Report of WGAD regarding Dr. Salman Fahd Al-Odah and Khalid Al-Odah

On September 1, 2023, WGAD issued Opinion No. 2023/56 concerning Salman Fahd Al-Odah and Khalid Al-Odah, two Saudi brothers who have been detained since 2017. The Working Group concluded that their detention is arbitrary and constitutes a violation of international human rights.

Procedures of WGAD

In accordance with its working methods, after receiving information about the detention of Dr. Salman Al-Odah and his brother Dr. Khalid Al-Odah, WGAD sent a letter to the government of the Kingdom of Saudi Arabia regarding Salman Fahd Al-Odah and Khalid Al-Odah on March 5, 2023.

The government responded to the letter on April 27, 2023, confirming that they are detained under the anti-terrorism law.

Conclusions of WGAD:

After examining the case, WGAD concluded that the detention of Salman Fahd Al-Odah and Khalid Al-Odah is arbitrary and constitutes a violation of international human rights, as follows:

There is no clear legal basis justifying their detention

The Saudi government claimed that the detention of Salman Fahd Al-Odah and Khalid Al-Odah is based on anti-terrorism laws. However, WGAD found no evidence that they had committed any terrorist crime. The Group also noted that the Saudi anti-terrorism law is ambiguous, and the government is exploiting it to suppress political opposition.

Their detention results from their exercise of the right to freedom of expression

WGAD considers that the actions of Mr. Salman Al-Odah and Mr. Khalid Al-Odah fall within their right to freedom of opinion and expression under Article 19 of the Universal Declaration of Human Rights. They were detained for exercising these rights. The Group concluded that the detention of Salman Fahd Al-Odah and Khalid Al-Odah aims to suppress their opposing voices.

They were not granted a fair trial

WGAD on Arbitrary Detention concluded that the detention of Salman Fahd Al-Odah and Khalid Al-Odah violates the right to a fair trial. They were not given adequate opportunities to defend themselves and were not presented before an independent and impartial court.

WGAD concluded:

• The deprivation of Mr. Salman Al-Odah’s freedom, in conflict with Articles 2, 3, 6, 7, 8, 9, 10, 11, 18, and 19 of the Universal Declaration of Human Rights, is arbitrary and falls within categories I, II, III, and V.

• The deprivation of Mr. Khalid Al-Odah’s freedom, in conflict with Articles 2, 3, 6, 7, 8, 9, 10, 11, and 19 of the Universal Declaration of Human Rights, is arbitrary and falls within categories I, II, III, and V.

• WGAD requests the government of the Kingdom of Saudi Arabia to take the necessary steps to rectify the situations of Mr. Salman Al-Odah and Mr. Khalid Al-Odah without delay and make them compliant with the relevant international standards, including those set forth in the Universal Declaration of Human Rights.

• WGAD considers that, considering all the circumstances of the case, the appropriate solution would be the immediate release of both individuals and granting them the right to compensation and other forms of redress, in accordance with international law.

• WGAD urges the government to ensure a full and independent investigation into the circumstances surrounding the arbitrary deprivation of freedom of both individuals and to take appropriate measures against those responsible for violating their rights.

• In accordance with paragraph 33(a) of its working methods, WGAD refers the current case to the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, for further consideration.