Urgent Appeal

Saudi Arabia: Israa Al-Ghomgham no longer facing death penalty

05-02-2019

The Observatory has been informed by reliable sources about the ongoing arbitrary detention and judicial harassment of Ms. Israa Al-Ghomgham, a human rights defender from the region of Qatif, an eastern coastal city with a Shia majority, after documenting and denouncing human rights violations during peaceful pro-democracy demonstrations [1].

According to the information received, on January 31, 2019, the authorities confirmed in a public statement that they would not seek the imposition of the death penalty against Ms. Israa Al-Ghomgham, prosecuted for “illegal protests” before the Specialised Criminal Court (SCC) [2] together with five other defendants [3].

On January 13, 2019, Ms. Israa Al-Ghomgham was due to appear before the SCC for the fourth time, but the hearing was postponed over internal restructuring of the Court. The Prosecutor had called to apply the death penalty against Ms. Israa Al-Ghomgham in her first hearing (see background information), making her the first female human rights defender to eventually be executed in Saudi Arabia.

Ms. Israa Al-Ghomgham remains detained in Al-Dhamam General Intelligence Prison and the same charges are still pending against her. Four of her five male co-defendants are still facing death penalty. The new hearing date has not been publicised yet.

On October 12, 2018, United Nations Special Procedures expressed their concern over Ms. Israa Al-Ghomgham arbitrary detention and threats of death penalty [4].

The Observatory reiterates its deepest preoccupation regarding the physical and psychological integrity of Ms. Israa Al-Ghomgham, especially as she does not have access to her relatives nor to her lawyer, and as she failed to appear to her precedent hearings.

The Observatory recalls that many other female human rights defenders face arbitrary detention and judicial harassment in Saudi Arabia.

The Observatory strongly condemns the ongoing arbitrary detention and judicial harassment of Ms. Israa Al-Ghomgham and all the human rights defenders in the country, and calls on Saudi authorities to immediately and unconditionally release them.

Background information:

Ms. Israa Al-Ghomgham was arbitrarily arrested on December 8, 2015, after the Saudi authorities launched a raid at her home, arbitrarily arresting her and her husband. Both have been detained in Dammam’s al-Mabahith prison since then.

On August 15, 2018, the Saudi Public Prosecution called the court to apply the death penalty against Ms. Israa Al-Ghomgham, who was brought before the SCC in Riyadh along the five above-mentioned other activists for her first court session after 32 months of arbitrary detention. The Public Prosecution accused the six defendants of “participating in protests in the Qatif region,” “incitement to protest,” “chanting slogans hostile to the regime,” “attempting to inflame public opinion,” “filming protests and publishing on social media,” and “providing moral support to rioters”, charges that do not correspond to any codified crime. The Public Prosecution called for the death penalty based on the Islamic law principle of ta’zir, in which the judge has discretion over the definition of crimes and sentences. During this hearing, Ms. Israa Al-Ghomgham had no access to legal representation.

On October 28, 2018, Ms. Israa Al-Ghomgham failed to appear before the SCC, during the second hearing. During this hearing, the accused could not present their defence as the hearing was abruptly cancelled for unknown reasons.

On November 21, 2018, Ms. Israa Al-Ghomgham once again failed to appear before the SCC for the third hearing while the five other defendants were present. The reasons for her non-attendance remain unknown.

The third session was devoted to the presentation of the defence of the accused. Three of the accused could present their defence and were told that their next hearing was scheduled for January 13, 2019. The other three accused, including Ms. Israa Al-Ghomgham, were told that they would have the opportunity to present their defense “in two months”.