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A/HRC/WGAD/2025/31

Opinion No. 31/2025 concerning Mohammed Ali Hussein Al Wadaei (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.25-09431 (E) 100725 100725

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. 31/2025 concerning Mohammed Ali Hussein Al Wadaei

(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 5 July 2024 the Working Group

transmitted to the Government of Saudi Arabia a communication concerning Mohammed Ali

Hussein Al Wadaei. The Government replied to the communication on 28 August 2024. 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/2025/31

General Assembly

Distr.: General

11 July 2025

Original: English

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1.

Submissions

(a)

Communication from the source

4.

Mohammed Ali Hussein Al Wadaei, born on 1 January 1964, is a national of Yemen.

He is a businessman and an Islamic preacher. He usually resides in Yemen.

(i)

Context

5.

The source submits that, since late March 2015, the Government of Saudi Arabia has

been directing a military coalition to support the Government of Yemen against the Houthi

movement.

6.

Reportedly, Yemeni nationals are often arrested in Saudi Arabia on various pretexts

and given long prison sentences. Some are detained for actual or alleged Houthi membership,

while others are arrested in Yemen for criticizing Saudi policies on social media and then

transferred to Saudi Arabia for prosecution.

7.

The source notes that Mr. Al Wadaei was previously arrested on 20 March 2015 by

Houthi militias for his political beliefs and criticism of the events of 2014–2015 in Yemen.

He was held in a prison in Sana’a for eight months and reportedly subjected to ill-treatment

before being released on 5 November 2015.

(ii)

Arrest and detention

8.

The source reports that, on 19 October 2022, Mr. Al Wadaei was arrested by security

forces of Saudi Arabia in uniform while he was travelling from Sana’a to Saudi Arabia

through the Wadi’ah border crossing, using an official residence permit. Reportedly, the

security forces of Saudi Arabia did not present him with an arrest warrant, nor did they inform

him of the reasons for his arrest.

9.

Immediately after his arrest, Mr. Al Wadaei was transferred to a detention facility in

Najran operated by the State security service and controlled by the Ministry of Interior, where

he was held for a period of two weeks. During that time, he was held and interrogated without

access to legal representation or the ability to contact his family.

10.

On 2 November 2022, Mr. Al Wadaei was reportedly transferred to Tarfiyah prison

in Buraydah, Qasim Governorate, where he is being detained.

11.

From the moment of his arrest on 19 October 2022 to 19 January 2023, Mr. Al Wadaei

was held incommunicado before being allowed to contact his family. The source notes that,

notwithstanding the monthly visits permitted by the authorities, his family, who reside in

Yemen, are unable to visit him because they cannot afford the high costs of visas, travel and

accommodation in Saudi Arabia. He is permitted to make one brief telephone call per week.

12.

Furthermore, Mr. Al Wadaei was reportedly held in detention without being charged

and without being brought before a judicial authority for a period of one year and four

months. On 12 November 2023, he was brought before a judicial authority, the Specialized

Criminal Court in Riyadh, which was established in 2008 to try cases of terrorism, for the

first time since his arrest. This was the first time that Mr. Al Wadaei was informed of the

charges brought against him. Reportedly, he was charged on the basis of the law on crimes

of terrorism and its financing and the anti-cybercrime law in connection to the posts that he

had made on his social media account concerning the dispute that arose between Saudi Arabia

and a third country following the killing of a Saudi dissident journalist in October 2018.

13.

The source submits that, although Mr. Al Wadaei was assigned a lawyer in May 2023,

it was only at his first hearing before the Specialized Criminal Court, on 12 November 2023,

that he was able to meet with his lawyer.

14.

On 14 May 2024, the Specialized Criminal Court reportedly sentenced Mr. Al Wadaei

to 19 years in prison.

15.

Following Mr. Al Wadaei’s arrest on 19 October 2022, his family asked the

Government of Yemen to intervene. In response, Yemeni authorities sent letters to Saudi

Arabia in which they stated that Mr. Al Wadaei showed no hostility towards Saudi Arabia or

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support for Houthi militias and had played a significant role in bilateral programmes between

the two countries.

(iii)

Legal analysis

16.

The source argues that the arrest and subsequent detention of Mr. Al Wadaei are

arbitrary, falling under categories I, II, III and V.

a.

Category I

17.

According to the source, Mr. Al Wadaei’s arrest and detention lack any legal basis or

justification and are thus arbitrary under category I.

18.

The source reports that Mr. Al Wadaei was arrested without an arrest warrant and was

not provided with the reasons for his arrest, nor promptly informed of the charges against

him. Instead, he was notified of the official charges several months after his arrest during his

first hearing before the Specialized Criminal Court, in violation of articles 3 and 9 of the

Universal Declaration of Human Rights.

19.

Furthermore, the source submits that Mr. Al Wadaei was prosecuted and sentenced

on the basis of a law that does not meet the requirements of lex certa. His conviction is based

on provisions of the law on crimes of terrorism and its financing, which contains a definition

of a “terrorist crime” in article 1 that is, according to several special procedure mandate

holders, including the Special Rapporteur on the promotion and protection of human rights

and fundamental freedoms while countering terrorism,2 and the Committee against Torture,3

broad and vague, thereby enabling the criminalization of a wide spectrum of acts of peaceful

expression and opinion.

20.

The source asserts that the vague and overly broad provisions used to prosecute Mr.

Al Wadaei do not respond to the requirement of the lex certa and lack legal certainty, which

makes it impossible to invoke any legal basis to justify his deprivation of liberty.

21.

The source further argues that, throughout the three months that Mr. Al Wadaei was

held incommunicado, he was placed outside the protection of the law and deprived of legal

safeguards. The source recalls that the Working Group has stated that no jurisdiction should

allow individuals to be deprived of their liberty in secret for potentially indefinite periods

without the possibility of resorting to legal procedures, including habeas corpus.4

22.

According to the source, Mr. Al Wadaei was unable to challenge the legality of his

detention, given that he was not brought before a judge or court promptly in order to review

it. He appeared before the Specialized Criminal Court only on 12 November 2023. The source

argues that this unlawful deprivation of liberty is arbitrary and violates articles 3, 6, and 9 of

the Universal Declaration of Human Rights.

23.

The source argues he was denied legal assistance from the moment of his arrest, which

adversely affected his ability to challenge the legality of his detention, and recalls that the

Working Group has stated that the “judicial oversight of detention is a fundamental safeguard

of personal liberty and is essential in ensuring that detention has a legal basis”.5

24.

The source submits that Mr. Al Wadaei’s arrest and detention violate articles 3, 6, 8,

9 and 10 of the Universal Declaration of Human Rights and lacks a legal basis and are thus

arbitrary under category I.

2 See communication SAU 12/2020, available at

https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25726,

p. 6.

3 CAT/C/SAU/CO/2, para. 16.

4 A/HRC/16/47, p. 2.

5 Opinion No. 72/2021, para. 85.

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b.

Category II

25.

The source argues that Mr. Al Wadaei’s deprivation of liberty results from the exercise

of his right to freedom of speech and expression, as guaranteed under article 19 of the

Universal Declaration of Human Rights, and thus falls within category II.

26.

It is submitted that, during his first hearing before the Specialized Criminal Court, on

12 November 2023, he was informed of the charges against him, which relate to some of his

posts on social media, in particular the post concerning the killing of a Saudi dissident

journalist in October 2018.

27.

The source argues Mr. Al Wadaei was sentenced to 19 years in prison on the basis of

social media posts under the law on crimes of terrorism and its financing and the

anti-cybercrime law. The source recalls that, during Saudi Arabia’s last review, the

Committee against Torture expressed concern over the law’s broad terrorism definition,

which risks criminalizing peaceful expression.6 The Committee was further concerned about

detention without access to family or legal counsel for up to 90 days, 7 undermining

safeguards against torture. Notwithstanding recommendations to narrow the law’s scope to

protect non-violent expression, the Government of Saudi Arabia has taken no action.8

28.

According to the source, Mr. Al Wadaei was found guilty on charges that have a direct

connection to his social media posts related to diplomatic issues between Saudi Arabia and a

third country. Therefore, the source asserts that this falls within Mr. Al Wadaei’s exercise of

the right to freedom of expression.

29.

The source contends that, even in the hypothesis that Mr. Al Wadaei’s situation might

require a conviction, the sentence imposed upon him is not commensurate with the nature of

the alleged offences.9

30.

Given the reasons above, the source submits that Mr. Al Wadaei’s deprivation of

liberty stems from the exercise of his rights to freedom of opinion and expression, in violation

of article 19 of the Universal Declaration of Human Rights and thus falls within category II.

c.

Category III

31.

The source submits that the authorities’ failure to comply with international standards

relating to the right to a fair trial was so serious as to make Mr. Al Wadaei’s deprivation of

liberty arbitrary fall within category III.

32.

The source argues that Mr. Al Wadaei was denied access to legal counsel from the

moment of his arrest on 19 October 2022. Although a State-appointed lawyer was assigned

to Mr. Al Wadaei in May 2023, he was able to meet with his lawyer only at his first hearing,

on 12 November 2023.

33.

The absence of legal counsel immediately after his arrest resulted in his inability to

prepare an adequate defence, including through the disclosure of information contained in

his criminal files. Those violations, the source argues, substantially undermined Mr. Al

Wadaei’s capacity to defend himself in his judicial proceedings.

34.

The source adds that Mr. Al Wadaei’s right to legal assistance, enshrined in articles 10

and 11 (1) of the Universal Declaration of Human Rights and principles 17 and 18 of the

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

Imprisonment, were violated.

35.

Moreover, he was detained without charges for several months until his trial began.

He was first informed of the charges and reasons for his detention during his initial hearing

on 12 November 2023. The source argues this violated his right to a timely trial under

principles 38 and 39 of the Body of Principles.

6 CAT/C/SAU/CO/2, para. 16.

7 Ibid.

8 Ibid., para. 18.

9 A/HRC/22/44, para. 61.

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36.

Reportedly, Mr. Al Wadaei was convicted on the basis of his social media posts

without it having been proved that they constituted calls to violence that were likely to create

a danger justifying condemnation. It contends that the prosecution did not consider it

necessary to establish his guilt on the basis of concrete evidence.

37.

The source therefore asserts that Mr. Al Wadaei’s right to be presumed innocent,

enshrined in article 11 (1) of the Universal Declaration of Human Rights and principle 36 (1)

of the Body of Principles, was violated.

38.

The source submits that all of Mr. Al Wadaei’s trial hearings were held before the

Specialized Criminal Court. It recalls that the Committee against Torture previously

expressed its concerns about the Court’s insufficient independence from the Ministry of

Interior.10

39.

Judges in the Specialized Criminal Court are appointed by the Supreme Judicial

Council. Under the Law of the Judiciary of 2007, the Council is comprised of a Chair and 10

members, 7 of whom are appointed directly by the King, in addition to the Director of the

Bureau of Investigation and Public Prosecution, which was replaced by the Public

Prosecution Service in 2017. The source argues that, because of this external influence, the

Court cannot be considered an impartial or independent body.11

40.

According to the source, Mr. Al Wadaei was tried by a court lacking independence,

violating his right to a fair trial under articles 10 and 11 of the Universal Declaration of

Human Rights. The source argues his conviction exemplifies the use of the Specialized

Criminal Court as a tool to prosecute peaceful critics with false terrorism charges.

41.

For these reasons, the source submits that Mr. Al Wadaei’s deprivation of liberty is

arbitrary under category III.

d.

Category V

42.

The source submits that Mr. Al Wadaei’s arrest, prosecution and treatment are the

direct result of his political opinions, which led to his unequal treatment before the law.

43.

It is argued that Mr. Al Wadaei was arrested and detained for his posts on his social

media account. Moreover, the source asserts that Mr. Al Wadaei was subsequently tried

before the Specialized Criminal Court and sentenced to a lengthy prison term – solely on the

basis of his social media posts – on terrorism charges, even though he had no connection to

terrorism.

44.

According to the source, Mr. Al Wadaei’s arrest, treatment and lengthy sentence

suggest that he was arrested on the basis of his political opinions and for peacefully sharing

his views on social media.

45.

The source concludes that Mr. Al Wadaei’s deprivation of liberty contravenes

articles 2 and 7 of the Universal Declaration of Human Rights and principle 5 (1) of the Body

of Principles, and is arbitrary under category V.

(b)

Response from the Government

46.

On 5 July 2024, the Working Group transmitted the allegations from the source to the

Government of Saudi Arabia under its regular communications procedure. The Working

Group requested the Government to provide detailed information by 4 September 2024 about

the current situation of Mr. Al Wadaei.

47.

On 28 August 2024, the Government submitted its reply.

48.

The Government submits that the information contained in the communication

submitted by the source includes false allegations and claims without any basis or proof.

49.

The Government states that Mr. Al Wadaei, a Yemeni national, was arrested on 19

October 2022 under a warrant issued by the competent authority, based on evidence linking

10 CAT/C/SAU/CO/2, para. 17.

11 Opinion No. 22/2019, para. 74.

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him to serious terrorist offences under the law on crimes of terrorism and its financing. These

include supporting a terrorist entity and spreading false, malicious information with intent to

commit a terrorist act.

50.

The Government reports that Mr. Al Wadaei was arrested by the competent authority

with an arrest warrant, which was based on a legal provision that allows for his arrest, given

that the crime for which he was arrested is considered a major crime that requires arrest. The

Government notes that the law requires that the period of the accused’s arrest be calculated

from the prison term sentenced upon its execution, if he had spent a period of time detained

owing to the case in which the ruling was issued. His arrest was in accordance with the

provisions of the law in the general investigations prison in the city of Buraydah. He enjoys

his right to object to the legality of his arrest in accordance with the law.

51.

The Government states that, on the day of his arrest, Mr. Al Wadaei was informed of

the reasons for his detention and his legal rights, which he acknowledged in writing. These

include the right to legal representation during investigation and trial (art. 4 (1) of the Code

of Criminal Procedure), the right to be informed of the charges against him and the right to

contact others regarding his arrest (arts. 36 (1), 101 (1) and 116 of the Code and art. 22 of its

executive regulations).

52.

Furthermore, the Government submits that the Embassy of Yemen in Riyadh was

notified by the Ministry of Foreign Affairs of his arrest and the reasons for the detention at

the moment of his arrest, in accordance with the Vienna Convention on Consular Relations.

53.

After the investigation, the public prosecution referred Mr. Al Wadaei’s case to the

Specialized Criminal Court, in accordance with articles 15 of the Code of Criminal

Procedure, and 3 (b) and (c) of the Public Prosecution Law. He was formally charged on the

basis of sufficient evidence under article 126 of the Code, including his confessions, arrest

and search records, and technical reports. His appearance before the court was ordered

pursuant to article 135 of the Code.

54.

The Government affirms that Mr. Al Wadaei had the right to appoint a lawyer. He

requested a family member as his legal representative and asked for a State-funded lawyer of

his choice. Mr. Al Wadaei and his lawyer attended the trial sessions, which were held in the

presence of the public prosecutor.

55.

The Government submits that a preliminary ruling was issued against the

aforementioned, subject to appeal, which included sentencing him to a prison sentence of

19 years starting from the date of his arrest in this case, owing to his proven conviction of

committing a number of terrorist crimes, including his support for a terrorist entity, and

publishing false and malicious news and rumours with the intent to carry out a terrorist crime,

punishable under articles 34, 43 and 44 of the law on crimes of terrorism and its financing,

according to the evidence established by the Specialized Criminal Court and the discussions

and statements included in the trial deliberations.

56.

The Government adds that Mr. Al Wadaei has regular access to visits and phone calls.

having received 16 visits (most recently on 17 July 2024) and made 86 calls (the last on

18 August 2024). It also affirms that he has received necessary medical care since his arrest

and is in good health.

57.

The Government states that the public prosecution presented evidence proving that

Mr. Al Wadaei committed serious terrorist crimes. This included arrest and search reports,

technical findings, witness statements and his voluntary confessions before both the

investigating authority and the judiciary, in accordance with article 101 (2) of the Code of

Criminal Procedure.

58.

The laws of Saudi Arabia ensure that any accused is tried before a competent,

independent court in a fair and public trial, with the right to legal representation and to appeal

the judgment. These laws are clear, precise, publicly available on government websites and

accessible to all. The country upholds its commitments under international human rights

agreements, and its legal framework is reviewed and updated regularly. Terrorist acts and

financing is defined clearly under the law on crimes of terrorism and its financing in line with

international standards and the country’s obligations.

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59.

Saudi Arabia affirms its commitment to human rights through the principle of legality:

punishments apply only on the basis of clear legal texts and only for acts committed

afterwards, with no penalty imposed without conviction under law or sharia. It also upholds

the rights to freedom of opinion, expression and thought, guaranteeing these rights unless

they infringe upon public order, society, individuals or core values.

60.

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

citizens and residents, regardless of gender or status, enjoy equal rights and freedoms under

the law. No group has preferential treatment. Anyone whose rights are violated may file a

complaint through legal channels.

61.

The laws of Saudi Arabia guarantee respect for the principle of the accused’s

innocence, and no criminal penalty may be imposed on any person unless his conviction of

committing an act prohibited under sharia or law is proven after a trial conducted in

accordance with sharia requirements.

62.

The laws of Saudi Arabia ensure that all individuals – citizens and residents alike –

are equal before the law, entitled to equal protection and benefit without discrimination. They

guarantee fair procedures and trials before an independent, public judiciary rooted in sharia,

which mandates justice as the foundation of governance. Article 46 of the Basic Law of

Governance affirms the judiciary’s independence, with judges exercising authority solely

under sharia.

63.

The Government asserts that the Human Rights Commission of Saudi Arabia followed

up on Mr. Al Wadaei’s case, and it has been found that the procedures taken against him are

sound and that the laws and regulations in force relating to human rights are implemented,

and that none of these laws are violated. The Commission found that no violation of his rights

had been detected, based on its jurisdiction, which includes ensuring the availability of rights

and guarantees and the application of laws relating to human rights, and it is continuing to

follow up on his case.

64.

The Government affirms that arrests are not based solely on existing law, but also

require documented evidence of a criminal act, strict legal procedures by authorized

personnel and issuance by a competent authority. Detention occurs only in designated places

and for periods set by the authority, as stated in article 2 of the Code of Criminal Procedure.

Arrests and detentions are supervised by the public prosecution, which is part of the judiciary.

65.

The Government contends that the measures taken against Mr. Al Wadaei are

consistent with international standards, including what is stated in articles 3 and 9 of the

Universal Declaration of Human Rights and principles 2, 4 and 10 of the Body of Principles.

66.

The Government states that Mr. Al Wadaei was investigated while detained for major

terrorist crimes warranting detention. His detention period complied with the law, and he was

not denied the right to challenge its legality to seek release. He has been able to exercise this

right from the date of his arrest until now, given that contesting the legality of an arrest or

detention is guaranteed.

67.

Mr. Al Wadaei is detained in the general investigations prison in Buraydah, which is

a known and designated place of detention, and there are no secret places of detention in

Saudi Arabia.

68.

The Government notes that the law allows investigators to restrict an accused’s

contact with others temporarily, when necessary, without denying contact with family or

legal counsel. This aligns with international standards such as the Nelson Mandela Rules and

the Body of Principles. Saudi Arabia enforces strict limits on such restrictions and

criminalizes torture. Contact or visitation may be limited for up to 90 days if required by the

investigation, according to Saudi law.

69.

The Government states that the public prosecutor’s instructions limit isolation of the

accused to exceptional cases and the shortest time necessary on the basis of the crime’s

seriousness and investigation needs. Decisions are overseen by senior prosecutors, and the

detention period must comply with the Code of Criminal Procedure. The accused retains the

right to contact their lawyer. Prosecution offices supervise detention centres and must report

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to the Attorney General for any detention exceeding 15 days from arrest, regardless of case

circumstances.

70.

All prisons and detention centers in Saudi Arabia are subject to supervision, inspection

and the taking of necessary measures in the event of any violation.

71.

The Government asserts that Mr. Al Wadaei was tried within a reasonable time. After

completing the investigation, the public prosecution found sufficient evidence, formally

charged him and referred his case to the Specialized Criminal Court under articles 15 of the

Code of Criminal Procedure and 3 (b) and (c) of the Public Prosecution Law. The charges

included detailed descriptions of the crimes, applicable legal texts and supporting evidence

as required pursuant to article 126, and he was ordered to appear before the court under

article 135 of the Code of Criminal Procedure.

72.

The Government submits that Mr. Al Wadaei was convicted of committing terrorist

crimes, including his support for a terrorist entity, and publishing false and malicious news

and rumours with the intent to carry out a terrorist crime. It notes that combating terrorist

crimes and punishing their perpetrators is required under the law on crimes of terrorism and

its financing in order to preserve the security and safety of the internal community and the

international community, which is consistent with international standards and the United

Nations Global Counter-Terrorism Strategy, through preventing and combating terrorism.

73.

The Government notes that the source’s interpretation of the terrorist crimes

committed by the aforementioned as not constituting a call to violence are incorrect

interpretations on the basis of the source’s personal opinions and clearly contradict

international standards contained in international human rights law. The Government recalls

the Security Council resolutions related to combatting terrorism acts, which are consistent

with the measures taken by Saudi Arabia to combat them.

74.

The laws of Saudi Arabia prohibit the criminalization and punishment of any person

for his political opinions, and there is no person sentenced to imprisonment or other

punishment for discriminatory reasons in the country, whether for political or other opinions.

All persons are equal before the law and under it and have the right, without any

discrimination and on an equal footing, to the protection and benefit provided by the law, and

all citizens and residents are treated equally before the law.

75.

The Government asserts that Mr. Al Wadaei’s case was considered by an independent,

impartial and legally competent court, namely, the Specialized Criminal Court, in a fair and

public trial.

76.

Moreover, Saudi Arabia provides detainees with appropriate and free healthcare.

77.

Lastly, Saudi Arabia reminds the Working Group of the need to fully adhere to its

working methods and to the Code of Conduct for Special Procedures Mandate Holders of the

Human Rights Council.

(c)

Additional comments from the source

78.

On 16 September 2024, the source provided further comments to the reply by the

Government in which it reiterated its earlier submission to the Working Group.

79.

The source contends that, although the Government states Mr. Al Wadaei was

convicted of terrorist crimes under the law on crimes of terrorism and its financing, including

supporting a terrorist entity and spreading false news with intent, it has provided no facts,

evidence or proof to support these claims.

80.

The source asserts that the publications of Mr. Al Wadaei presented as evidence by

the prosecution merely reflect his opinion and do not pose any genuine threat. Although the

State Party claims that his arrest and detention were for terrorism-related offences, it is

evident that Mr. Al Wadaei was convicted primarily as a reprisal for the criticism that he

directed at the authorities.

81.

Furthermore, the source argues that the Government’s assertion that Mr. Al Wadaei

was, at his request, granted legal counsel on the day of his arrest is inaccurate, given that he

did not meet his lawyer until his first hearing before the Specialized Criminal Court, on

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12 November 2023. It was during that first hearing that he was astonished to learn about his

prosecution under the law on crimes of terrorism and its financing, contrary to the

Government’s assertion that he was informed of the charges on the day of his arrest.

82.

Owing to the authorities denying him legal counsel during detention, Mr. Al Wadaei

was unable to prepare his defence properly. Under those conditions, he was compelled to

“admit” and “confess” charges. The source argues that he acknowledged authoring social

media posts only but never admitted the criminal intent required under anti-terrorism laws.

83.

The source asserts that the Government failed to provide evidence of Mr. Al Wadaei’s

“terrorist intent”. His statements do not show the criminal intent required under the

anti-terrorism law. The source argues that this suggests that he has been presumed guilty and

is being punished by any means necessary.

84.

The source regrets that the Government did not provide details about Mr. Al Wadaei’s

initial hearing before the Specialized Criminal Court and repeats the claim of a violation of

his right to a prompt trial. The source also argues that the Government failed to clarify

whether alternative measures to prolonging his pretrial detention were considered, making

his detention legally unfounded.

2.

Discussion

85.

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

notes that many of the submissions from the Government recited domestic laws in detail

without explaining in detail how they applied in the circumstances of the case. As the

Working Group has previously reiterated, even when the detention of a person is carried out

in conformity with national legislation, the Working Group must ensure that the detention is

also consistent with the relevant provisions of international law.12

86.

In determining whether a person’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 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.13

87.

The source has argued that the detention of Mr. Al Wadaei is arbitrary and falls under

categories I, II, III and V. The Working Group shall proceed to examine these in turn.

(a)

Category I

88.

The source submits that Mr. Al Wadaei’s arrest on 19 October 2022 and subsequent

detention lack any legal basis or justification and are thus arbitrary under category I. The

source argues that Mr. Al Wadaei was not presented with an arrest warrant nor informed of

the reasons for his arrest at the moment of his arrest and was not informed promptly of the

charges against him.

89.

In its response, the Government explained that an arrest warrant was issued against

Mr. Al Wadaei by a competent and independent authority on the basis of the accusation of

committing serious terrorist crimes that warrant arrest and are punishable under the law on

crimes of terrorism and its financing, and that he was informed on the same day he was

arrested, on 19 October 2022, of the reasons for his arrest and the charges that he was facing.

90.

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

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

of Human Rights and in principles 2 and 10 of the Body of Principles. The Working Group

has previously stated that, for the deprivation of liberty to have a legal basis, it is not sufficient

that there is a law under which the arrest may be authorized. The authorities must invoke that

legal basis and apply it to the circumstances of the case.14 This is done typically through an

12 Opinions No. 46/2011, No. 42/2012, No. 50/2017, No. 79/2017, No. 1/2018, No. 20/2018,

No. 37/2018, No. 50/2018 and No. 77/2020.

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

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

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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.15

91.

The Working Group notes that the Government did not indicate in its response at what

point during the series of events the arrest warrant was shown to Mr. Al Wadaei at the time

of his arrest. 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

neither explains how the arrest was conducted nor who conducted it. This contrasts with the

more detailed account provided by the source, which submits that Mr. Al Wadaei was

arrested by security forces of Saudi Arabia in uniform while he was travelling from Sana’a

to Saudi Arabia through the Wadi’ah border crossing, and that he held a residence permit.

While the Government asserts that Mr. Al Wadaei 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 therefore not satisfied that Mr. Al Wadaei was

presented with an arrest warrant at the time of his arrest, irrespective of whether one was duly

issued. It finds that Mr. Al Wadaei’s arrest violates article 9 of the Universal Declaration of

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

92.

Furthermore, the Working Group observes the source’s allegation that Mr. Al Wadaei

was held incommunicado for three months, from his arrest to 19 January 2023, before being

allowed to contact his family. The Government notes that the law grants the investigating

authority the right to prevent the accused from contacting others for a specific period when

exceptional necessities in the investigation require this, without prejudice to the accused’s

right to contact their family or legal representative.

93.

The Working Group notes that prompt and regular access to family members, as well

as to independent medical personnel and lawyers, is an essential and necessary safeguard for

the prevention of torture and for protection against arbitrary detention and the infringement

of personal security. 16 Prohibitions against incommunicado detention are included in

principles 15 and 19 of the Body of Principles and rules 43 (3), 58 and 68 of the Nelson

Mandela Rules. Absent any substantiation from the Government regarding the period of this

incommunicado detention, or the reasons for it, the Working Group finds a violation of

principles 15 and 19 of the Body of Principles and rules 43 (3), 58 and 68 of the Nelson

Mandela Rules. For these reasons, the Working Group finds an additional violation of

Mr. Al Wadaei’s rights under article 8 and 9 of the Universal Declaration of Human Rights.17

94.

The source further submits that Mr. Al Wadaei was held in detention without being

charged or brought before a judicial authority for one year and four months. Reportedly, he

was brought before a court – the Specialized Criminal Court – for the first time only on

12 November 2023. It was also at this time when he first learned of the charges brought

against him, on the basis of the law on crimes of terrorism and its financing and the anti-

cybercrime law in connection to the posts that he had made on his social media account. The

Government refutes these allegations and asserts that Mr. Al Wadaei was informed on the

same day of his arrest of his legal rights and signed to acknowledge this, and well as the

charges against him, in accordance with the Code of Criminal Procedure and its executive

regulations, and he was ordered to appear before the court in accordance with article 135 of

the Code.

95.

The Working Group recalls that, according to 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, the right to challenge the lawfulness of detention before

a court is a self-standing human right, which is essential to preserve legality in a democratic

society.18

15 Opinions No. 88/2017, para. 27; No. 3/2018, para. 43; and No. 30/2018, para. 39. In cases of arrests

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

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

17 See opinions No. 28/2016 and No. 79/2017.

18 A/HRC/30/37, paras. 2–3.

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11

96.

In its response, the Government did not provide specific dates during which Mr. Al

Wadaei was brought before the Court. The Working Group therefore considers that Mr. Al

Wadaei was denied the right to take proceedings before a court promptly to challenge the

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

Rights and principles 11, 32 and 37 of the Body of Principles.19 Furthermore, the Working

Group considers that judicial oversight of detention is a fundamental safeguard of personal

liberty20 and is essential to ensuring that detention has a legal basis. Given that Mr. Al Wadaei

was unable to challenge the legality of his detention, his rights under articles 8 and 10 of the

Universal Declaration of Human Rights were also violated.

97.

For these reasons, the Working Group considers that the deprivation of liberty of

Mr. Al Wadaei lacks a legal basis and is thus arbitrary, falling under category I.

(b)

Category II

98.

The source argues that Mr. Al Wadaei’s deprivation of liberty results from the exercise

of his right to freedom of speech and expression, given that his charges related to some of his

posts on social media, in particular the post concerning the killing of a Saudi dissident

journalist in October 2018. The Government states that there is no one in Saudi Arabia

detained for exercising their rights and freedoms and that Mr. Al Wadaei was sentenced to

19 years’ imprisonment owing to his proven conviction of committing a number of terrorist

crimes, including his support for a terrorist entity, and publishing false and malicious news

and rumours with the intent to carry out a terrorist crime, punishable under articles 34, 43

and 44 of the law on crimes of terrorism and its financing.

99.

The Working Group notes that article 19 of the Universal Declaration of Human

Rights protects the right to freedom of expression, which includes the freedom to seek,

receive and impart information and ideas through any media, regardless of frontiers. This

right includes political discourse and commentary on public affairs. It protects the holding

and expression of opinions, including those that are critical of or not in line with government

policy.21 Weighing the submissions of both parties, the Working Group considers that Mr. Al

Wadaei’s conduct fell within the right to freedom of opinion and expression, protected under

article 19 of the Universal Declaration of Human Rights, and that he was detained for

peacefully exercising those rights through his posts on social media.

100.

Furthermore, the Working Group observes that, according to the source, Mr. Al

Wadaei was prosecuted and sentenced on the basis of a law that does not meet the

requirements of lex certa, namely, the law on crimes of terrorism and its financing and the

anti-cybercrime law. The source asserts that Mr. Al Wadaei’s conviction is based on

provisions of the law on crimes of terrorism and its financing, which contains a definition of

a “terrorist crime” in article 1 that is, according to several special procedure mandate holders,

including the Special Rapporteur on the promotion and protection of human rights and

fundamental freedoms while countering terrorism,22 and the Committee against Torture,23

broad and vague, thereby enabling the criminalization of a wide spectrum of acts of peaceful

expression and opinion.

101.

In response, the Government rejects the source’s claims and asserts that all laws in

Saudi Arabia are formulated with sufficient precision and clarity, that the law on crimes of

terrorism and its financing contains clear definitions of the crime of terrorism and the crime

of financing terrorism in a manner consistent with international rules and the Government’s

international obligations, and that the principle of legal certainty is one of the basic standards.

102.

The Working Group recalls that it has previously stated that vaguely and broadly

worded provisions, such as the anti-cybercrime law and the law on crimes of terrorism and

its financing, which cannot qualify as lex certa, violate the principle of legality in

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

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

21 Opinions No. 79/2017, para. 55; and No. 8/2019, para. 55.

22 See communication SAU 12/2020, p. 6.

23 CAT/C/SAU/CO/2, para. 16.

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article 11 (2) of the Universal Declaration of Human Rights.24 The Working Group considers

that charges and convictions under the provisions of these laws, which allow for the

criminalization of peaceful expression, enable arbitrary interpretation and make it difficult

for citizens to determine how to act in order to comply with the law and cannot be regarded

as consistent with the Universal Declaration of Human Rights. 25 The Working Group

reiterates these findings in relation to the application of these provisions regarding Mr. Al

Wadaei’s case and therefore finds a violation of article 11 (2) of the Universal Declaration

of Human Rights.

103.

For all the above, the Working Group concludes that Mr. Al Wadaei’s deprivation of

liberty is arbitrary under category II, given that it resulted from his exercise of the rights and

freedoms guaranteed under article 19 of the Universal Declaration of Human Rights.

(c)

Category III

104.

Given the findings that the deprivation of liberty of Mr. Al Wadaei is arbitrary under

category II, the Working Group emphasizes that no trial should have taken place. However,

because the trial has taken place, the Working Group will consider whether the alleged

violations of the right to a fair trial and due process were sufficiently grave to give the

deprivation of liberty an arbitrary character, such that it falls within category III.

105.

The source submits that Mr. Al Wadaei was denied access to legal counsel. According

to the source, although a State-appointed lawyer was assigned to Mr. Al Wadaei in May 2023,

he was able to meet his lawyer only at his first hearing before the Specialized Criminal Court,

on 12 November 2023. The Government states that, on the day of his arrest, Mr. Al Wadaei

was informed of his legal rights, including the right to seek the assistance of a representative

or lawyer, and that he sought the assistance of his family member to be his legal

representative and requested the appointment of a lawyer of his choice at the expense of the

State. The Government further asserts that the trial sessions continued in the presence of

Mr. Al Wadaei, his lawyer and the public prosecutor.

106.

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.26 The Working Group notes that the Government does not specify when Mr. Al

Wadaei was able to meet with his lawyer. Moreover, the Working Group has already

established that Mr. Al Wadaei was held incommunicado for the first three months after his

arrest. Absent any substantiated information from the Government to the contrary, the

Working Group considers that the Government failed to respect Mr. Al Wadaei’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. Therefore, the Working Group finds a violation 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 Nelson 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.

107.

Furthermore, the source claims that Mr. Al Wadaei’s lack of regular access to his

lawyer had a detrimental impact on his ability to prepare and present a defence. The Working

Group therefore finds that Mr. Al Wadaei’s right to equality of arms before the courts, to

adequate time to prepare a defence and to a fair hearing under articles 10 and 11 (1) of the

Universal Declaration were violated.

108.

The Working Group also takes note of the source’s allegation that Mr. Al Wadaei was

transferred to a detention facility in Najran operated by the State security service and

24 Opinions No. 10/2018, paras. 54–56; No. 71/2019, para. 73; No. 30/2022, para. 80; No. 26/2024,

para. 101; and No. 71/2024, para. 119.

25 See opinions No. 46/2011 and No. 45/2019; and A/HRC/41/7, paras. 38.73 and 38.171.

26 A/HRC/30/37, annex, principle 9 and guideline 8; CAT/C/SAU/CO/2, paras. 14 and 15; and opinion

No. 86/2020, para. 78.

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GE.25-09431

13

controlled by the Ministry of Interior, where he was held for a period of two weeks and

interrogated without access to a lawyer or contact with his family. The Government, in its

response, asserts that Mr. Al Wadaei confessed to the charges attributed to him before the

judiciary. In its further comments, the source contends that, in reality, Mr. Al Wadaei

acknowledged only being the author of the publications shared on his personal social media

account and that he never admitted to having any criminal intent under the anti-terrorism

legislation. In this regard, as the Working Group has stated before, confessions made in the

absence of legal representation are not admissible as evidence in criminal proceedings.27

109.

With regard to the source’s argument that Mr. Al Wadaei was tried before the

Specialized Criminal Court, it recalls that the Committee against Torture expressed its

concerns about that Court’s insufficient independence from the Ministry of Interior. 28

According to the source, its judges are appointed by the Supreme Judicial Council and that

some are appointed directly by the King. Because of this external influence, the source

argues, this Court cannot be considered an impartial or independent body. The Government

has not refuted these allegations for the specific case and has claimed only that the Court is

independent, impartial and legally competent.

110.

Noting the source’s submission that the Specialized Criminal Court has suffered from

undue influence from the executive branch and the argument regarding the lack of

independence relating to judges’ appointments, the Working Group reiterates its previous

findings that the Court cannot be considered an independent and impartial tribunal, 29 a

concern shared by the Committee against Torture.30 The Working Group further notes the

assessment of the Special Rapporteur on the promotion and protection of human rights and

fundamental freedoms while countering terrorism regarding the lack of independence of the

Court.31 Similarly, the Committee has noted that the Court has repeatedly refused to act on

claims made by defendants facing terrorism charges who allege that they were subjected to

torture or ill-treatment during interrogation.32

111.

The Working Group concludes that the trial of Mr. Al Wadaei before the Specialized

Criminal Court is in violation of article 10 of the Universal Declaration of Human Rights.

The Working Group refers the present case to the Special Rapporteur on the independence

of judges and lawyers for appropriate action.

112.

Lastly, the Working Group observes that, according to the source, Mr. Al Wadaei was

not tried without undue delay, given that more than one year elapsed between his arrest in

October 2022 and his trial in November 2023. The Government did not provide any dates

with regard to when Mr. Al Wadaei’s trial began. The reasonableness of any delay in bringing

a case to trial must be assessed in the circumstances of each case, taking into account the

complexity of the case, the conduct of the accused and the manner in which the matter was

dealt with by the authorities. Absent any justification from the Government, the Working

Group considers that the delay in bringing Mr. Al Wadaei to trial was unacceptably long, in

violation of articles 10 and 11 (1) of the Universal Declaration of Human Rights and principle

38 of the Body of Principles. As noted above, Mr. Al Wadaei should never have been detained

for the peaceful exercise of his rights under international human rights law, and the delay in

trying him was unacceptable.

113.

Given the above considerations, the Working Group concludes that the violations of

Mr. Al Wadaei’s right to a fair trial and due process are of such gravity as to give his

deprivation of liberty an arbitrary character that falls within category III.

27 A/HRC/45/16, para. 53. See also opinions No. 73/2019, para. 91; No. 59/2019, para. 70; No. 14/2019,

para. 71; No. 1/2014, para. 22; and E/CN.4/2003/68, para. 26 (e).

28 CAT/C/SAU/CO/2, para. 17.

29 Opinions No. 22/2019, para. 74; No. 26/2019, para. 102; No. 56/2019, para. 86; and No. 71/2019,

para. 44.

30 CAT/C/SAU/CO/2, para. 17.

31 A/HRC/40/52/Add.2, para. 47.

32 CAT/C/SAU/CO/2, para. 17.

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(d)

Category V

114.

The source submits that Mr. Al Wadaei’s arrest, prosecution and treatment are the

direct result of his political opinion. According to the source, he was arrested and detained

for his posts on his social media account and sentenced to a lengthy prison term, on the basis

solely of his social media posts, on terrorism charges, even though he had no connection to

terrorism. The Government states that Mr. Al Wadaei was sentenced to 19 years in prison for

having committed a number of terrorist crimes, including his support for a terrorist entity,

and publishing false and malicious news and rumours with the intent to carry out a terrorist

crime, punishable under articles 34, 43 and 44 of the law on crimes of terrorism and its

financing, according to the evidence established by the Specialized Criminal Court and the

discussions and statements included in the trial. Moreover, the Government states that the

laws of Saudi Arabia prohibit the criminalization and punishment of any person for his

political opinions, and there is no person sentenced to imprisonment or other punishment for

their political opinions in Saudi Arabia.

115.

The source further contends that the publications of Mr. Al Wadaei that were

presented as evidence by the prosecution merely reflect his opinion and do not pose any

genuine threat. Although the Government in its response claims that his arrest and detention

were for terrorism-related charges, the source claims that it is evident that he was convicted

primarily as a reprisal for his criticism of the authorities.

116.

In the discussion above concerning category II, the Working Group established that

Mr. Al Wadaei’s detention resulted from the peaceful exercise of his fundamental rights.

When detention has resulted from the active exercise of civil and political rights, as is the

case here, there is a strong presumption that detention also constitutes a violation of

international law on the grounds of discrimination based on political or other views.33

117.

Having reviewed the submissions of the source and the Government, the Working

Group finds credible the source’s submission that Mr. Al Wadaei’s arrest, conviction and

lengthy sentence are to silence and punish him for sharing his views online peacefully, an

activity that is expressly protected under international law.

118.

The Working Group therefore finds that Mr. Al Wadaei was deprived of his liberty

on discriminatory grounds because of his political opinion. His detention violates articles 2

and 7 of the Universal Declaration of Human Rights and is arbitrary under category V.

(e)

Concluding remarks

119.

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

international human rights obligations in more than 75 cases.34 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

and to prevent and punish them if they are committed.

120.

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

with the Human Rights Council and its various mechanisms, including the special

procedures. In this light 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.

33 Opinions No. 88/2017, para. 43; No. 13/2018, para. 34; and No. 59/2019, para. 79.

34 See, for example, decisions No. 40/1992 and No. 48/1995; and opinions No. 8/2002, No. 25/2004,

No. 34/2005, No. 9/2006, No. 4/2007, No. 6/2008, No. 21/2009, No. 11/2011, No. 8/2012,

No. 32/2013, No. 32/2014, No. 52/2016, No. 10/2017, No. 68/2018, No. 56/2019, No. 33/2020,

No. 34/2021, No. 29/2022, No. 17/2023, No. 10/2024, No. 26/2024 and No. 71/2024.

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15

3.

Disposition

121.

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

The deprivation of liberty of Mohammed Ali Hussein Al Wadaei, being in

contravention of articles 2, 3, 7, 8, 9, 10, 11 and 19 of the Universal Declaration of

Human Rights, is arbitrary and falls within categories I, II, III and V.

122.

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

necessary to remedy the situation of Mr. Al Wadaei without delay and bring it into conformity

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

Human Rights. The Working Group encourages the Government to ratify the International

Covenant on Civil and Political Rights.

123.

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

case, the appropriate remedy would be to release Mr. Al Wadaei immediately and accord him

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

law.

124.

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

investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Al

Wadaei and to take appropriate measures against those responsible for the violation of their

rights.

125.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Special Rapporteur on the independence of judges and lawyers.

126.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

127.

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. Al Wadaei has been released and, if so, on what date;

(b)

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

(c)

Whether an investigation has been conducted into the violation of Mr. Al

Wadaei’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.

128.

The Government is invited to inform the Working Group of any difficulties that 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.

129.

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 of any failure to take action.

130.

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

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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 that they have taken.35

[Adopted on 9 April 2025]

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