Decision of the WGAD Regarding Mr. Muhammed Nasser Al-Ghamdi

The Working Group on Arbitrary Detention of the United Nations Human Rights Council has issued a decision confirming that the detention of Mr. Muhammed Al-Ghamdi is arbitrary and violates his basic human rights, necessitating his immediate release and the provision of necessary compensation.

In its decision, the Working Group stated that Mr. Al-Ghamdi’s deprivation of liberty contradicts Articles 3, 9, 10, 11, and 19 of the Universal Declaration of Human Rights. This deprivation falls under categories II and III and is considered a crime against humanity. Consequently, the appropriate solution is the immediate release of Mr. Al-Ghamdi along with granting him compensation and necessary entitlements.

The Working Group emphasized that the tweets posted by Mr. Mohammed Al-Ghamdi on Twitter, which led to his arrest, fall under peaceful expression protected by Article 19 of the Universal Declaration of Human Rights. Therefore, he should not have been arrested nor subjected to any trial. Despite this, his trial continued, violating fair trial standards.

The decision also noted that Mr. Al-Ghamdi’s right to legal assistance and to appoint a lawyer of his choice during his detention was violated. The Saudi authorities appointed a lawyer for Al-Ghamdi, significantly undermining his ability to defend himself in any judicial proceedings. Additionally, Mr. Al-Ghamdi was not given sufficient time to prepare his defense.

The Working Group urges the Saudi government to ensure a thorough and independent investigation into the circumstances surrounding Mr. Al-Ghamdi’s arbitrary arrest and deprivation of liberty and to take appropriate measures against those responsible for violating his rights.

The Working Group found that Saudi Arabia has violated its international human rights obligations in more than 75 cases, indicating a widespread and systemic issue of arbitrary detention in the country, constituting a serious breach of international law. The Working Group notes that under certain circumstances, widespread or systematic imprisonment or severe deprivation of liberty can amount to crimes against humanity.

The Working Group has requested that Mr. Al-Ghamdi’s lawyer and Saudi Arabia provide information within six months on whether Saudi Arabia has complied with the recommendations in this decision and to provide details on the measures taken to implement it.