From the President

H. R. H. Nayef Bin Abdul Aziz

Al  Saud

P. O. Box 2993, Riyadh 11134

Tel: 401-1944

Fax: 403-1185

 

13 July 2010

 

Dear Minister,

Mr. Suliman Al-Reshoudi

The Law Society is the professional body representing more than 138,000 solicitors in England and Wales. Its concerns include upholding the independence of legal professions, the rule of law and human rights throughout the world.

The Law Society is concerned for Mr. Suliman Al-Reshoudi, former judge and member of the Saudi Civil and Political Rights Association who, has been arrested and detained without charges on 2 of February 2007 by the Directorate of General Investigations in Jeddah, Saudi Arabia. Mr. Suliman Al-Reshoudi has been held for more than three years in incommunicado detention in violation of Article 116 of the Saudi Basic Law of Governance and the Law of Criminal Procedure. A legal action was open against the Ministry of Interior in the Administrative Court in Riyadh on 29 August 2009 but until now the reasons for detention have not been disclosed to either Mr. Suliman Al-Reshoudi  or to his legal representative.

We are informed that, on 29 August 2009 Mr. Suliman Al-Reshoudi ‘s defence team presented a letter to the chief of the Investigative and Prosecution Bureau in accordance with Article 39 of the Criminal Procedure Law which give the right to any person aware of the unlawful detention of any prisoner to inform the Bureau of Investigation and Prosecution so as to authorise them to open an investigation. The notification letter was refused on the basis that the request to the Chief of the Investigative and Prosecution Bureau fell outside its authority to investigate the Directorate of General Investigations and it was not officially recorded as a violation of municipal legislation.

This concerns us because it seems that Mr. Suliman Al-Reshoudi  may have been subjected to unfair proceedings, degrading treatment and has been detained without a legitimate charge for over three years.

We recall that Saudi Arabia became party to the UN Convention against Torture and other Cruel, Inhumane or degrading Treatment or Punishment on 23 September 1997 and is bound to uphold its provisions,  including those contained in Articles 2(1), 11, 12 and 13 which require that:

2 (1) Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2 (2) No exceptional circumstances whatsoever, whether a state of war or a threat of war , internal political instability or any other public emergency, may be invoked as a justification of torture.

12. Each State Party shall ensure that its competent  authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

13. Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complaint and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

 

Additionally,  we would like to restate the value of inherent human dignity and the universal duty to promote and protect human rights defenders in accordance with Articles 5, 9 and 10 of the United Nations Universal Declaration of Human Rights (1948) which provides that:

5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

9. No one shall be subjected to arbitrary arrest, detention or exile.

10. Everyone is entitled in full equality, to a fair and public hearing  by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.                      

In this context, we would like to draw you attention to Articles 7 and 8 of the United Nations Basic Principles on the Role of Lawyers (1990) and Principle 19 of the United Nations Body of Principles  for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) which state that:

7. Governments shall  further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case no later than forty-eight hours from the time of arrest or detention.

8. All arrested, detained or imprisoned persons shall be provided with adequate opportunity, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing of law enforcement officials.

And respectively that,

19. A detained or Imprisoned person shall have the right to be visited by and to correspond with, in particular, members of his family and shall be given adequate opportunity to communicate with the outside world, subject to reasonable conditions and restrictions as specified by law or lawful regulations.

On  behalf of the Law Society, I respectfully urge that, unless there is substantial evidence to show that Mr. Suliman Al-Reshoudi  may have committed a recognisable criminal offence, the proceedings against him should be dropped and he should be freed from the Directorate of General Investigations custody. At the last an effective investigation should be undertaken concerning the circumstances surrounding his arrest and detention so that the Saudi authorities can be seen to be respecting their treaty obligations under international law.

Yours Sincerely,

To see the original letter open the link

http://www.4shared.com/document/7RlE1wmO/SaudiArabia20100714115032.html