Hussein Abo Al-Kheir, a Jordanian national and father of eight children was handed a death sentence in the Kingdom of Saudi Arabia in 2015, in a case publicised by respected international non-governmental organisations, Reprieve and Human Rights Watch (HRW). This is an important case for a number of reasons. Firstly, the numerous human right violations that occurred, including torture and lack of legal representation throughout the trial. Secondly, the lack of condemnation from foreign allies who have the political clout to do so. Thirdly, it is one case out of hundreds and stands as an example of the pervasive human rights challenges in the Saudi judicial system. According to Amnesty International there were 184 executions in Saudi Arabia in 2019 alone, and the numbers keep increasing.
CONVICTED ON SUSPICION OF DRUG SMUGGLING
Al-Kheir was reportedly falsely convicted under the Saudi judicial system for possessing and smuggling unlawful narcotic substances. His car was pulled over by the local authorities and he was convicted on suspicion, reportedly without the vehicle itself even being searched. Human Rights Watch and Reprieve report that Al-Kheir was on the road from Aqaba, Jordan into Saudi Arabia where he was at the time working as a driver. The crime of drug smuggling falls under a “tazir” punishment in Saudi Arabia, where suspicion alone is enough to prosecute the defendant, and where the judge alone has the discretion to pass down the final verdict.
The case has spanned over six years to date, starting with the initial arrest in May 2014. A “confession” was signed under torture without any legal representatives present. Al-Kheir first appeared before the Supreme court and later the Criminal court. A retrial occurred in early 2017 where the case was over-turned in favour of Al-Kheir, revoking the death sentence. It is unclear, however, whether any formal appeal was actually made on his behalf. Yet in November 2017 Al-Kheir was re-handed the original verdict by the Criminal court in the Tabuk province, which was made final under Saudi law. It is also unclear why the decision was reversed and whether or not the Saudi state appealed, yet as it falls under a tazir crime it is likely that the discretion of the judge was enough to return to the initial verdict without meeting any internal legal challenge. As a result, Al-Kheir now faces imminent public execution by beheading.
HUMAN RIGHTS CONCERNS
According to the Americans for Democracy & Human Rights in Bahrain (ADHRB) the treatment he received from the Saudi state resulted in deterioration of Al-Kheir’s physical and mental condition. This is a result of the continued physical torture, along with humiliation and insults to which he was subjected throughout. He also lacked legal representation or legal aid throughout the process.
The Saudi government has violated provisions of the Universal Declaration of Human Rights (UDHR) and has broken numerous laws through violations of human rights. The government has violated the right to equality and non-discrimination, the prohibition against torture, the right to an effective remedy and arbitrary arrest, all rights protected under the UDHR. Saudi Arabia came to be a member state of the United Nations (UN) on 24 October 1945, and therefore also have obligations under the United Nations Charter to respect and protect human rights. It is worthy to note that Saudi Arabia is not a Party to the International Covenant on Civil and Political Rights, but they have acceded to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
WHY NOT ENOUGH IS BEING DONE
Despite the serious human rights challenges evident in the judicial system of Saudi Arabia, foreign allies, even those that purport to be defenders of human rights, such as the United States of America (USA), have not condemned these executions and torture. One explanation for this is that Saudi Arabia and the USA have been key allies for decades, due to the interest of oil resources. Americans developed Saudi Arabia’s oil with the establishment of the Saudi Arabian Oil Company (ARAMCO) in 1933. ARAMCO is completely Saudi-owned and has one of the world’s largest reserves of crude oil.
Due to economic relations and consequent lack of political pressure from outside Saudi Arabia, the government has attempted to shift focus away from human rights allegations according to the G20 summit interview which was recently released. According to the European-Saudi Organisation for Human Rights (ESOHR), due to economic revenue benefitting particularly the USA and Europe, these Western allies have shied away particularly from accountability measures and also in turn for more favourable trade deals, giving Saudi Arabia protection from accountability for serious human rights violations.
It would not be the first time that oil revenue caused the USA to turn a blind eye to human rights violations. The exchange of arms from the USA in exchange for petrodollars keeps going. In turn these weapons fuel the war against Yemen. This comes as no surprise. Saudi Arabia clearly play a key role in keeping stability within the Gulf. With the USA being such a pivotal ally in foreign state affairs with Saudi Arabia, they should, together with other countries in economic partnership with Saudi Arabia, call upon the Saudi government to release prisoners, including Al-Kheir, arrested under false pretences.
A video posted by ESOHR of Al-Kheir’s sister pleading with the United Nations Human Right Council and asking them “who will protect them [ from murder because of charges proved under torture?”, underscores the challenges of centralised decision-making in Saudi Arabia, and its serious impact on human rights. The response of an interviewed Saudi Minister Adel Al-Jubeir during the recent G20 Summit held in Saudi Arabia shows just how much concentrated this centralized power has become. In response to calls to release those unfairly imprisoned, the Minister stated that “The kingdom […] would not allow people to lecture it”.
POTENTIAL FOR MORE PRESSURE
Nevertheless, pressure appears to be mounting on Saudi Arabia, as can be seen from the calls for boycotting the G20 Summit and also in relation to jailed activists and unfair trials such of that of Al-Kheir. Cases such as that of Al-Kheir, along with cases of prominent political dissidents such as Jamal Khashoggi and Loujain Al-Hathloul make it that more difficult for foreign investment to make its way into the Kingdom. The government will have to address its human rights record if it hopes to sustain economic development and attract investment.
The human rights record is also closely related to political challenges especially for the current highly centralised monarchy. The new administration of Joe Biden in the USA may also result in a new wielding of political pressure which was relaxed under the Trump administration, and the Saudi government will have to address its human rights record if they are to make friends and not foes of those in the West under the Biden administration.
At the international level there may be several advantages that the Biden administration possess in their new partnership with the Gulf Kingdom. Therein lies an opportunity to dial-down arms sold to Saudi in an attempt to pressurise Saudi Arabia into improving their international image. Joe Biden will definitely make trade agreements more difficult for the young and ambitious crown prince Mohammed Bin-Salman who is now the face of the Saudi Kingdom.
Jacob Adib is currently an Analyst for the MENA region focusing on Drinks & Tobacco research. He mainly handles the Levant countries Jordan, Iraq occasionally Lebanon as well as Morocco, and Tunisia . He has recently written about the impact that Coronavirus is having on the Tobacco market across the Arab World. Coming from the Middle East, previous studies, current work and ongoing passion for Human Rights causes him to care deeply about the corruption that topples the most marginalised and impoverished especially in Saudi Arabia, Palestine, Syria and Iraq.