The Deteriorated Conditions of a Jailed Saudi Human Right Advocate

The defense team of advocates of democracy, justice and human rights

Dr. Saud Hassan Al-Mukhtar al-Hashimi, a member of the current of democracy, justice and human rights, decides to go on an indefinite hunger strike starting on Monday, June 1st 2009, in protestation of the ongoing flagrant human-right violations that have been inflicted on him by the Saudi Authorities.

Here, we mean blatant human right abuses that we constantly continue to report, reiterate, remind and bring to the popular attentions because they touch sanctity of justice and taint the rule of law. In particular, we specifically mean the sanctity and respect of the criminal statute, i.e., Criminal Procedure Law.

Most importantly, the applicability of rule of law that maintains dignity and respect to human beings. Unfortunately, to the contrary, when the authority arrests anyone they deliberately step on the respect of rule of law.

We are deeply saddened by the Ministry of Interior’ flagrant violations and blatant abuses of the law (the Criminal Procedure Code), which is a binding law for the Ministry and has been promulgated to protect basic human rights for all prisoners. The law clearly states the following:

1. “The Bureau of Investigation and Prosecution shall conduct its investigation and prosecution in accordance with its Law and the implementing regulations thereof” (Article 14).

2. “An arrested person shall not be subjected to any bodily or moral harm. Similarly, he shall not be subjected to any torture or degrading treatment” (Article 2).

3. “Any accused person shall have the right to seek the assistance of a lawyer or a representative to defend him during the investigation and trial stages” (Article 4). “During the investigation, the accused shall have the right to seek the assistance of a representative or an attorney” (Article 64).

4. “Any such person shall be treated decently and shall not be subjected to any bodily or moral harm” (Article 35).

5. “He shall also be advised of the reasons of his detention and shall be entitled to communicate with any person of his choice to inform him of his arrest” (Article 35). “When the accused appears for the first time for an investigation, the Investigator shall take down all his personal information and shall inform him of the offense of which he is charged” (Article 101).

6. “ In all cases, the Investigator shall order that the accused may not communicate with any other prisoner or detainee, and that he not be visited by anyone for a period not exceeding sixty days if the interest of the investigation so requires, without prejudice to the right of the accused to communicate with his representative or attorney” (Article 119)

7. “In cases that require detention for a longer period, the matter shall be referred to the Director of the Bureau of Investigation and Prosecution to issue an order that the arrest be extended for a period or successive periods none of which shall exceed thirty days and their aggregate shall not exceed six months from the date of arrest of the accused” (Article 114).

8. “Thereafter, the accused shall be directly transferred to the competent court, or be released” (Article 114).

9.  Visitation rights by attorneys, families, and friends.
          
In spite of all these clear and binding articles, Dr. Al-Hashemi has been languishing in his solitary confinement for more than twenty seven months with neither official indictments nor a chance in a fair-court trial. In top of this injustice, he has been suffering from other painful and flagrant violations, most glaring of which:
 
• Physical and psychological tortures: At a holiday night (an end of Ramadan celebration), the prison authority temporarily released all fellow detained activists to spend the occasion with their families, with the exception of  Dr. Al-Hashemi and Dr. Mousa Al-Qarni who spent that night in their prison cells. In particular, the former couldn’t get any sleep because he was bothered by a deafening music set by the prison guards until late at night. When he insisted on his right for a quite time and called on guards to tone down the load music, seven officers entered his prison cell and severely beat him.

After some resistance, they subdued him and kept him shackled in a standing position for more than ten hours, then transferred him to a dark cell. In one occasion, when Dr. Al-Hashemi was taken to the hospital for a medical surgery, he was taken on chains and completely surrounded by guards and when the operating surgeon saw him he screamed on tears because he recognized professor Al-Hashemi when the latter taught him at King Abdulaziz University Medical School.

• Deprivation from his visitation right for a long time: Dr. Al-Hashemi had been deprived from visitors for more than fourteen months from the beginning of his arrest and, at sometime, visitations were only restricted to his aging mother and sister.

• Constant harassments even in his religious practices: He was not given a copy of the holy Koran until after two months of his arrest and, on several occasions; it was taken away from him. When they allowed his family to visit him, they restricted his right for getting the holly (Zamzam) water. He spent a long period of time not knowing prayers times and the correct direction, he asked them with no answers until he finally discovered by accident that he had been praying at the wrong times and towards a mistaken direction.

• Death threats: In many occasions, a leading integrating officer-that we, at least for now, disguise his identity and his flagrant abuses-threatened Dr. Al-Hashmi that he would kill him and no one would know about it unless he cooperates and confesses to him.

• Instigating fellow colleagues against him: The same interrogator tried to cut a plea bargain that grants other jailed activists reduced sentences or even setting them free if they can implicate Dr. Hashemi by testifying against him, but they refused.

• Medical negligence: For a long period of time, Dr. Al-Hashemi had suffered from gum infections because he wasn’t given a tooth brush until late. He also suffered from colon, gold bladder, and constant bleedings; due to his medical trainings, he would every time tell them about his pains and they would just ignore him.

We are very sure that Dr. Al-Hashemi has faced all of these difficulties, and there are even more that we have not mentioned. We are, furthermore, astonished, amazed, and question: how could all of these abuses happen in the Department of General Investigation’s prison systems? How has the human degradation deteriorated to such a low status?

These abuses took place to one of the most patriot who deeply loves his country, who received a personal invitation from one of the king’s son to attend Al-Jenadriah festivities only one week prior to his arrest.
He also received a letter of appreciation from the Minister of Culture and Information due to his appearance in the 1st Saudi TV Channel in efforts to raise funds to help Iraqis.

Moreover, Dr. Al-Hashemi received a letter of acknowledgment from the Interior Minister to his proposal for a sudden emergency plan during the American invasion of Iraq, that plan was circulated to several governments’ officials to seek their opinions.
Dr. Al-Hashemi also received another letter of appreciation from the Minister of Foreign Affairs for his efforts and participations in a workshop for volunteers.

On top of all these awards, comes his professional carrier which is full of accomplishments, all of these are forgotten and rejected. Instead, Dr. Al-Hashemi has been punished and treated harshly as a result of specific guidance and personal stances as other detained activists have witnessed, and what Assistant Interior Minister told Dr. Al-Hashemi’s brother that he would be taken to court then a month later he would be set free by a king’s pardon?!

One year has passed since then and nothing has happened, although some prison conditions have improved because of their participation in a hunger strike and rule played by their defense team, but that does not mean we should be silent on the face of transgression and aggression.

We, as their defense team, find ourselves obliged to defend Dr. Al-Hashemi and the rest of his detained colleagues until the earn their rights for either fair and public trials or an immediate release. We also announce our total support and solidarity with their plight and we are sure that any injustice must have an end, and free sols refused and reject aggressions. It is an obligation on all of us to refuse injustice and to call on rule of law, and that what we really  need.   

The defense team of advocates of democracy, justice and human rights:

1 - Waleed Sami Abu AlKhair / writer, researcher, and attorney at law.
2 - Hashim Abdullah Refa'ee / writer and activist.
3 - Abdel-Mohsen Ali ALayashi / activist.

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