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A/HRC/WGAD/2025/37

Opinion No. 37/2025 concerning Bassam Shukri Ahmed Mutahar Al Jalladi (Yemen and Saudi Arabia)

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

Opinion; Subjects: YEMEN, 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.25-08318 (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. 37/2025 concerning Bassam Shukri Ahmed Mutahar

Al Jalladi (Yemen and 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 22 July 2024 the Working Group

transmitted to the Government of Saudi Arabia and the Government of Yemen a

communication concerning Bassam Shukri Ahmed Mutahar Al Jalladi. The Government of

Saudi Arabia replied to the communication on 11 September 2024. The Government of

Yemen has not replied. Yemen is a party to the International Covenant on Civil and Political

Rights, while Saudi Arabia is not.

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

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/37

General Assembly

Distr.: General

11 June 2025

Original: English

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

(category V).

1.

Submissions

(a)

Communication from the source

4.

Bassam Shukri Ahmed Mutahar Al Jalladi, born on 26 September 1990, is a Yemeni

national. His usual place of residence is Khanfar District, Yemen.

(i)

Arrest and detention

5.

According to the source, on 27 May 2019, Mr. Al Jalladi was arrested by Yemeni

military officers in uniform while applying to join the military police at its camp in Al-Mahra,

in the east of Yemen. The Yemeni military officers did not show him an arrest warrant or

provide him with the reasons for his arrest.

6.

The source notes that the military forces that arrested Mr. Al Jalladi are supervised

and controlled by a general affiliated with the internationally recognized Government of

Yemen and its Ministry of Defence. The Chairman of the Presidential Leadership Council

appointed this general as Commander of the Al-Ghaydah Military Axis, and he was later

promoted to the rank of major general in Al-Mahra Governorate.

7.

Following his arrest, Mr. Al Jalladi was immediately transferred to a military prison

located in Al-Mahra, where he was detained before being rendered to Saudi Arabia at the

beginning of June 2019.

8.

Reportedly, Mr. Al Jalladi’s rendition to Saudi Arabia in June 2019 was issued by the

military police of Al-Mahra Governorate affiliated with the Yemeni Ministry of Defence.

The source submits that his rendition to Saudi Arabia took place without any legal procedure,

notice to his family or judicial review and without being able to consult a lawyer.

9.

According to the source, a member of Mr. Al Jalladi’s family travelled to the military

police camp in Al-Mahra Governorate to meet the general – the commander of the camp –

but he was not allowed to enter, and the general refused to listen to him.

10.

Once in Saudi Arabia, Mr. Al Jalladi was taken to Asir Prison, Abha, in the south-west

of the country.

11.

The source reports that from his arrest until 18 September 2019, a period of

approximately four months, Mr. Al Jalladi was held incommunicado, deprived of any contact

with the outside world. Furthermore, he was subjected to enforced disappearance from the

time of his rendition to Saudi Arabia in June 2019 until he was allowed to contact his family

for the first time on 18 September 2019.

12.

On 18 September 2019, Mr. Al Jalladi was permitted to make a brief telephone call to

his family for the first time, while held in Asir Prison, Abha. From then, he was permitted

one brief weekly call until October 2022, when the calls were abruptly stopped. Thereafter,

he was reportedly held incommunicado, with his whereabouts and condition unclear.

13.

In March 2022, he was transferred to Dhahban Central Prison, in Jeddah, where he is

believed to currently be detained.

14.

On 5 June 2022, Mr. Al Jalladi was first brought before a judge, during his first

hearing before the Specialized Criminal Court. This was the first time that he had been able

to meet with his State-appointed lawyer since his arrest.

15.

The source submits that he had previously been arrested in Yemen in March 2016 by

the Security Belt Forces – acting for a third State – on grounds of affiliation with a terrorist

organization. He was reportedly tortured. In February 2019, he was released following a

decision not to prosecute.

16.

Mr. Al Jalladi was recently sentenced to 36 years’ imprisonment by the Specialized

Criminal Court in Saudi Arabia for the same offences that had led to non-prosecution in 2019

in Yemen.

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(ii)

Legal analysis

17.

The source submits that Mr. Al Jalladi’s arrest and detention are arbitrary under

categories I and III.

a.

Category I

Extrajudicial rendition and State responsibility of Yemen

18.

The source submits that Mr. Al Jalladi’s arrest, extrajudicial rendition and

incommunicado detention occurred outside any legal framework and must be attributed to

both Saudi Arabia and Yemen, making his continued detention without legal basis.

19.

It argues that Mr. Al Jalladi had no opportunity to challenge the legality of his

rendition to Saudi Arabia. His arrest was not subject to judicial review in Yemen and occurred

without legal procedures, under an agreement between Yemen and Saudi Arabia.

20.

Reportedly, Mr. Al Jalladi had previously been arrested and prosecuted by Yemeni

authorities in March 2016 for alleged affiliation with a terrorist group, but he had been

released in February 2019 following a decision not to prosecute. Despite that, he was arrested

again in Yemen on 27 May 2019 and transferred to Saudi Arabia in June 2019 based on the

same facts, despite the risk of arbitrary detention.

21.

Given the charges against Mr. Al Jalladi and the absolute principle of non-refoulment,

Yemeni authorities knew that his transfer to Saudi Arabia risked arbitrary detention and

torture, as documented in other similar cases.

22.

The source asserts that Mr. Al Jalladi’s rendition to Saudi Arabia violates the principle

of non-refoulment under article 3 of the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment.

Arbitrariness of deprivation of liberty in Saudi Arabia

23.

The source submits that Mr. Al Jalladi was arrested without an arrest warrant and was

not informed of the reasons for his arrest or the charges against him. He was only notified of

the official charges several months after his arrest, on 5 June 2022, during his first hearing

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

Declaration of Human Rights.

24.

He was prosecuted and sentenced under a law that does not meet the lex certa

requirement and thus makes it impossible to invoke a legal basis to justify his detention. His

conviction relies on the Anti-Terrorism Law, article 1 of which defines “terrorist crime” in a

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

expression and opinion, according to human rights mechanisms.2

25.

Furthermore, Mr. Al Jalladi was detained incommunicado for approximately four

months – from his arrest on 27 May 2019 until 18 September 2019 – placing him outside

legal protection and safeguards. Such deprivation of liberty lacks any valid legal basis and is

inherently arbitrary, in violation of articles 3, 6 and 9 of the Universal Declaration of Human

Rights.3

26.

Throughout his incommunicado detention, he was unable to challenge the lawfulness

of his detention before a court. He was only brought before a judge on 5 June 2022, denying

him prompt judicial review and the right to challenge his detention without delay.

27.

The source argues that Mr. Al Jalladi was denied legal assistance from the moment of

his arrest, impairing his ability to challenge his detention, in violation of articles 8 and 10 of

the Universal Declaration of Human Rights.

2 CAT/C/SAU/CO/2, para. 16; and see communication SAU 12/2020, available at

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

p. 6.

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

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b.

Category III

28.

The source asserts that the failure to comply with international standards of fair trial

renders Mr. Al Jalladi’s detention arbitrary under category III.

29.

Reportedly, he was assigned a lawyer whom he was only able to meet at his first

hearing before the Specialized Criminal Court on 5 June 2022.

30.

The source argues that the absence of legal counsel immediately after Mr. Al Jalladi’s

arrest prevented him from preparing an adequate defence, including accessing his criminal

files.4 These violations undermined his ability to defend himself in judicial proceedings,

contrary to 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 under Any Form of

Detention or Imprisonment.

31.

Furthermore, he was detained without charges from the times of his arrest on 27 May

2019 until his trial began in 2022. It was only during his first hearing, on 5 June 2022, that

he was informed of the official charges against him and the reasons for his detention.

Consequently, he was deprived of his right to be tried within a reasonable time, contrary to

principles 38 and 39 of the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment.

32.

The source argues that prosecuting Mr. Al Jalladi for acts he had previously been

prosecuted for and then released, without new evidence, presumes his guilt, showing the

Saudi authorities’ intent to punish him regardless of substantial evidence, in violation of his

right to be presumed innocent under article 11 (1) of the Universal Declaration of Human

Rights and principle 36 (1) of the Body of Principles for the Protection of All Persons under

Any Form of Detention or Imprisonment.

33.

The source recalls the non bis in idem principle, which prohibits retrial for acts already

judged by a final decision. Despite this, after his transfer to Saudi Arabia, Mr. Al Jalladi was

reportedly prosecuted again for the same facts previously dismissed in Yemen, without new

evidence, and sentenced to 36 years for alleged terrorist affiliation.

34.

The source notes that judges of the Specialized Criminal Court are appointed by the

Supreme Judicial Council, which, under the 2007 Law of Judiciary, includes a Chair and

10 members – seven appointed directly by the King, along with the Director of the Public

Prosecution Service. The source argues that the influence of the King and the Public

Prosecutor over the Council undermines the Court’s impartiality and independence, 5

violating the presumption of innocence and the right to defence under articles 10 and 11 of

the Universal Declaration of Human Rights.

(b)

Responses from the Governments

35.

On 22 July 2024, the Working Group transmitted the allegations from the source to

the Governments of Saudi Arabia and Yemen under its regular communication procedure.

The Working Group requested the Governments to provide detailed information by

20 September 2024 about the current situation of Mr. Al Jalladi and to clarify the legal

provisions justifying his arrest and his continued detention. Moreover, the Working Group

called upon the Governments to ensure the physical and mental integrity of Mr. Al Jalladi.

36.

The Government of Yemen did not provide a response. The Government of Saudi

Arabia submitted its response on 11 September 2024.

37.

In its response, the Government of Saudi Arabia affirms its cooperation with

United Nations human rights mechanisms, stating that it responds to their enquiries and

requests, fulfils its international obligations arising from its accession to human rights

agreements and ensures that its procedures align with international human rights law and

standards, clarifying all relevant facts.

4 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 (A/HRC/30/37), principle 9, para. 12.

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

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38.

The Government of Saudi Arabia submits that the information by the source contains

unfounded allegations lacking evidence. Saudi Arabia investigates claims and clarifies facts

as part of its cooperation with international human rights mechanisms. The Government

rejects the claim that Mr. Al Jalladi’s case is arbitrary.

39.

Concerning Mr. Al Jalladi’s arrest, investigation and trial, the Government asserts that

he was arrested on 23 May 2019 under an arrest warrant issued by the competent authority,

after evidence had become available proving that he had committed terrorist crimes

punishable under the Counter-terrorism and Financing of Terrorism Act, including:

(a)

Joining Al-Qaida and participating in its activities;

(b)

Assisting Al-Qaida and transporting its members;

(c)

Transporting weapons and ammunition for Al-Qaida to commit terrorist

crimes;

(d)

Financing terrorism by receiving funds from Al-Qaida for committing terrorist

crimes.

40.

The Government notes that the competent authority issued an arrest warrant against

Mr. Al Jalladi, which was founded on a legal basis permitting his arrest, as the alleged crimes

are considered major and require arrest. Mr. Al Jalladi was lawfully detained by the

competent authority in the General Investigation Prison in Buraidah, with the right to object

to the legality of his detention under the law.

41.

The Government contends that Mr. Al Jalladi was immediately informed, on the date

of his arrest, of the reasons for his arrest, and his legal rights, including the right to legal

counsel during investigation and trial, in accordance with article 4 (1) of the Code of Criminal

Procedure. He acknowledged this with his signature. He was also informed of the charges

and of his right to contact anyone necessary regarding his detention, in accordance with

articles 36 (1), 101 (1) and 116 of the Code of Criminal Procedure and article 22 of its

executive regulations.

42.

The Government submits that the Ministry of Foreign Affairs informed the Embassy

of Yemen in Riyadh of Mr. Al Jalladi’s arrest and detention and the reasons for it, in line

with the Vienna Convention on Consular Relations.

43.

The Government asserts that Saudi Arabia does not issue arrest or detention orders

solely on the basis of legislation, but only when supported by documented evidence of a

punishable criminal act. Such orders are issued by a competent authority, in strict compliance

with the law, by authorized personnel. Detention or imprisonment is carried out only in

designated facilities and for the period set by the competent authority, in accordance with

article 2 of the Code of Criminal Procedure.

44.

Arrest and detention orders are overseen by the Public Prosecution, part of the judicial

authority, and by the competent court. The accused may seek redress through these channels

if their rights are violated. The actions taken against Mr. Al Jalladi comply with international

human rights standards, including articles 3 and 9 of the Universal Declaration of Human

Rights and principles 2, 4, and 10 of the Body of Principles for the Protection of All Persons

under Any Form of Detention or Imprisonment.

45.

After the investigations concluded, the Public Prosecution referred Mr. Al Jalladi’s

case to the Specialized Criminal Court, in accordance with article 15 of the Code of Criminal

Procedure and article 3 (b) and (c) of the Public Prosecution Law. He was then charged based

on sufficient evidence, including his confession before the judiciary, arrest and search

records, and technical reports, as per article 126 of the Code of Criminal Procedure. He was

then summoned to appear before the Court under article 135 of the Code of Criminal

Procedure.

46.

The Government notes that Mr. Al Jalladi was informed of his right to appoint a

lawyer or agent, and that if he lacked the financial means, he could request a lawyer at the

State’s expense, in accordance with article 139 of the Code of Criminal Procedure. He did,

in fact, seek legal assistance from a lawyer of his choice, funded by the State.

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47.

The trial sessions proceeded in the presence of Mr. Al Jalladi, his legal representative

and the Public Prosecutor, in accordance with article 160 of the Code of Criminal Procedure.

48.

The Government submits that a preliminary, appealable ruling sentenced

Mr. Al Jalladi to prison after he was found guilty of multiple terrorist crimes under the

Counter-terrorism and Financing of Terrorism Act. His conviction was based on evidence

and statements presented during the trial.

49.

The Government submits that the court verified all evidence against Mr. Al Jalladi,

fully respecting the international obligations of Saudi Arabia, and evaluated the facts and

charges brought against him.

50.

The Government notes that Mr. Al Jalladi was granted the right to appeal within

30 days of receiving the ruling, in accordance with article 192 (1) of the Code of Criminal

Procedure. This article allows the convicted person, the Public Prosecutor and the private

claimant to request an appeal or review within the prescribed period, and requires the court

to inform them of this upon pronouncing the judgment.

51.

The judgment was appealed both by the Public Prosecutor and by Mr. Al Jalladi

through his legal representative. The case was submitted to the Specialized Criminal Court

of Appeal, which held several sessions in their presence.

52.

The Government states that Mr. Al Jalladi was sentenced to 36 years in prison, starting

from the date of his arrest, for committing terrorist crimes. These included joining and

supporting Al-Qaida, transporting its members, weapons and ammunition, and financing

terrorism by receiving funds from the group. The sentence was issued under articles 33, 38,

39, 47 and 55 of the Counter-terrorism and Financing of Terrorism Act.

53.

The Government contends that no objection was submitted to the Supreme Court

within the legal time frame, completing the judicial review process. The ruling is now final

and enforceable, and Mr. Al Jalladi is currently serving his sentence.

54.

Since his arrest, Mr. Al Jalladi has received necessary medical care and enjoys good

health.

55.

The Government affirms that every detainee has the right to challenge the legality of

arrest or detention under article 115 of the Code of Criminal Procedure. This article requires

delivery of the original detention order to the Director of Detention, with a signed

acknowledgment. Detainees may appeal arrest or detention extensions to the head of the

investigator’s department, its branch head or the Public Prosecutor, who must make a

decision within five days. The Public Prosecution, an independent judicial body, operates

without external interference, ensuring protection of detainees’ rights and personal freedom.

56.

The Public Prosecution presented evidence proving Mr. Al Jalladi’s involvement in

serious terrorist crimes, which included arrest and search records, technical reports, witness

statements, and his voluntary confession before both the investigating authority and the

judiciary, in accordance with article 101 (2) of the Code of Criminal Procedure.

57.

The Government submits that the laws of Saudi Arabia guarantee every accused

person a fair and public trial before a competent, independent court, with the right to legal

representation, and self-defence, and to appeal the ruling before higher courts.

58.

The Government affirms that the laws of Saudi Arabia are clear, precise and publicly

accessible, allowing individuals to understand and regulate their behaviour accordingly.

Saudi Arabia is committed to the human rights treaties it has joined, and its laws are regularly

reviewed and updated in line with local and international developments. The Counter-

terrorism and Financing of Terrorism Act clearly defines terrorism and its financing in line

with international standards, outlining related procedures such as arrest, detention, legal

representation and trial. It also specifies penalties and provides for the establishment of

specialized centres for education, reform and rehabilitation to support reintegration. This

reflects the principle of legal certainty, a core element of the country’s criminal legislation.

59.

The Government submits that the Criminal Code clearly defines criminal acts and

their penalties to ensure public understanding and prevent unintentional violations. No one

may be punished for an act not explicitly prohibited by law. This clarity upholds legal

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certainty, protects the rights of the accused and prevents unjust application of the law, which

reflects the commitment of Saudi Arabia to criminal justice and individual rights.

60.

The principles of necessity and proportionality guide the legislation of Saudi Arabia,

ensuring that punishments align with the nature of the crime and are necessary to protect

human rights, public security and societal stability.

61.

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

under which punishment is personal and applied only for acts defined by law after the

relevant legal text has taken effect.

62.

The laws of Saudi Arabia guarantee the presumption of innocence, prohibiting

criminal penalties without a conviction for acts prohibited by sharia or law, following a

sharia-compliant trial. Legal safeguards ensure due process, protect the rights of the accused,

and maintain the presumption of innocence until a final judgment is issued.

63.

The Government notes that the laws of Saudi Arabia guarantee equality before the

law for all persons, without discrimination. Citizens and residents have equal access to legal

protection and the right to seek justice through national courts. Article 47 of the Basic Law

of Governance affirms that “the right to litigation is guaranteed equally”.

64.

The laws of Saudi Arabia guarantee every person a fair trial before an independent

and public judiciary grounded in Islamic law, which ensures justice and judicial

independence. Article 46 of the Basic Law of Governance states that the judiciary is

independent and that judges’ authority is limited to Islamic law. Article 1 of the Judicial Law

affirms judges’ independence and prohibits interference. Article 48 mandates courts to apply

Islamic law based on the Qur’an, Sunna, and regulations consistent with them, while article

49 grants courts jurisdiction over all crimes and disputes except those that come under the

Board of Grievances.

65.

The Human Rights Commission of Saudi Arabia reviewed Mr. Al Jalladi’s case and

found the procedures lawful and in compliance with human rights regulations. It reported no

rights violations and confirmed adherence to the applicable laws. The Commission continues

to monitor the situation of Mr. Al Jalladi as part of its mandate to ensure that rights and legal

guarantees are upheld.

66.

The Public Prosecution is an independent body, directly linked to the King, and part

of the judiciary. The law on the Public Prosecution guarantees it full independence, and no

one may interfere in its work.

67.

The Government affirms the separation of powers, with the judiciary and the

executive having distinct roles. The judiciary operates with full independence, as previously

noted.

68.

The Government refutes the source’s claims that Mr. Al Jalladi was detained

incommunicado for four months or denied legal rights. It affirms that all procedures complied

with international standards and the laws of Saudi Arabia, which prohibit arrest, detention or

imprisonment without legal authority and require detention only in designated places for

specified periods. This underscores the country’s respect for individual freedom and security.

69.

The Government asserts that Mr. Al Jalladi was not denied the right to challenge his

detention and could seek release if the detention was unlawful. This right, available from the

arrest date onwards, reflects the legislature’s commitment to protecting detainees’ rights.

70.

The Government reports that Mr. Al Jalladi is detained in the General Investigation

Prison in Buraidah, which is a known and designated detention place. There are no secret

detention places in Saudi Arabia. Since his arrest, he has had the right to visitation and

communication and to notify others of his arrest.

71.

Mr. Al Jalladi is entitled to legal assistance, and has engaged two legal representatives,

including one provided at the State’s expense.

72.

The Government wishes to clarify that investigating authorities may restrict the

accused’s contact for a limited time when necessary. Saudi laws prohibit arrest, detention or

imprisonment except by law and competent authority order, and only in designated places

for specified periods. This reflects the country’s respect for individual freedom and security.

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73.

The Government affirms that limiting the accused’s communication during

investigation, while preserving contact with family or legal counsel, is a legal procedure

aligned with international standards such as the United Nations Standard Minimum Rules for

the Treatment of Prisoners (the Nelson Mandela Rules) and the Body of Principles for the

Protection of All Persons under Any Form of Detention or Imprisonment. Saudi Arabia

strictly prohibits torture, and its anti-terrorism law allows contact restrictions only in

exceptional cases, not exceeding 90 days. Detainees can file complaints, which must be

promptly addressed by the prison authorities and the Public Prosecution, ensuring oversight

and protection of detainees’ rights. The prison or detention administration must designate an

independent office for the competent public prosecutor to follow up on the conditions of

prisoners or detainees.

74.

The Government notes that the Public Prosecutor’s instructions stress that isolation of

accused persons should be used only in exceptional cases, for the shortest period, based on

the seriousness of the crime and investigative needs. Such measures require approval by the

regional prosecution head or the Public Prosecutor and must not exceed the legally prescribed

period. The right of the accused to contact legal counsel remains protected. Prosecution

offices are tasked with monitoring detention centres and must seek the Attorney General’s

approval for any detention exceeding 15 days.

75.

All prisons and detention centres in the Saudi Arabia are subject to supervision and

inspection, with corrective measures taken for any violations. Members of the Public

Prosecution also supervise criminal investigation officers, as provided under article 25 of the

Code of Criminal Procedure.

76.

To strengthen oversight and protect detainees’ rights, the Human Rights Commission

is authorized under articles 6 (5) and 7 of its statute to visit prisons at any time without prior

approval, to investigate complaints and to take legal action. The National Society for Human

Rights, a civil society organization, also conducts visits and receives complaints. Both bodies,

along with the Public Prosecution, maintain offices in many prisons to monitor conditions

and address concerns. Saudi laws ensure justice for all, regardless of religion, race, gender or

nationality, and provide multiple redress mechanisms through judicial and human rights

institutions.

77.

The Government affirms that the measures in Mr. Al Jalladi’s case align with

international human rights standards, including articles 3, 6, 8, 9 and 11 (1) of the Universal

Declaration of Human Rights, as well as principles 17, 18 and 38 of the Body of Principles

for the Protection of All Persons under Any Form of Detention or Imprisonment and principle

9 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. It contends

that no violation falling under category I has occurred.

78.

The Government rejects the source’s allegations that Mr. Al Jalladi is being retried

for the same facts that led to the Yemeni authorities’ decision not to prosecute him, without

new evidence. The Government asserts that he was not tried in Saudi Arabia for crimes for

which a judgment had been issued previously, as the principle that a person may not be tried

twice for an act is one of the basic legal principles. The principle of ne bis in idem is upheld

under article 186 of the Code of Criminal Procedure and article 76 (1) of the Code of Sharia

Procedure, requiring courts to dismiss cases already ruled upon. This aligns with article 14 (7)

of the Covenant.

79.

The Counter-terrorism and Financing of Terrorism Act aims to combat terrorist crimes

and protect national and global security, in line with international standards and the United

Nations Global Counter-Terrorism Strategy. The Government recalls relevant Security

Council resolutions, namely Security Council resolution 1566 (2004) and Security Council

resolution 1377 (2001), as well as General Assembly resolution 60/288.

80.

The Government further contends that Mr. Al Jalladi was tried fairly and publicly by

an independent and impartial court – the Specialized Criminal Court, established under article

6 of the Judicial Law by the Supreme Council. This Court follows the same procedures as

other criminal courts and is part of the country’s judicial system. Judges are appointed by

royal order upon the recommendation of the Supreme Judicial Council, in accordance with

article 47 of the Judicial Law.

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81.

The Government affirms that detainees and prisoners receive free, comprehensive

medical care under Saudi laws. Upon entry, all undergo examinations and laboratory tests,

and a detailed medical report is prepared. Medical privacy is protected, and inmates are

referred to external hospitals when needed. Medications are provided, monitored by

specialists to ensure proper intake, and communication with families is encouraged to support

inmates’ well-being.

82.

The Government submits that the prison where Mr. Al Jalladi is detained has a fully

equipped hospital with specialized medical staff and clinics covering internal medicine,

urology, dermatology, dentistry, cardiology, neurology, X-rays, CT scans, MRI scans, and

more. Some medical cases are followed up on there and other surgery is performed in

government hospitals outside the prison.

83.

The Government affirms that the allegations presented to the Working Group are

unfounded, and that the procedures in Mr. Al Jalladi’s case comply with international human

rights standards, the country’s legal obligations, and relevant human rights agreements.

84.

In conclusion, the Government affirms its commitment to cooperating with

international human rights mechanisms by responding to letters, appeals and reports and

clarifying all relevant facts.

85.

The Government reminds the Working Group to fully adhere to its methods of work

and to the Code of Conduct for Special Procedure Mandate Holders of the Human Rights

Council, particularly articles 6 (b) and (c), 9 (a) and (d), 59 (h) and 12 (a).

(c)

Further comments from the source

86.

In its further comments, the source reiterated its submissions and provided further

information to rebut the Government’s submissions.

87.

The source claims that, contrary to the Government’s allegations, Mr. Al Jalladi was

never allowed to inform his family of his arrest and was cut off from all contact with the

outside world until 18 September 2019, when he was briefly allowed to call them from Asir

Prison. The anti-terrorism law allows 90 days of detention without family or legal contact, a

practice criticized by the Committee against Torture for lacking safeguards.6

88.

The source challenges the Government’s claim that every detainee can object to their

detention, arguing that Mr. Al Jalladi could not in practice challenge the lawfulness of his

detention because he was detained incommunicado and denied access to a lawyer. He was

brought before a judicial authority only on 5 June 2022, nearly two years after his arrest.

89.

The source disputes the Government’s claim that Mr. Al Jalladi was allowed to

appoint a lawyer, asserting he was denied legal counsel until his first hearing before the

Specialized Criminal Court on 5 June 2022. Only then did he learn that he was being

prosecuted under the anti-terrorism law, contrary to the Government’s claim that he was

informed upon arrest. This denial left him vulnerable, unable to defend himself or to

challenge his detention. The lack of counsel also impaired his defence, leading to a coerced

confession – which was also invalid, as Yemen had previously declined to prosecute the same

conduct.

90.

Moreover, the source notes that Mr. Al Jalladi was previously arrested in Yemen on

the same charges but was released after an investigation found no wrongdoing. His alleged

confession lacks evidentiary value, especially given the decision by Yemen not to prosecute.

The Government offers no supporting evidence or detail for its terrorism claims and has

withheld information on his initial hearing. The source thus maintains that Mr. Al Jalladi’s

right to a prompt, fair trial was violated. The source submits that even though the Government

claims that Mr. Al Jalladi was not tried in Saudi Arabia for crimes for which a judgment had

previously been issued, the scope of the charges against him, namely his alleged affiliation

with a terrorist group, confirms that he is being prosecuted on the basis of these same facts.

91.

The source contends that, contrary to the Government’s claim, the Specialized

Criminal Court that sentenced Mr. Al Jalladi to 36 years’ imprisonment is a court of exception

6 CAT/C/SAU/CO/2, paras. 16 and 18 (b).

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for terrorism cases, composed of judges appointed by the Ministry of the Interior and lacking

independence.

92.

The Court’s lack of impartiality is further illustrated by the Government’s assertion

that the parties did not submit a memorandum of objection to the appeal before the Supreme

Court, so the ruling is final. While the Government suggests that this shows Mr. Al Jalladi’s

free choice, it in fact highlights the lack of effective judicial remedies in the country.

93.

Indeed, Mr. Al Jalladi could not file an appeal because immediately after being

sentenced, he was transferred to prison without access to a lawyer or the chance to appeal the

decision.

94.

Lastly, the source affirms its strict commitment to objectivity, impartiality and

evidence-based submissions.

2.

Discussion

95.

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

96.

In determining whether Mr. Al Jalladi’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.7

97.

As a preliminary matter, the Working Group notes that Mr. Al Jalladi was arrested

and deprived of his liberty in Yemen by military forces under the supervision and control of

a general who is directly affiliated to the internationally recognized Government of Yemen

and its Ministry of Defence. According to the source, this general was appointed Commander

of the Al-Ghaydah Military Axis and was subsequently promoted to the rank of major general

in the Al-Mahra Governorate by the Chairman of the Presidential Leadership Council of the

Government of Yemen. The Government of Yemen has chosen not to refute these allegations.

98.

In the absence of a response from the Government of Yemen, the Working Group

considers that the authorities that conducted Mr. Al Jalladi’s arrest are under the direct control

and command of the Government.

(a)

Category I

(i)

Allegations against Yemen

99.

In relation to Yemen, the Working Group will consider whether there have been

violations under category I, which concerns deprivation of liberty without legal basis.

100.

At the outset, the Working Group notes that there is a discrepancy between the

allegations of the source and the allegations of the Government. While the source argues that

Mr. Al Jalladi was arrested on 27 May 2019 in Yemen, the Government of Saudi Arabia

submits that he was arrested on 23 May 2019. It is not clear from the response from the

Government of Saudi Arabia whether Mr. Al Jalladi was arrested in Yemen or Saudi Arabia.

Moreover, the Government of Saudi Arabia did not make any reference to the rendition of

Mr. Jalladi by the authorities of Yemen. The Government of Yemen has chosen not to contest

the source’s allegations.

101.

The Working Group recalls that the commencement of a period of detention is a

factual issue, based on the issue of when the person was no longer at liberty to leave a location

whether due to de jure or de facto restrictions. Neither Government has provided detailed

information refuting the source’s claim that Mr. Al Jalladi was in fact detained in Yemen on

27 May 2019. Considering the information available to the Working Group, it considers that

the Government of Saudi Arabia and the Government of Yemen have failed to contest the

source’s allegations concerning Mr. Al Jalladi’s date and place of arrest.

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

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102.

According to the source’s uncontested allegations, Mr. Al Jalladi’s arrest on 27 May

2019, extrajudicial rendition and incommunicado detention occurred outside any legal

framework and his continued detention lacks any legal basis. The source submits that Mr. Al

Jalladi was not shown an arrest warrant or provided with the reasons for his arrest, and did

not have an opportunity to challenge the legality of his rendition to Saudi Arabia.

103.

The Working Group recalls 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 and article 9 (2) of the Covenant, as well as principles 2 and

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

or Imprisonment. The Working Group has previously stated that in order for a 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 that legal basis and apply it to the circumstances of the case.8

This is typically done through an arrest warrant or arrest order (or equivalent document).9

104.

In the absence of a response from the Government of Yemen, the Working Group

finds that no warrant was presented at the time of Mr. Al Jalladi’s arrest, and that he was not

provided with the reasons for his arrest, in violation of articles 3 and 9 of the Universal

Declaration of Human Rights, article 9 (2) of the Covenant and principles 2, 4 and 10 of the

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

Imprisonment.

105.

The source further submits that Mr. Al Jalladi was not brought before a judge during

his detention in Yemen to challenge the legality of his detention, as he was never brought

before a court before leaving Yemen. Instead, he was handed over to Saudi Arabia, outside

any legal procedure and without any legal protection.

106.

Article 9 (4) of the Covenant states that anyone who is deprived of liberty by arrest or

detention is entitled to take proceedings before a court, so that court may decide without

delay on the lawfulness of the detention and order the person’s release if the detention is not

lawful. The right to challenge the lawfulness of detention before a court is a self-standing

human right, which is essential to preserve the legality in a democratic society.10 That right,

which is a peremptory norm of international law, applies to all forms of deprivation of liberty,

and to all situations of deprivation of liberty, including not only detention for the purposes of

criminal proceedings, but also situations of detention under administrative and other fields

of law.11 In the absence of a response from the Government of Yemen, the Working Group

considers that Mr. Al Jalladi’s right to challenge the lawfulness of his detention before a court

was thus violated.

107.

As the Working Group has previously observed, international law regarding

extradition provides procedures that must be observed by countries in arresting and detaining

individuals and returning them to face criminal proceedings in another country and in

ensuring that their right to a fair trial is protected.12 There is also an explicating obligation

arising from article 13 of the Covenant, which requires that the person who is to be expelled

“be allowed to submit the reasons against his expulsion and to have his case reviewed by,

and be represented for the purpose before, the competent authority or a person or persons

especially designated by the competent authority”. The Working Group finds that all these

requirements were ignored in the present case, and the removal of Mr. Al Jalladi from Yemen

amounted to extraordinary rendition.

108.

Furthermore, as the Working Group has previously explained, because it is aimed at

avoiding all procedural safeguards, the practice of so-called renditions is not compatible with

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

9 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.

10 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, paras. 2 and 3.

11 Ibid., para. 47 (a).

12 A/HRC/48/55, paras. 51–60. See also opinions No. 57/2013, No. 2/2015, No. 11/2018 and

No. 23/2020.

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international law.13 The Working Group has previously found a violation of article 9 of the

Covenant, and detention to be arbitrary, where individuals were transferred to another

country outside the confines of any legal procedure, such as extradition, and were not allowed

access to counsel or to any judicial body to contest the transfer. 14 The Working Group

considers that Mr. Al Jalladi’s arrest and transfer to Saudi Arabia lacked a legal basis and

due process of law, in violation of article 9 of the Universal Declaration of Human Rights

and article 9 (1) and (4) of the Covenant.

109.

For these reasons, lacking any information to the contrary, the Working Group finds

that the Government of Yemen failed to establish a legal basis for Mr. Al Jalladi’s detention.

His detention in Yemen and extraordinary rendition to Saudi Arabia were thus arbitrary under

category I.

(ii)

Allegations against Saudi Arabia

110.

The source submits that Mr. Al Jalladi was not shown an arrest warrant or promptly

informed of the charges against him by the Saudi authorities. Reportedly, he was only notified

of the official charges against him on 5 June 2022, after his arrest in Yemen and rendition to

Saudi Arabia, during his hearing before the Specialized Criminal Court. The Government

states that Mr. Al Jalladi was arrested pursuant to an arrest warrant issued by the competent

authority and informed on the same day as his arrest of the reasons for his arrest, his legal

rights and the charges against him.

111.

In its additional comments, the source reaffirms the arguments presented in its initial

communication and argues that it was during Mr. Al Jalladi’s first hearing on 5 June 2022

that he was able to learn about his prosecution under the anti-terrorism law, contrary to the

Government’s assertions.

112.

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 articles 3 and 9 of the Universal

Declaration of Human Rights, as well as principles 2 and 10 of the Body of Principles for the

Protection of All Persons under Any Form of Detention or Imprisonment.

113.

Given its findings above concerning the discrepancies in the information received

about the date and place of Mr. Al Jalladi’s arrest and considering that his arrest and detention

in Yemen occurred outside any legal framework – making his continued detention without

legal basis – the Working Group notes with concern that the Government of Saudi Arabia

made no reference to Mr. Al Jalladi’s rendition from Yemen to Saudi Arabia. The Working

Group considers that the absence of an explanation on this matter by the Government of

Saudi Arabia indicates that a procedural violation occurred at the time of his arrest,

constituting a breach of articles 3 and 9 of the Universal Declaration of Human Rights.

114.

The Working Group takes note of the source’s allegations that the first time that

Mr. Al Jalladi appeared before a judge was on 5 June 2022, that is, more than two years after

his arrest in May 2019. In its response, while the Government’s states that Mr. Al Jalladi was

ordered to appear in court in accordance with article 135 of the Code of Criminal Procedure

after he was charged with the crimes attributed to him, it does not provide the date on which

he was brought before a judge for the first time.

115.

The ability to bring proceedings before a court to challenge the arbitrariness and

lawfulness of detention and to obtain, without delay, appropriate and accessible remedies is

a non-derogable right under international law.15 The right to be promptly brought before a

judicial authority or to bring such proceedings is recognized in articles 9, 10 and 11 (1) of

the Universal Declaration of Human Rights, principles 11 and 32 of the Body of Principles

for the Protection of All Persons under Any Form of Detention or Imprisonment and

principles 1, 4, 8, 11 and 15 of the United Nations Basic Principles and Guidelines on

Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring

13 A/HRC/4/40, summary, p. 2.

14 Opinion No. 47/2005, para. 19.

15 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, principle 4, paras. 4 and 5;

E/CN.4/2005/6/Add.4, paras. 28 and 52; and opinion No. 15/2019, para. 28.

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13

Proceedings Before a Court. The right to challenge detention also underlies the right to an

effective remedy, which is recognized in article 8 of the Universal Declaration of Human

Rights, principles 11 and 32 of the Body of Principles for the Protection of All Persons under

Any Form of Detention or Imprisonment and principles 10 and 11 of the above-mentioned

Basic Principles and Guidelines. Principles 11 (1) and 37 of the Body of Principles for the

Protection of All Persons under Any Form of Detention or Imprisonment support the

contention that detainees have the right to be brought before a judge promptly for an

independent, objective and impartial review of the legal basis for their detention.

116.

In the absence of an justification to the contrary from the Government, the Working

Group concludes that Mr. Al Jalladi was not brought promptly before a judicial officer –

that is, within 48 hours of the arrest barring absolutely exceptional circumstances, in

accordance with the international standard set out in the Working Group’s jurisprudence.16

There is no indication that this delay was the result of any exceptional circumstances that

could justify exceeding the normal 48 hours.

117.

Furthermore, the source submits that Mr. Al Jalladi was held incommunicado and

forcibly disappeared from the moment of his rendition to Saudi Arabia in June 2019 until 18

September 2019, when he was first able to make a brief phone call to his family. During this

period, the source reports that Mr. Al Jalladi was deprived of any contact with the outside

world.

118.

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

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

protection against arbitrary detention and infringement of personal liberty, as well as a

safeguard for the prevention of torture.17 Moreover, prohibiting contact with the outside

world is contrary to rule 58 of the Nelson Mandela Rules, and principles 15, 16 (1) and 19 of

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

Imprisonment.

119.

While the Government asserts that the law grants the investigating authority the right

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

necessities require this, it has not explained how this applied in Mr. Al Jalladi’s case. The

Working Group considers that the source has provided sufficient information to conclude

that Mr. Al Jalladi has been held incommunicado.

120.

The Working Group notes the source’s allegations that the hearing before the

Specialized Criminal Court on 5 June 2022 was the first time that Mr. Al Jalladi was able to

meet with his State-appointed lawyer. In its response, while the Government submits that Mr.

Al Jalladi was informed of his right to a lawyer and that he sought the assistance of a lawyer

of his choice at the expense of the State, it has failed to establish when Mr. Al Jalladi had

effective access to his lawyer.

121.

The Working Group recalls that in order to ensure effective exercise of this right,

detained persons should have access, from the moment of arrest, to legal assistance of their

own choosing as stipulated in 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.18 This was denied to Mr. Al Jalladi, which further adversely

impacted his ability to effectively exercise his right to challenge the legality of his detention,

in violation of articles 8 and 9 of the Universal Declaration of Human Rights.

122.

The source submits that Mr. Al Jalladi was prosecuted and sentenced under the

Counter-terrorism and Financing of Terrorism Act, which does not meet the requirements of

lex certa, which thus makes it impossible to invoke any legal basis to justify his deprivation

of liberty. The Government submits that the laws of Saudi Arabia are formulated with

sufficient precision and clarity, and that there is no ambiguity or loose expressions in them.

In this regard, the Working Group notes the concerns about the nature of this legislation

16 Opinions No. 43/2023; and No. 34/2020, para. 51.

17 Opinion No. 19/2022, para. 52.

18 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, principle 9, paras. 12–15.

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expressed by the Committee against Torture and the Special Rapporteur on the promotion

and protection of human rights and fundamental freedoms while countering terrorism.19

123.

The Working Group thus finds that Mr. Al Jalladi’s detention does not have a legal

basis and falls under category I.

(b)

Category III

124.

The source submits that Mr. Al Jalladi was denied access to legal counsel from the

moment of his arrest and throughout the period of his incommunicado detention. It asserts

that Mr. Al Jalladi was assigned a lawyer whom he was only able to meet at his first hearing

before the Specialized Criminal Court on 5 June 2022. The Government submits in its

response that Mr. Al Jalladi sought the assistance of two legal representatives, one of whom

is at the State’s expense, and that the trial sessions continued in the presence of Mr. Al Jalladi,

his legal representative and the Public Prosecutor in accordance with article 160 of the Code

of Criminal Procedure.

125.

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, in the absence of exceptional circumstances.20

126.

Having reviewed the information available to it, the Working Group notes that the

Government has not specified when Mr. Al Jalladi was provided with access to a lawyer. It

also notes that he was held incommunicado for around two months. The Working Group

finds that the Government failed to respect Mr. Al Jalladi’s right to legal assistance, in

violation of article 11 (1) of the Universal Declaration of Human Rights.

127.

The source submits that the Specialized Criminal Court, which held Mr. Al Jalladi’s

trial hearings, is not an impartial or independent body. The Government, in its response,

asserts that the Specialized Criminal Court is an independent and impartial court, which was

established by a decision of the Supreme Council, whose authority to establish courts and

determine their spatial and subject-matter jurisdiction or to merge or abolish them is granted

in article 6 of the Judicial Law. The Government further submits that the establishment of

the Specialized Criminal Court is considered one of the measures taken to enhance justice.

128.

Noting that the Government has not provided any information to cause the Working

Group to depart from its previous findings, the Working Group reiterates that the Specialized

Criminal Court is insufficiently independent of the Ministry of the Interior and thus cannot

be considered an independent and impartial tribunal,21 a concern shared by the Committee

against Torture.22 The Working Group further notes the concerns of the Special Rapporteur

on the promotion and protection of human rights and fundamental freedoms while countering

terrorism, with regard to the lack of independence of the Court.23

129.

The Working Group therefore remains concerned about the independence and

impartiality of the Specialized Criminal Court and the extent to which the presumption of

innocence and the guarantees necessary for defence are maintained. The trial before the Court

thus contravened article 10 of the Universal Declaration of Human Rights.

130.

Based on the submissions from the source and the Government of Saudi Arabia, the

Working Group concludes that the trial of Mr. Al Jalladi violated article 10 of the Universal

Declaration of Human Rights.

19 See communication SAU 12/2020, available at

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

p. 6; and CAT/C/SAU/CO/2, para. 16.

20 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, principle 9 and guideline 8;

CAT/C/SAU/CO/2, paras. 14 and 15; and opinion No. 86/2020, para. 78.

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

22 Opinions No. 10/2018, para. 73; No. 22/2019, para. 74; No. 26/2019, para. 102; No. 56/2019,

para. 86; No. 71/2019, para. 44; and No. 26/2024, paras. 118 and 119.

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

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131.

The Working Group notes the source’s allegations that Mr. Al Jalladi was prosecuted

in Saudi Arabia for the same facts that had previously led to a non-prosecution decision by

the Yemeni authorities in February 2019. The Government rejects the source’s claims.

Taking into consideration all the information available to it, the Working Group considers

that Mr. Al Jalladi was not prosecuted in Yemen, as he was released on the basis of a decision

not to prosecute, and thus does not need to examine further grounds in this regard.

132.

The Working Group thus concludes that Mr. Al Jalladi’s deprivation of liberty is

arbitrary and falls under category III.

(c)

Concluding remarks

133.

The Working Group is concerned at the source’s allegations that since October 2022,

Mr. Al Jalladi has not been allowed to contact his family, and his whereabouts and condition

are unclear. The Working Group recalls that enforced disappearances are prohibited by

international law and constitute a particularly aggravated form of arbitrary detention.24

134.

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

international human rights obligations in over 75 cases.25 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.

135.

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

with the 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.

3.

Disposition

136.

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

Regarding Yemen:

The deprivation of liberty of Bassam Shukri Ahmed Mutahar Al Jalladi, being in

contravention of articles 3 and 9 of the Universal Declaration of Human Rights and

article 9 of the International Covenant on Civil and Political Rights, is arbitrary and

falls within category I.

Regarding Saudi Arabia:

The deprivation of liberty of Bassam Shukri Ahmed Mutahar Al Jalladi, being in

contravention of articles 3, 8, 9, 10 and 11 of the Universal Declaration of Human

Rights, is arbitrary and falls within categories I and III.

137.

The Working Group requests the Governments of Saudi Arabia and Yemen to take

the steps necessary to remedy the situation of Mr. Al Jalladi without delay and bring it into

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

Declaration of Human Rights.

138.

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

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

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

law.

24 Opinions No. 5/2020, No. 6/2020, No. 11/2020 and No. 13/2020.

25 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 and No. 71/2024.

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139.

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

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

Jalladi and to take appropriate measures against those responsible for the violation of his

rights.

140.

The Working Group requests the Governments to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

141.

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

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

to the recommendations made in the present opinion, including:

(a)

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

(b)

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

(c)

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

Jalladi’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.

142.

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.

143.

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.

144.

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.26

[Adopted on 10 April 2025]

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