opencaselaw.ch

A/HRC/WGAD/2025/71

Opinion No. 71/2025 concerning Mr. E. (whose name is known to the Working Group), Farhat Fathi Abdel Maksoud Abu al-Saud and Mohamed Kamel Salah Kamel (Saudi Arabia)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-11-14 · 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.25-19693 (E) 161225 161225

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 104th session, 10–14 November 2025

Opinion No. 71/2025 concerning Mr. E. (whose name is known to the

Working Group), Farhat Fathi Abdel Maksoud Abu al-Saud and

Mohamed Kamel Salah Kamel (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 60/8.

2.

In accordance with its methods of work, 1 on 22 July 2025 the Working Group

transmitted to the Government of Saudi Arabia a communication concerning Mr. E., Farhat

Fathi Abdel Maksoud Abu al-Saud and Mohamed Kamel Salah Kamel. The Government

replied to the communication on 19 September 2025. 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

* Mumba Malila did not participate in the discussion of the case.

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/71

General Assembly

Distr.: General

17 December 2025

Original: English

A/HRC/WGAD/2025/71

2

GE.25-19693

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.

Mr. E., born in 1997, is an Egyptian national who worked as a fisherman.

5.

Farhat Fathi Abdel Maksoud Abu al-Saud, born in 1975, is an Egyptian national who

worked as a driver and lived in Kfar Hakim al-Jeeza, Egypt.

6.

Mohamed Kamel Salah Kamel, born in 1988, is an Egyptian national who worked as

a carpenter and lived in Jeddah, Saudi Arabia.

7.

Messrs. E., Al-Saud and Kamel were arrested and detained in Saudi Arabia on

drug-related charges and subsequently sentenced to death.

(i)

Context

8.

Over the past few years, Saudi Arabia has seen a sharp increase in the number of

executions, especially of foreigners and for drug-related offences. In 2024, 345 individuals,

including 138 foreign nationals, were executed – 122 of them solely on the basis of

drug-related charges. In the first two months of 2025, there were 65 executions. In 2022,

Saudi Arabia lifted its three-year moratorium2 on the use of the death penalty for drug-related

offences.3 Approximately 75 per cent of those executed for drug offences in November and

December 2022 were foreign nationals.

9.

The source notes that Saudi Arabia has no written penal code. Judges have

wide-ranging power to determine criminal offences and the corresponding punishment. There

are three categories of crime and punishment under Islamic law: qisas, hudud and ta’zir.

Qisas applies in cases of bodily harm or death, such as murder or manslaughter, where the

victim’s family has a role in determining the punishment. Hudud crimes refer to a fixed set

of offences – such as adultery, theft and apostasy – that have punishments explicitly

prescribed in Islamic texts with strict evidentiary and legal thresholds. Drug offences fall

within ta’zir, a category which encompasses all crimes not specified under hudud or qisas.

Ta’zir offences are left to the discretion of judges and can include a wide range of penalties,

from imprisonment and flogging to the death penalty.

(ii)

Arrest and detention

a.

Mr. E.

10.

Mr. E. was arrested by the border patrol of Haql Governorate on 16 December 2021

while swimming in the sea after being dropped off a boat by an Egyptian drug smuggler near

the Egypt-Saudi Arabia maritime border. He was allegedly found with 334,000 illegal pills,

278 grams of opium and 1.8 grams of heroin, along with cash and two mobile phones. Upon

his arrest, he was immediately transferred to Tabuk Prison.

11.

Mr. E. was placed in solitary confinement. He was not allowed to speak to his family

or anyone outside the prison and was subjected to torture, mainly through beatings and acts

of humiliation.

12.

Mr. E. was reportedly first brought before Tabuk Criminal Court (the court of first

instance) at an initial trial hearing on 16 October 2022, when his family appointed a lawyer

for him. On 30 November 2022, the Court sentenced him to death pursuant to article 37 (1)

2 See the statement by the Human Rights Commission of Saudi Arabia entitled “Saudi Arabia

drastically decreases application of death penalty in 2020”, posted on 18 January 2021 at

https://x.com/HRCSaudi_EN/status/1351087958565281793.

3 Office of the United Nations High Commissioner for Human Rights, “Saudi Arabia: resumption of

executions for drug-related offences”, 22 November 2022, available at

https://www.ohchr.org/en/press-briefing-notes/2022/11/saudi-arabia-resumption-executions-drug-

related-offences.

A/HRC/WGAD/2025/71

GE.25-19693

3

of the act on the control of narcotics and psychotropic substances. His lawyer appealed

against the sentence, but this appeal was flawed – a sign that the lawyer was not working in

the full interests of his client.

13.

The source reports that Mr. E.’s death sentence was upheld by Tabuk Appellate Court

and the Supreme Court and is therefore final. He is currently awaiting his execution.

b.

Mr. Al-Saud

14.

Mr. Al-Saud was arrested on 28 January 2018 in the port of Duba, Saudi Arabia, after

the authorities discovered 327,856 fenetylline pills in the truck he was driving, which was

registered under the name of the Mansour Saeed Al-Qahtani Establishment. He claimed that,

in Egypt, after loading onions for delivery to Riyadh, he had gone to the truck owner’s

residence, where additional bags containing the pills had been placed in the truck without his

knowledge.

15.

Mr. Al-Saud was immediately transferred to Tabuk Prison upon his arrest. A copy of

the list of charges against him was not made available. He was held in solitary confinement

and forcibly disappeared for four months. During this time, his family was not informed of

his detention or whereabouts. Moreover, he was reportedly subjected to severe acts of torture.

16.

Mr. Al-Saud’s family had no money to hire a lawyer, and he was never informed of

his right to be assisted by a State-appointed lawyer, which forced him to represent himself in

all court proceedings. He was first brought before Tabuk Criminal Court on 28 November

2018 for an initial trial hearing. On 14 May 2019, he was sentenced to death pursuant to

article 37 (1) of the act on the control of narcotics and psychotropic substances. Tabuk

Appellate Court heard his appeal on 1 October 2019 and confirmed the death sentence on

2 October 2019.

17.

After the Supreme Court upheld Mr. Al-Saud’s death sentence, he was executed,

which was reportedly made public by the Ministry of the Interior on 25 May 2025. His family

was not informed of the execution in advance and has not been able to obtain his body.

c.

Mr. Kamel

18.

Mr. Kamel was arrested on 5 April 2014 at a hotel in the city of Duba. He was found

with 111,523 narcotic pills in his possession, but claimed that he was unaware of these pills

and that he had been instructed by an individual in Egypt to transport bags of clothing to

Jeddah, Saudi Arabia.

19.

Mr. Kamel was reportedly detained in the Duba police station and later transferred to

Tabuk Prison. His family was not informed of his detention or whereabouts for a long time.

He was prevented from communicating with his family from the moment of his arrest until

the beginning of his trial.

20.

The date on which Mr. Kamel was first brought before a judge is unknown. He was

appointed a lawyer by his family only at the beginning of his trial before Tabuk Criminal

Court. On 10 August 2017, the Court sentenced him to death pursuant to article 37 (1) of the

act on the control of narcotics and psychotropic substances. His lawyer appealed against the

sentence, but this appeal was flawed – a sign that the lawyer was not working in the full

interests of his client.

21.

Mr. Kamel was allegedly sentenced on the basis of a signed confession, which had

been obtained under duress, including psychological and physical torture. The investigators

used threats, intimidation, coercion and a promise of release to force him to sign the

documents presented to him. The Court did not investigate his claims of torture.

22.

The source reports that Mr. Kamel’s death sentence was upheld by Tabuk Appellate

Court and the Supreme Court and is therefore final. He is currently awaiting his execution.

(iii)

Legal analysis

23.

The source submits that the cases of Messrs. E., Al-Saud and Kamel (hereinafter “the

three Egyptian death-row inmates”) fall under categories I, III and V of the Working Group.

A/HRC/WGAD/2025/71

4

GE.25-19693

24.

In relation to category I, it is argued that Mr. Kamel was arrested on 5 April 2014 in

his hotel room by officials who did not invoke a legal basis or present an arrest warrant and

searched his hotel room without a warrant in violation of articles 3 and 9 of the Universal

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

Protection of All Persons under Any Form of Detention or Imprisonment and article 14 (1)

and (3) of the Arab Charter on Human Rights.

25.

The three Egyptian death-row inmates were held incommunicado. Their exclusion

from the protection of the law and inability to challenge the legality of their detention violated

articles 6 and 8 of the Universal Declaration of Human Rights. The lack of communication

with their families and of visits infringed principles 15 and 19 of the Body of Principles for

the Protection of All Persons under Any Form of Detention or Imprisonment and rules 43 (3)

and 58 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the

Nelson Mandela Rules).

26.

Saudi law allegedly provides no right or procedure to challenge the legality of

detention before the courts (habeas corpus), which violates articles 8 and 9 of the Universal

Declaration of Human Rights and principle 10 of the Body of Principles for the Protection of

All Persons under Any Form of Detention or Imprisonment. Messrs. E. and Kamel were

reportedly brought before the public prosecution service. However, according to its founding

decree, the public prosecution service, established by the King on 17 June 2017 to replace

the former Bureau of Investigation and Public Prosecution, which was under the control of

the Minister of the Interior, is “directly linked to the King”.

27.

The source submits that Mr. E. was arrested on 16 December 2021 and first brought

before the court on 16 October 2022, 10 months after his arrest, that Mr. Al-Saud was arrested

on 28 January 2018 and first brought before the court on 28 November 2018, also 10 months

after his arrest, and that Mr. Kamel was arrested on 5 April 2014, but the date on which he

was first brought before a judge is unknown. None of them appeared before a judge within

48 hours. Their detention violated articles 3 and 9 of the Universal Declaration of Human

Rights and principles 11, 37 and 38 of the Body of Principles for the Protection of All Persons

under Any Form of Detention or Imprisonment.

28.

In the source’s view, the alleged drug trafficking for which the death sentences were

imposed does not reach the threshold of “the most serious crimes” under international law.

The alleged offence also falls under the moratorium on death penalties for drug-related

offences announced by the Human Rights Commission of Saudi Arabia, a governmental body,

on 18 January 2021.

29.

In relation to category III, the source claims that the right to legal counsel during all

stages of criminal procedure, which is inherent in the right to liberty and security of person,

and the right to a fair trial, were violated, contrary to articles 3, 9, 10 and 11 (1) of the

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

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

principles 1, 5, 7 and 8 of the Basic Principles on the Role of Lawyers, principle 9 and

guideline 8 of the Basic Principles and Guidelines on Remedies and Procedures on the Right

of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, and articles 4 and

70 of the Law of Criminal Procedure.

30.

The three Egyptian death-row inmates were allegedly subjected to torture, including

beating, kicking and psychological torture, so that they would sign confessions, which were

later admitted in court as the sole evidence for their conviction.

31.

The King reportedly appoints most members of the Supreme Judicial Council, which

administers the court system, and the head of the public prosecution service is a member of

the Council. Tabuk Criminal Court also has a long history of handing down death sentences

in violation of international human rights law.

32.

Finally, in relation to category V, the source argues that the three Egyptian death-row

inmates were deprived of their liberty because of their nationality. A further 19 Egyptian

nationals, arrested mostly between late 2014 and 2017, are currently on death row in Tabuk

Prison. They were coerced through torture into signing documents that they were unable to

read or understand.

A/HRC/WGAD/2025/71

GE.25-19693

5

(b)

Response from the Government

33.

On 22 July 2025, the Working Group transmitted the allegations made by the source

to the Government through its regular communication procedure. The Working Group

requested the Government to provide, by 22 September 2025, detailed information about the

situation of Messrs. E., Al-Saud and Kamel and any comments on the source’s allegations.

The Working Group also requested the Government to clarify the factual and legal grounds

invoked by the authorities to justify their arrest and continued detention, and to provide

details regarding the conformity of the relevant legal provisions and proceedings with

international law, in particular with the human rights treaties that it has ratified. Moreover,

the Working Group called upon the Government to ensure the physical and mental integrity

of Messrs. E., Al-Saud and Kamel.

34.

In its response of 18 September 2025, the Government submitted that Mr. E. had been

arrested in flagrante delicto while Messrs. Al-Saud and Kamel had been arrested pursuant to

arrest warrants issued by the public prosecution service. They were made aware of their legal

rights, including the right to seek the assistance of an agent or attorney to defend them during

the investigation and trial, in accordance with article 4 (1) and (2) of the Law of Criminal

Procedure, and the right to request the court to appoint a defence attorney at the expense of

the State if they could not afford to appoint one, in accordance with article 139 of the Law.

They were notified of the grounds for their arrest and their right to contact any person of their

choice in line with article 116 of the Law. The Egyptian Embassy in Riyadh was notified, in

accordance with the Vienna Convention on Consular Relations. The arrests therefore were

consistent with articles 3 and 9 of the Universal Declaration of Human Rights,

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

Form of Detention or Imprisonment and article 14 (1) and (3) of the Arab Charter on Human

Rights.

35.

The Government further submitted that the three Egyptian death-row inmates were

allowed regular visits and communication, including telephone calls. Article 119 of the Law

of Criminal Procedure provides that the investigator may order the incommunicado detention

of the accused for a period not exceeding 60 days if the interest of the investigation so requires,

without prejudice to the right of the accused to contact his or her agent or attorney – a

provision in line with the Nelson Mandela Rules and principle 16 (4) of the Body of

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

In such cases, the prisoner or detainee may submit a written or oral complaint to the public

prosecution service under article 39 of the Law of Criminal Procedure. There was no

violation of articles 6 and 8 of the Universal Declaration of Human Rights, principles 15 and

19 of the Body of Principles or rules 43 (3) and 58 of the Nelson Mandela Rules.

36.

The Government adds that article 115 of the Law of Criminal Procedure guarantees

the right to challenge the legality of detention by providing that provisional detainees may

appeal against their detention order and that such appeals are to be decided within five days,

and is therefore in conformity with articles 8 and 9 of the Universal Declaration of Human

Rights and principle 10 of the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment. The three Egyptian death-row inmates were brought

before the public prosecution service, which is an independent judicial body, within 48 hours

for individualized determination, in accordance with articles 3 and 9 of the Universal

Declaration of Human Rights and principles 11, 37 and 38 of the Body of Principles.

37.

Saudi criminal law contains clear and precise legal provisions that define criminal acts

and penalties, and the authorities respect the principle of legality in compliance with articles

2 and 7 of the Universal Declaration of Human Rights. The three Egyptian nationals were

sentenced to death as a discretionary punishment pursuant to article 37 (1) of the act on the

control of narcotics and psychotropic substances.

38.

The Government submits that international law does not require abolition of the death

penalty but sets out rules and standards for its application. Saudi law imposes the death

penalty only for the most serious crimes, based on the belief that the right to life is the most

fundamental of rights and in line with the safeguards guaranteeing protection of the rights of

those facing the death penalty, adopted by the Economic and Social Council in its

resolution 1984/50 of 25 May 1984, to deter crimes and to protect society. The Government’s

A/HRC/WGAD/2025/71

6

GE.25-19693

efforts to combat the scourge of drug trafficking are in line with the objectives of the

United Nations Office on Drugs and Crime. The act on the control of narcotics and

psychotropic substances imposes capital punishment only for drug crimes that are no less

serious than premeditated murder. In accordance with the law, after executions the bodies are

buried without delay with full respect for the dignity of the executed persons and their

families. If the executed persons are not Saudi nationals, their bodies are immediately handed

over to their country’s embassy, upon request, for repatriation.

39.

The Government also submits that the three Egyptian death-row inmates had a fair

and public hearing by an independent and impartial tribunal, which was established by the

Supreme Judicial Council in line with Saudi law and international fair trial standards. Tabuk

Criminal Court is part of the general judicial system.

40.

According to the Government, Messrs. E. and Kamel hired lawyers, while

Mr. Al-Saud chose to defend himself. The lawyers had adequate time and facilities for their

clients’ defence. The Court informed the accused of the offences of which they were charged,

read and explained the indictment and provided them with a copy of it, as required by article

160 of the Law of Criminal Procedure.

41.

The Government adds that death sentences are automatically reviewed by the higher

courts under articles 194 and 199 of the Law of Criminal Procedure. Tabuk Appellate Court

and the Supreme Court upheld the death sentences. Mr. Al-Saud was executed on 25 May

2025 and Mr. Kamel on 25 June 2025, while Mr. E. awaits his execution.

42.

The Government denies that the three Egyptian death-row inmates were subjected to

any form of torture or ill-treatment; rather, they were treated with dignity and received the

necessary medical care. The Law of Criminal Procedure provides that persons under arrest

may not be subjected to any bodily or moral harm, nor torture or degrading treatment (art. 2);

that detainees are to be treated with dignity and may not be subjected to any bodily or moral

harm (art. 36 (1)); that interrogation must be conducted in a manner not affecting the will of

the accused in making his or her statements and the accused may not be asked to take an oath

nor be subjected to any duress measures (art. 102); and that any proceedings contrary to sharia

or laws derived therefrom will be invalid (art. 187).

43.

The Government submits that the three Egyptian death-row inmates were arrested and

tried for drug-related offences, which were unrelated to their foreign nationality, and that it

combats all forms of discrimination, including any exclusion, restriction or distinction based

on race, colour, descent or national or ethnic origin.

(c)

Additional comments from the source

44.

The Government’s response of 18 September 2025 was transmitted to the source on

22 September 2025 for further comments. In its reply of 7 October 2025, the source submitted

that the Government simply recited its domestic laws without substantiating their application

and that its factual claims lacked tangible proof. The establishment of the public prosecution

service under direct royal control enabled a wave of arrests of dissidents. The restriction on

the application of the death penalty to “the most serious crimes” under article 6 (2) of the

Covenant has attained the status of customary international law. The fundamental distinction

between drug offences and murder lies in the element of intentional killing. There is also no

persuasive evidence showing that the use of the death penalty contributes to eradicating

drug-related crimes.4

2.

Discussion

45.

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

46.

In determining whether the detention of the three Egyptian death-row inmates 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

4 Harm Reduction International, Human Rights Watch and Penal Reform International, “The death

penalty for drug offences and international support for drug enforcement” (2010), available at

https://www.hrw.org/sites/default/files/related_material/ComplicityDeathPenaltyBriefing_0.pdf.

A/HRC/WGAD/2025/71

GE.25-19693

7

international requirements 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.5

47.

The Working Group notes that Messrs. Al-Saud and Kamel have been executed, on

25 May and 25 June 2025, respectively, while Mr. E. remains on death row. As

Messrs. Al-Saud and Kamel’s executions were carried out before the Working Group’s

transmission of a communication on 22 July 2025, the Working Group regrets that their

deaths deprive them of any chance of seeking appropriate remedies, such as immediate

release, compensation and other reparations, if it finds their deprivation of liberty to be

arbitrary. The Working Group considers that the present case highlights the risk of the death

penalty to the enjoyment of the human rights, arising from its irreversibility.

48.

Following the executions of Messrs. Al-Saud and Kamel on 25 May and 25 June 2025,

respectively, the Working Group has the option of either filing their cases or rendering an

opinion as to the arbitrariness of their detention, in conformity with paragraph 17 (a) of its

methods of work. The Working Group has decided to render the present opinion in respect

of all three Egyptian death-row inmates, including the late Messrs. Al-Saud and Kamel, in

conformity with paragraph 15 of its methods of work. In making this decision, the Working

Group gives particular weight to the fact that: (a) the late Messrs. Al-Saud and Kamel’s cases

raise grave concerns about the pattern of deprivation of the liberty and life of foreign nationals

accused of drug-related crimes, numbering in the hundreds, in the criminal justice system of

Saudi Arabia; (b) there is a pressing need for the factual and legal findings of the Working

Group concerning the late Messrs. Al-Saud and Kamel’s cases, given their extreme gravity;

(c) the bereaved families of the late Messrs. Al-Saud and Kamel may be entitled to certain

remedies and reparations, including the repatriation of their remains, which reportedly has

not occurred, despite assertions to the contrary by the Government; (d) the Government has

submitted its response, which merits the Working Group’s appraisal; and (e) Mr. E. remains

on death row, having been deprived of liberty for almost four years.

49.

While the Working Group will determine the arbitrariness of the three Egyptian

death-row inmates’ deprivation of liberty in the present case, nothing in this opinion is

intended to indicate its view on their guilt or innocence with respect to the crimes for which

they were tried and convicted.

(a)

Category I

50.

The Working Group will first consider whether there have been violations under

category I, which concerns deprivation of liberty without any legal basis being invoked.

51.

Regarding the arrest process, the Government’s submission that Messrs. Al-Saud and

Kamel were arrested pursuant to arrest warrants issued by the public prosecution service does

not appear convincing, as it fails to mention key details such as the arrest warrants’ date of

issuance or the case number. Moreover, the public prosecution service cannot be considered

an independent judicial body that has the competence to provide effective judicial control

over deprivation of liberty through the issuance of arrest warrants. Other than citing legal

provisions on judicial independence, the Government did not provide a credible rebuttal to

the source’s allegation that the public prosecution service is directly linked to the King. The

Working Group therefore finds a violation of 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.

52.

The source submits that the three Egyptian death-row inmates were held

incommunicado, excluding them from the protection of the law and preventing them from

challenging the legality of their detention. The Government claims that the law ensures the

detainees’ visits and communication with their families and legal representatives, but it has

failed to share evidence of the actual application of the law in the present case, such as a list

of dates and times of visits or telephone calls. The Working Group considers that the

Government has failed to meet the burden of proof and finds a violation of articles 6 and 8

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

A/HRC/WGAD/2025/71

8

GE.25-19693

of the Universal Declaration of Human Rights, principles 15 and 19 of the Body of Principles

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

rules 43 (3), 58 (1) and 68 of the Nelson Mandela Rules.

53.

Moreover, Messrs. Al-Saud and Kamel were disappeared for months in violation of

the customary international law prohibition of enforced disappearance, which is

authoritatively defined in the third preambular paragraph of the Declaration on the Protection

of All Persons from Enforced Disappearance and article 2 of the International Convention

for the Protection of All Persons from Enforced Disappearance. The Working Group recalls

that a number of international, regional and domestic courts and human rights bodies,

including the Inter-American Court of Human Rights, the Working Group on Enforced or

Involuntary Disappearances, the Committee on Enforced Disappearances and the African

Commission on Human and Peoples’ Rights, have recognized that the prohibition of enforced

disappearance is a peremptory norm of international law (jus cogens).6

54.

According to the source, Mr. E. was arrested on 16 December 2021 and first brought

before the court on 16 October 2022, 10 months after his arrest; Mr. Al-Saud was arrested on

28 January 2018 and first brought before the court on 28 November 2018, also 10 months

after his arrest; and Mr. Kamel was arrested on 5 April 2014, but the date of his first hearing

in court is unknown. Again, the Government failed to provide any information to the contrary,

other than generic claims that domestic laws are in line with international standards. The

Working Group therefore finds a violation of articles 3, 8 and 9 of the Universal Declaration

of Human Rights and principles 11, 37 and 38 of the Body of Principles for the Protection of

All Persons under Any Form of Detention or Imprisonment.

55.

The Government submitted that the public prosecution service had reviewed and

extended the pretrial detention of the three Egyptian death-row inmates. However, for the

reasons discussed above, the public prosecution service cannot provide meaningful judicial

review of the legality of detention. Nor did the Government provide any evidence that

measures less intrusive than pretrial detention had been considered. This violated articles 3,

8 and 9 of the Universal Declaration of Human Rights and principle 10 of the Body of

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

56.

The Working Group will elaborate further on the propriety of deprivation of liberty

and of life under article 37 of the act on the control of narcotics and psychotropic substances

with respect to the principle of legality or nullum crimen, nulla poena sine lege. This principle,

which is one of the fundamental guarantees of due process, includes: (a) the principle of

non-retroactivity; (b) the prohibition against analogy; (c) the principle of certainty; and (d)

the prohibition against uncodified, that is, unwritten, or judge-made criminal provisions. This

means that an act can be punished only if, at the time of its commission, it was the object of

a valid, sufficiently precise, written criminal law to which a sufficiently certain sanction was

attached.7

57.

Article 37 of the act on the control of narcotics and psychotropic substances provides

that:

Subject to the provisions of the second clause of this article, anyone found guilty of

the following acts shall be punished by death as a discretionary punishment (ta’zir):

(1)

Smuggling narcotic drugs or psychotropic substances;

(2)

Receiving narcotic drugs or psychotropic substances from a smuggler;

6 Inter-American Court of Human Rights, Goiburú et al. v. Paraguay, judgment of 22 September 2006

(Merits, Reparations and Costs), Series C, No. 153, paras. 84, 93 and 128, and many subsequent

decisions; the report of the Working Group on Enforced or Involuntary Disappearances on standards

and public policies for an effective investigation of enforced disappearances (A/HRC/45/13/Add.3),

para. 9 and annex, para. 7; Committee on Enforced Disappearances, joint statement on so-called

“short-term enforced disappearances” (CED/C/11), fourth preambular paragraph; and African

Commission on Human and Peoples’ Rights, Guidelines on the Protection of All Persons from

Enforced Disappearances in Africa, tenth preambular paragraph.

7 Opinions No. 10/2018, para. 50; and No. 36/2019, para. 40.

A/HRC/WGAD/2025/71

GE.25-19693

9

(3)

Bringing, importing, exporting, manufacturing, producing, converting,

extracting, cultivating or receiving narcotic drugs or psychotropic substances with the

intent to promote them in circumstances not permitted by this act;

(4)

Participating in an agreement to commit any of the acts stipulated in the

preceding paragraphs;

(5)

Promoting narcotic drugs or psychotropic substances, for the second

time, by sale, gift, distribution, delivery, receipt or transport, when the offender has

already been convicted of such promotion in a previous judgment;

(6)

Promoting narcotic drugs or psychotropic substances for the first time,

when the offender has previously been convicted of one of the acts described

under (1)–(3) above.

The court may, for reasons it deems appropriate, reduce the death penalty to

imprisonment of not less than 15 years, flogging of up to 50 lashes and a fine of not

less than 100,000 riyals.

If the offender falls under one of the following circumstances and has not been

sentenced to death under the first clause of this article, he shall be punished with

imprisonment of not less than 25 years, flogging of up to 50 lashes and a fine of not

less than 150,000 riyals. These circumstances are:

(1)

If the offender commits one of these crimes again, having been

previously convicted and punished under this article;

(2)

If the offender is a public official or employee, is tasked with

implementing the provisions of this act, or is responsible for combating narcotic drugs

or psychotropic substances or monitoring their circulation or possession;

(3)

If the offender is a member of an organized gang whose purpose is to

smuggle or traffic narcotic drugs or psychotropic substances into Saudi Arabia or

distribute them therein, or if the offence is linked to an international crime such as

arms smuggling, counterfeiting of currency or terrorism;

(4)

If the offender is armed and uses a weapon while committing the

offence.

58.

While, in its jurisprudence, the Working Group interprets and applies the principle of

legality, codified in article 11 (2) of the Universal Declaration of Human Rights, mostly in

the context of deprivation of liberty in criminal procedure, the principle is applicable, a

fortiori, to deprivation of life for capital crimes. In this regard, the Working Group notes that

many death sentences in Saudi Arabia are imposed by judges relying on their interpretations

of Islamic law to determine what constitutes a crime and what the appropriate punishment is

in the absence of a penal code. Deprivation of liberty prior to and for the purpose of the

eventual imposition of the death penalty, when the legal system provides no clear legal basis,

must be considered arbitrary under category I.

59.

Moreover, the principle of legality must encompass or entail the principle of

proportionality of criminal offences and penalties, as exemplified in article 49 (3) of the

Charter of Fundamental Rights of the European Union, which provides that the severity of

penalties must not be disproportionate to the criminal offence. The Working Group, too, has

held that the provisions of the Penal Law for Crimes of Terrorism and its Financing, which

allow a 15-year prison term and a 15-year overseas travel ban for harmless online and offline

comments, are neither necessary to protect public or private interests against injury, nor are

they proportionate. 8 By the same standard, death by beheading cannot be considered a

proportionate punishment for non-violent drug offences and fails to satisfy the principles of

legality and proportionality of criminal offences and penalties.

60.

In the light of the above, the Working Group concludes that the deprivation of liberty

of Messrs. E., Al-Saud and Kamel lacks a legal basis and is thus arbitrary under category I.

8 Opinion No. 10/2018, para. 54.

A/HRC/WGAD/2025/71

10

GE.25-19693

(b)

Category III

61.

The Working Group will now consider whether the alleged violations of the right to

a fair trial and due process were of such gravity as to give the deprivation of liberty an

arbitrary character, such that it falls within category III.

62.

In the source’s view, the courts in Saudi Arabia cannot be considered independent, as

the Supreme Judicial Council, which administers the court system, is controlled by the King.

In response, the Government simply recited the guarantee of judicial independence in the law,

without explaining how the courts may be able to maintain their independence and

impartiality in practice.

63.

The Working Group also notes that the appointment of the Chairman and 10 members

of the Supreme Judicial Council, as codified in article 5 of the Judiciary Act (Royal Decree

No. M/78 of 1 October 2007) below, remains largely under royal control, either explicitly or

by the ex officio appointment to the Council of officials serving the monarchy:

The Supreme Judicial Council shall be composed of a Chairman to be appointed by

royal order and 10 members as follows:

(a)

The President of the Supreme Court.

(b)

Four full-time judges with the rank of president of a court of appeal, to

be appointed by royal order.

(c)

The Deputy Minister of Justice.

(d)

The Chairman of the Bureau of Investigation and Public Prosecution.

(e)

Three members satisfying the conditions required for an appeals judge,

to be appointed by royal order.

The term of the Chairman of the Council and the members provided for in

paragraphs (b) and (e) shall be four renewable years.

64.

The source submits that the three Egyptian death-row inmates did not have access to

legal counsel at all stages of their detention and were not promptly informed of their rights

when arrested. Mr. Al-Saud reportedly received no legal assistance at any time, even during

his trial, because he was not informed of his right to request a State-appointed lawyer.

Although the Government asserts that the law guarantees the right to legal counsel, including

the appointment of a lawyer for defendants of limited financial means, it has not provided

any evidence of this being applied in the present cases, such as the number of lawyers or the

date of their appointment. The Working Group therefore finds a violation of articles 3, 9, 10

and 11 (1) of the Universal Declaration of Human Rights, principles 15, 17 and 18 of the

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

Imprisonment, principles 1, 5, 7 and 8 of the Basic Principles on the Role of Lawyers, and

principle 9 and guideline 8 of the Basic Principles and Guidelines on Remedies and

Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before

a Court. Furthermore, safeguard 5 of the safeguards guaranteeing protection of the rights of

those facing the death penalty requires adequate legal assistance at all stages of the criminal

proceedings.

65.

The source adds, and the Government has not rebutted with credible evidence, that

Messrs. E. and Kamel’s appeals following their convictions by the courts of first instance

were flawed, in a sign that the lawyers were not working in the full interests of their clients.

Moreover, Tabuk Appellate Court reportedly heard Mr. Al-Saud’s appeal on 1 October 2019

and issued its verdict confirming the death sentence a day later on 2 October 2019. In this

regard, the Working Group notes that, prior to the judicial reform in 2021, appellate courts

considered appeals against first instance judgments purely through written submissions, with

limited or no scope for verbal representations.9 The Working Group expresses grave concern

9 Saudi Arabia, Ministry of Justice, “Saudi Justice Minister activates appellate pleading; announces

Jeddah appellate court” (10 December 2018), available at

https://www.moj.gov.sa/English/MediaCenter/News/Pages/NewsDetails.aspx?itemId=264; and

A/HRC/WGAD/2025/71

GE.25-19693

11

at the higher courts’ lack of meaningful review, in oral hearings, of the convictions and death

sentences and finds a violation of articles 10 and 11 (1) of the Universal Declaration of

Human Rights. Moreover, safeguard 6 of the safeguards guaranteeing protection of the rights

of those facing the death penalty explicitly provides that anyone sentenced to death has the

right to appeal to a court of higher jurisdiction. Such appeals must ensure an effective remedy.

66.

The source also makes the serious allegation that the three Egyptian death-row

inmates were subjected to physical and psychological torture to extract confessions. Again,

the Government describes the legal protection and safeguards against torture and forced

confessions without explaining how they were applied in the present case. The authorities

also failed to conduct a prompt and impartial investigation or examination and provide

redress, even after they received complaints. The Working Group therefore concludes that

articles 5, 10 and 11 (1) of the Universal Declaration of Human Rights and articles 2 (1), 12,

13, 14 (1), 15 and 16 (1) of the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment have been contravened.

67.

Given the above observations, the Working Group concludes that the numerous

violations of the right to a fair trial and due process are of such gravity as to give the

deprivation of liberty of Messrs. E., Al-Saud and Kamel an arbitrary character that falls

within category III.

(c)

Category V

68.

In the discussion above, the Working Group observed the systematic denial of

procedural safeguards to the three Egyptian death-row inmates, which appears to be

representative of the treatment faced by foreign nationals arrested and tried on drug-related

charges in Saudi Arabia. The Government has not rebutted with convincing evidence the

source’s credible allegation that they were coerced through torture into signing documents

that they were unable to read or understand.

69.

The Working Group has established that the three Egyptian death-row inmates were

not afforded the right to legal counsel during all stages of the criminal proceedings, even

though they were legally entitled to this right under Saudi law, as the Government

demonstrated. Mr. Al-Saud even had to defend himself when he was on trial literally for his

life; it appears unlikely that he would have waived his right to have a State-appointed lawyer

represent him had he been properly informed of his rights by the authorities.

70.

The Working Group fears that such systematic denial of procedural safeguards

experienced by foreign nationals, including Messrs. E., Al-Saud and Kamel, may account for

the staggering overrepresentation of foreign nationals in the death-row inmate population,

especially for drug-related offences – the proportion of foreign death-row inmates can be as

high as 75 per cent.

71.

Indeed, the Committee on the Elimination of Racial Discrimination has expressed

concern about the disproportionate number of foreigners facing the death penalty and

mentioned several cases of migrant workers who have not received legal assistance and have

been sentenced to death. 10 In December 2024, the Special Rapporteur on extrajudicial,

summary or arbitrary executions and the Special Rapporteur on torture and other cruel,

inhuman or degrading treatment or punishment sent a communication to the Government

regarding the imminent executions of 29 foreign nationals, expressing concern that these

cases “lead to presume a discriminatory application of the death penalty for drug offences on

foreign nationals, previously raised in the context of Saudi Arabia”.11

72.

Moreover, the source alleges that Mr. Al-Saud’s remains have not been returned to

his family in Egypt and the Government has not provided detailed information such as the

date of their transfer to the Egyptian Embassy or of their return to Egypt. The Working Group

“Saudi Ministry of Justice fully implements appeals through pleading and judicial review” (19 June

2021), available at

https://www.moj.gov.sa/English/MediaCenter/News/Pages/NewsDetails.aspx?itemId=705.

10 CERD/C/62/CO/8, para. 18.

11 See communication SAU 5/2024, available from

https://spcommreports.ohchr.org/Tmsearch/TMDocuments.

A/HRC/WGAD/2025/71

12

GE.25-19693

notes that the Government reportedly does not return the remains of executed foreign

nationals, despite its claims to the contrary. In the Working Group’s view, the refusal to allow

foreign death-row inmates to communicate with their families abroad during their detention,

and the authorities’ failure to communicate with the families after the executions, violates

articles 12 and 16 (3) of the Universal Declaration of Human Rights and is another example

of discriminatory treatment. The Working Group urges the Government to return the bodies

of executed foreign nationals, including the late Messrs. Al-Saud and Kamel, to their families.

73.

For these reasons, the Working Group finds that Messrs. E., Al-Saud and Kamel were

deprived of their liberty on discriminatory grounds, on the basis of their foreign nationality.

The deprivation of their liberty violated articles 2 and 7 of the Universal Declaration of

Human Rights and was arbitrary under category V.

(d)

Concluding remarks

74.

Given its finding that Messrs. E., Al-Saud and Kamel were arbitrarily deprived of

their liberty without legal basis and in violation of their rights to a fair trial and to

non-discrimination, the Working Group considers that their death sentences are indefensible

and the execution thereof inexcusable. The executions of Messrs. Al-Saud and Kamel amount

to arbitrary deprivation of life in violation of article 3 of the Universal Declaration of Human

Rights.12

75.

Although Saudi Arabia is not a party to the International Covenant on Civil and

Political Rights, the Government accepted in its submission that the right to life is the most

fundamental of rights; that the safeguards guaranteeing protection of the rights of those facing

the death penalty, as adopted by the Economic and Social Council in its resolution 1984/50

of 25 May 1984, must be observed; and that death sentences should be imposed only for “the

most serious crimes” in accordance with the principle of legality – the standard of customary

international law codified in article 6 (2) of the Covenant.

76.

The Human Rights Council, in its resolutions 48/9 of 8 October 2021, 54/35 of

13 October 2023 and 60/17 of 7 October 2025, stressed that the term “the most serious crimes”

has consistently been read restrictively and interpreted as pertaining only to “crimes of

extreme gravity involving intentional killing” – which clearly exclude drug-related crimes

that do not involve intentional homicide.13 The Working Group has also concluded that

imposing the death penalty for drug-related offences is incompatible with international

standards on the use of the death penalty.14

77.

The Working Group therefore urges the Government to reissue a moratorium on the

death penalty for drug-related offences, if not for all crimes; to review its criminal laws so as

to ensure that the death penalty is not imposed for crimes that do not qualify as the most

serious crimes under international law; and to revoke death sentences handed down for

crimes not qualifying as the most serious crimes under international law and pursue the

necessary legal procedures to resentence those convicted of such crimes, including Mr. E.,

who remains on death row.15

78.

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

international human rights obligations in over 80 cases.16 The Working Group reiterates its

12 Opinion No. 26/2019, para. 112. See also opinion No. 56/2019, para. 90.

13 A/67/275, para. 35.

14 A/HRC/47/40, paras. 41–43. See also opinions No. 72/2019, para. 51; and No. 36/2022, para. 109.

15 The Working Group notes that the Human Rights Committee, in its general comment No. 36 (2018)

on the right to life (para. 35), recommended precisely this course of action for States that retain the

death penalty, restating that the term “the most serious crimes” must appertain only to crimes of

extreme gravity involving intentional killing and that crimes not resulting directly and intentionally in

death, such as drug offences, although serious in nature, can never serve as the basis for the

imposition of the death penalty.

16 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. 71/2024, No. 1/2025, No. 26/2025,

No. 31/2025 and No. 37/2025.

A/HRC/WGAD/2025/71

GE.25-19693

13

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.

79.

In the light of the gravity of the findings of human rights violations in the present case,

the Working Group once again avails itself of the opportunity to invite the Government of

Saudi Arabia to ratify the International Covenant on Civil and Political Rights.

80.

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

81.

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

The deprivation of liberty of Mr. E., Farhat Fathi Abdel Maksoud Abu al-Saud and

Mohamed Kamel Salah Kamel, being in contravention of articles 2, 3, 5, 6, 7, 8, 9, 10,

11 (1) and (2), 12 and 16 (3) of the Universal Declaration of Human Rights, is arbitrary

and falls within categories I, III and V.

82.

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

necessary to remedy the situation of Mr. E. and the late Messrs. Al-Saud and Kamel without

delay and bring it into conformity with the relevant international norms, including those set

out in the Universal Declaration of Human Rights.

83.

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

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

bereaved families of the late Messrs. Al-Saud and Kamel an enforceable right to

compensation and other reparations, including the repatriation of the remains of the deceased,

in accordance with international law.

84.

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

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

and the late Messrs. Al-Saud and Kamel and to take appropriate measures against those

responsible for the violation of their rights.

85.

The Working Group recommends that the Government of Saudi Arabia ratify the

International Covenant on Civil and Political Rights.

86.

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

the present case to the Special Rapporteur on extrajudicial, summary or arbitrary executions

and the Special Rapporteur on torture, for appropriate action.

87.

The Working Group requests the Government to translate and publish the present

opinion and disseminate it through all available means and as widely as possible.

4.

Follow-up procedure

88.

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

(b)

Whether compensation or other reparations, including the repatriation of the

remains of the deceased, have been made to Mr. E. and the bereaved families of the late

Messrs. Al-Saud and Kamel;

(c)

Whether an investigation has been conducted into the violation of the rights of

Mr. E. and the late Messrs. Al-Saud and Kamel and, if so, the outcome of the investigation;

A/HRC/WGAD/2025/71

14

GE.25-19693

(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.

89.

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.

90.

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.

91.

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.17

[Adopted on 14 November 2025]

17 Human Rights Council resolution 60/8, paras. 6 and 9.