before a

judge or a prosecutor. The Government acknowledges this in its response, stating that

Mr. Attia’s case is under investigation, and asserting that his detention falls within the legally

prescribed period

79.

Principle 37 of the Body of Principles provides that any “person detained on a criminal

charge shall be brought before a judicial or other authority provided by law promptly after

his arrest”. International human rights standards specify that the maximum time limit for

bringing a detained person before the competent authority is 48 hours and make clear that

any delay must be absolutely exceptional and justified.6 Furthermore, judicial oversight of

detention is a fundamental safeguard of personal liberty and is essential in ensuring that

detention has a legal basis.7

80.

Liberty is acknowledged under article 3 of the Universal Declaration of Human Rights

as the core consideration with detention merely as an exception. Detention pending trial must

thus be based on an individualized determination that it is reasonable and necessary for such

purposes as to prevent flight, interference with evidence or the recurrence of crime.

81.

In the Working Group’s view, the Government has not provided any reasons to justify

the delay of a year and five months to bring Mr. Attia before a judge, stating solely that his

detention falls within the legally prescribed period. Therefore, the Working Group considers

that Mr. Attia was denied the right to take proceedings promptly before a court to challenge

the legality of his detention, in violation of article 9 of the Universal Declaration of Human

Rights and contrary to Principles 11, 32 and 37 of the Body of Principles.8 Given that

Mr. Attia was not able to challenge the legality of his detention, his rights under articles 8

and 10 of the Universal Declaration of Human Rights were also violated.

82.

Furthermore, the Working Group notes that pretrial deprivation of liberty, as a

precautionary and non-punitive measure, must also comply with the principles of legality,

necessity and proportionality to the extent strictly necessary in a democratic society. It may

be imposed only within the limits strictly necessary to ensure that the efficient undertaking

of investigations is not impeded nor the action of justice evaded, and provided that the

competent authority substantiates and confirms the fulfilment of the aforementioned

requirements. Owing to the particularly restrictive nature of pretrial detention, use of this

4 Opinions No. 9/2019, para. 29; No. 46/2019, para. 51; and No. 59/2019, para. 46.

5 Opinions Nos. 88/2017, para. 27; 3/2018, para. 43; and 30/2018, para. 39. In cases of arrests made in

flagrante delicto, the opportunity to obtain a warrant will typically not be available.

6 Opinions No. 20/2019, para. 66; and No. 26/2019, para. 89.

7 A/HRC/30/37, para. 3.

8 Opinion No. 33/2020, para. 56.

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GE.25-09432

measure should be the exception, rather than the rule. The exceptional nature of pretrial

detention is a consequence of the presumption of innocence, according to which, in principle,

all persons subject to trial must be tried at liberty. In the interests of justice, liberty should be

recognized as a general principle of rule, and pretrial detention as an exception.9 Despite the

Government’s assertion that Mr. Attia was arrested based on charges of committing terrorist

crimes and that his actions are classified as “major crimes”, it has not substantiated what

these actions were nor provided sufficient information to demonstrate the need for pretrial

detention in these circumstances. The Working Group thus considers that Mr. Attia’s

detention has been carried out without the guarantees set forth in article 9 of the Universal

Declaration of Human Rights

83.

In the light of all of the findings above, the Working Group concludes that Mr. Attia’s

arrest and subsequent detention are arbitrary and fall within category I.

(b)

Category III

84.

Although the source does not make the case that Mr. Attia’s deprivation of liberty

falls under category III, the Working Group believes that it is clear from the substance of

some of the source’s allegations that they do in fact belong under this category as to the extent

that they are connected with Mr. Attia’s right to due process and fair trial. The Government

has had the opportunity to comment on the facts laid out above.

85.

The source has raised concerns about due process rights, denial of visitation and legal

representation, as well as undermining the presumption of innocence.

86.

The Working Group notes that according to the source, Mr. Attia has had no access

to a lawyer since his arrest, either a State-appointed lawyer or one chosen by his family, the

latter due to financial constraints. In its response, the Government states that Mr. Attia was

informed on the day of his arrest of his legal rights, including appointing a legal

representative or lawyer, and he signed to confirm his acknowledgement.

87.

As the Working Group has previously observed, all persons deprived of their liberty

have the right to legal assistance by counsel of their choice at any time during their detention,

including immediately after their apprehension, and such access must be provided without

delay.10 The Working Group notes that the Government does not specify when or whether

Mr. Attia appointed a lawyer or was able to meet with his lawyer. In the absence of any

specific information from the Government to contest the source’s allegations, the Working

Group considers that the Government failed to respect Mr. Attia’s right to legal assistance at

all times, which is inherent in the right to liberty and security of person and the right to a fair

and public hearing by a competent, independent and impartial tribunal, as established by law,

in accordance with articles 3, 9, 10 and 11 (1) of the Universal Declaration of Human Rights.

The Working Group therefore finds violations of articles 10 and 11 (1) of the Universal

Declaration of Human Rights, and of principles 15, 17 and 18 of the Body of Principles,

rule 61 of the Mandela Rules, and principle 9 and guideline 8 of the United Nations Basic

Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of

Their Liberty to Bring Proceedings Before a Court.

88.

Furthermore, the source argues that, since Mr. Attia’s arrest, his family has not been

able to visit him due to fear of reprisals. The Government responds that Mr. Attia is entitled

to regular visits and communication and has so far had more than eight telephone calls with

his family members. The Government adds that visits are scheduled for him regularly, but

his family has not attended. However, the Government has not rebutted the source’s assertion

that Mr. Attia’s family has been unable to visit him due to conditions created by the

authorities that have induced a fear of reprisal.

89.

The Working Group notes that giving prompt and regular access to family members

to a person deprived of liberty is an essential and necessary safeguard for the prevention of

torture and for protection against arbitrary detention and infringement of personal security.11

9 Opinions No. 37/2022, para. 60; and No. 13/2024, para. 62.

10 A/HRC/30/37, annex, principle 9 and guideline 8; CAT/C/SAU/CO/2 and CAT/C/SAU/CO/2/Corr.1,

paras. 14 and 15; and opinion No. 86/2020, para. 78.

11 Opinion No. 84/2020, para. 70.

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GE.25-09432

11

Accordingly, the Working Group finds that the right of Mr. Attia to contact with the outside

world has been denied, in contravention of rules 43 (3) and 58 (1) of the Nelson Mandela

Rules12 and principles 15, 16 (1) and 19 of the Body of Principles.

90.

The Working Group observes that Mr. Attia has been in pretrial detention since his

arrest on 29 November 2023 without individualized judicial determination. The Government

admits that Mr. Attia has been detained since 29 November 2023, exceeding 14 months

without trial, but states that the detention period is legally justified. However, it has not

provided any detailed or sufficient justification for this delay.

91.

The Working Group is of the view that the delay is unjustified and undermined the

presumption of innocence and Mr. Attia’s right to be tried within a reasonable time or to be

released pending trial, as guaranteed under articles 10 and 11 (1) of the Universal Declaration

of Human Rights, and principle 38 of the Body of Principles.

92.

In the light of the findings above, the Working Group concludes that the violations of

the right to a fair trial are of such gravity as to give the detention of Mr. Attia an arbitrary

character under category III.

(c)

Category V

93.

The source submits that Mr. Attia’s deprivation of liberty stems from his nationality

as a national of Egypt and the associated stereotypes of Egyptians abroad as political

dissidents. The source argues that, although the post on social media attributed to Mr. Attia

was fabricated and did not belong to him, he has been treated as a political dissident, which

explains the reluctance of the Egyptian Embassy to intervene. In its response, the

Government affirms that all individuals in Saudi Arabia are equal before the law, with the

right to equal protection and benefit of the law without discrimination. The Government also

asserts that no one in Saudi Arabia is sentenced to prison or other penalties for discriminatory

reasons, whether based on political views, nationality or any other factor.

94.

The Working Group recalls that a detention is arbitrary under category V when it

constitutes a violation of international law on the grounds of discrimination on the basis of

birth, national, ethnic or social origin, language, religion, economic condition, political or

other opinion, gender, sexual orientation, disability, or any other status. In the present case,

the Working Group observes that there is insufficient evidence demonstrating that Mr. Attia’s

nationality or perceived political opinion were the determining factor in his detention. Having

regard to the materials available, the Working Group is unable to conclude that Mr. Attia’s

detention was arbitrary under category V.

(d)

Concluding remarks

95.

In its 34-year history, the Working Group has found Saudi Arabia in violation of its

international human rights obligations in over 75 cases.13 The Working Group reiterates its

concern that this might indicate a widespread or systemic problem of arbitrary detention in

Saudi Arabia, which amounts to a serious violation of international law. It underlines that

States have the obligation not to engage in acts that could constitute crimes against humanity,

to prevent such acts and to punish the perpetrators of such acts.

96.

The Working Group lauds the expressed willingness of the Government to cooperate

with the Council and its various mechanisms, including the special procedures of the Human

Rights Council. In that context, and recalling its request for a country visit, which was

reiterated on 24 August 2021 and 4 February 2022, the Working Group would welcome the

opportunity, at the Government’s earliest convenience, to conduct a visit to Saudi Arabia in

order to engage with the Government in a constructive manner and to offer its assistance in

addressing its serious concerns regarding instances of arbitrary deprivation of liberty.

12 Opinions No. 35/2018, para. 39; No. 44/2019, paras. 74 and 75; and No. 45/2019, para. 76.

13 See, for example, decisions Nos. 40/1992 and 48/1995; and opinions Nos. 8/2002, 25/2004, 34/2005,

9/2006, 4/2007, 6/2008, 21/2009, 11/2011, 8/2012, 32/2013, 32/2014, 52/2016, 10/2017, 68/2018,

56/2019, 33/2020, 34/2021, 29/2022, 17/2023, 10/2024, 26/2024 and 71/2024.

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3.

Disposition

97.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Amr Alaa El-Din Mohamed Attia, being in contravention

of articles 8, 9, 10 and 11 of the Universal Declaration of Human Rights, is arbitrary

and falls within categories I and III.

98.

The Working Group requests the Government of Saudi Arabia to take the steps

necessary to remedy the situation of Mr. Attia without delay and bring it into conformity with

the relevant international norms, including those set out in the Universal Declaration of

Human Rights.

99.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Attia immediately and accord him an

enforceable right to compensation and other reparations, in accordance with international

law.

100.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Mr. Attia and to take appropriate measures against those responsible for the violation of his

rights.

101.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

102.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Mr. Attia has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Mr. Attia;

(c)

Whether an investigation has been conducted into the violation of Mr. Attia’s

rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Saudi Arabia with its international obligations in line

with the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

103.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

104.

The Working Group requests the source and the Government to provide the

above-mentioned information within six months of the date of transmission of the present

opinion. However, the Working Group reserves the right to take its own action in follow-up

to the opinion if new concerns in relation to the case are brought to its attention. Such action

would enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

105.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.14

[Adopted on 7 April 2025]

14 Human Rights Council resolution 51/8, paras. 6 and 9.