We the undersigned organisations, express grave concern regarding the ongoing arbitrary detention of lawyer and human rights defender Waleed Abu al-Khair since April 15, 2014.
Waleed Abu al-Khair is a prominent human rights lawyer known for defending peaceful activists, political reformers, and victims of state repression in Saudi Arabia. He has been involved in high-profile human rights cases, including providing legal representation to blogger Raif Badawi, arrested in 2012 and who served ten years in prison for setting up a debate website, and supporting women’s rights activist Samar Badawi. As the head of the Monitor of Human Rights in Saudi Arabia, he has published about human rights violations in the country. His legal work consistently challenged arbitrary detention, lack of due process, and restrictions on civil liberties—making him a central figure in the country’s human rights movement. Waleed Abu al-Khair has been internationally recognized for his tireless advocacy for human rights and justice in Saudi Arabia, receiving the 2018 Right Livelihood Award, the 2019 American Bar Association International Human Rights Award, and the 2021 Olof Palme Memorial Fund Prize.
On April 15, 2014, human rights lawyer Waleed Abu al-Khair was arrested during a court session at the Specialised Criminal Court in Riyadh. Reportedly, his family and legal counsel were uninformed about his detainment for 24 hours, and he was held incommunicado for 2-3 months. He continues to be subjected to ill-treatment, including sleep deprivation and denial of medication.
On 22 April 2014, during the beginning of Mr. Abu al-Khair’s trial, lawyers present in the courtroom reported that the judge allegedly refused to explain the reasons for his arrest or detention, further denying his right to a fair trial.
Ultimately, in July 2014, Mr Abu al-Khair was charged with a range of politically motivated offenses, including “undermining the regime,” “breaking allegiance to the ruler,” “insulting the judiciary,” “inciting public opinion,” “founding an unlicensed organisation,” and “violating the cybercrime law” through peaceful advocacy and public statements—charges that directly criminalise his legitimate human rights work. Mr. Abu al-Khair was sentenced to 15 years in prison, a 15-year travel ban, as well as a fine of 200,000 Saudi riyals.
During his imprisonment, Mr Abu al-Khair has endured severe mistreatment including restricted visits, denial of basic necessities such as a mattress and adequate temperature control, and confiscation of reading materials. Since his arrest in 2014, Waleed Abu al-Khair has been subjected to multiple prison transfers, often under harsh and punitive conditions. He was initially held at al-Ha’ir Prison in Riyadh, then transferred to Bureiman Prison in Jeddah, and later moved to Dhahban Prison in Jeddah—where he is currently detained. These transfers, at least five, were frequently abrupt and without explanation. The repeated moves appear to be a form of retaliation for his refusal to cooperate with authorities and for his continued insistence on defending his rights. This most recent transfer is most concerning as Mr Abu al-Khair reportedly faced physical abuse from other inmates whilst also being denied proper medical care.
In 2015, the United Nations Working Group on Arbitrary Detention (WGAD) formally declared his detention arbitrary, violating Articles 9, 10, 19, and 20 of the Universal Declaration of Human Rights. The WGAD held his detention to be arbitrary on the grounds that he was detained for exercising his rights to freedom of expression and peaceful assembly and following grave violations of fair trial rights. The Group determined that his prosecution was part of a broader pattern of reprisals against human rights defenders in Saudi Arabia. The Group was further concerned by his trial having been held before the Specialised Criminal Court—originally established for terrorism cases—under vague and overly broad charges criminalising peaceful activism. It concluded that this continued detention exemplified the misuse of legal frameworks to silence dissent and called for his immediate release.
However, despite Saudi Arabia’s recent release of other political prisoners, Mr Abu al-Khair remains unjustly detained, having now spent over a decade behind bars.
The arrest, trial and detention of Mr Abu al-Khair are in violation of the UN Basic Principles on the Roles of Lawyers, notably, Principles 16, 17, 18 and 23:
- “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.”
- “Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.”
- “Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.”
- “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.”
Therefore, we the undersigned organisations, call on the Saudi Arabian authorities to:
- Immediately and unconditionally release Waleed Abu al-Khair;
- Pending his release, ensure his immediate access to necessary medical care and medication, and halt all forms of mistreatment;
- Halt all acts of intimidation and harassment against lawyers, and other human rights defenders, including arbitrary arrest and detention.
- Ensure that all lawyers in Saudi Arabia can carry out their professional duties without intimidation, hindrance or improper interference.
- Ensure access to justice and due process for all persons accused of criminal offences. Ensure the right to freedom of expression for everyone and halt the persecution of civil society activists.
SIGNATORIES:
- ALQST for Human Rights
- Centre for Applied Human Rights
- The Law Society of England and Wales
- Lawyers for Lawyers
- Right Livelihood
Read the statement in pdf format here.
