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Saudi Arabia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

The government or its agents engaged in arbitrary or unlawful killings. On October 2, Jamal Khashoggi, a prominent Saudi journalist who lived abroad in “self-exile,” was killed by government agents during a visit to the Saudi Arabian consulate in Istanbul, Turkey. The government initially claimed he had left the consulate in good health but changed its story as facts came to light. On November 15, the PPO announced the indictment of 11 suspects in Khashoggi’s killing and that it would seek the death penalty for five of them charged with murder. The PPO added that an additional 10 suspects were under investigation in connection with the case. The PPO did not name the suspects. Previously, on October 19, the government announced the dismissal of five senior officials, including Royal Court advisor Saud al-Qahtani and Deputy Chief of the General Intelligence Presidency Ahmad al-Asiri, in connection with Khashoggi’s killing. In 2016 authorities reportedly banned Khashoggi from writing, appearing on television, and attending conferences due to remarks he made that were interpreted as critical of foreign and Saudi government officials, according to multiple media sources.

On March 12, the New York Times reported that unnamed sources said 17 detainees–among them princes, businessmen, and former and current government officials–held at the Ritz Carlton Hotel in Riyadh in November 2017 had required hospitalization for physical abuse and that one had died in custody.

Under the country’s interpretation and practice of sharia (Islamic law), capital punishment may be imposed for a range of nonviolent offenses, including apostasy, sorcery, and adultery, although in practice death sentences for such offenses were rare and often reduced on appeal. The government, however, frequently implemented capital punishment for nonviolent drug trafficking offenses. According to the governmental Saudi Press Agency, the country carried out 145 executions as of December 19, 57 of which were for drug-related offenses. Three of those executions were carried out in public.

Since the country lacks a comprehensive written penal code listing criminal offenses and the associated penalties for them (see section 1.e.), punishment–including the imposition of capital punishment–is subject to considerable judicial discretion. Defendants are able to appeal their sentences. The law requires a five-judge appellate court to affirm a death sentence, which a five-judge panel of the Supreme Court must unanimously affirm. Appellate courts may recommend changes to a sentence, including increasing a lesser sentence to the death penalty.

Defendants possess the right under the law to seek commutation of a death sentence for some crimes and may receive a royal pardon under specific circumstances (see section 1.d.).

Many of those executed during the year had been convicted in trials that did not meet international minimum fair trial standards, according to NGOs such as Amnesty International. Amnesty noted that “those sentenced to death are often convicted solely on the basis of ‘confessions’ obtained under torture and other mistreatment, denied legal representation in trials which are held in secret, and are not kept informed of the progress of the legal proceedings in their case.”

In August the public prosecutor charged six Eastern Province activists with offenses that potentially could lead to death sentences based on the sharia principle of ta’zir, or “discretionary” punishments, according to HRW. The judge has discretion over the definition of what constitutes a crime and the sentence. The activists had initial hearings before the Specialized Criminal Court (SCC), set up in 2008 to try terrorism cases, on charges including “participating in violent protests” in the Qatif area of Eastern Province. Local and international human rights organizations noted the hearings before the SCC lacked transparency and did not adhere to minimum fair trial standards.

On March 15, seven UN experts issued a statement expressing concern over the pending death sentence of Abbas Haiji al-Hassan and 14 others, whom the SCC convicted of spying for Iran, financing terrorism, and illegally proselytizing in 2016. The experts called on the government to annul the death sentences, which had been upheld by further court rulings in July and December 2017. Al-Hassan was later transferred to the State Security Presidency (SSP), and his sentence was, at year’s end, subject to ratification by the king. The UN report commented: “We are concerned that these individuals were subjected to torture during their interrogation to obtain confessions and that the death sentences may be based on evidence obtained under these conditions.”

The government also imposed death sentences for crimes committed by minors. According to the European Saudi Organization for Human Rights (ESOHR), at year’s end eight individuals on death row were minors when detained, or at the time they committed offenses. The new Juvenile Law (approved by Royal Decree No. M/113, dated August 1, 2018), however, sets the legal age at 18 based on the Hijri calendar and in some cases permits detention of minors in a juvenile facility for up to 15 years if the crime is otherwise punishable by death.

At year’s end the government had not carried out the execution of Ali Mohammed Baqir al-Nimr, sentenced to death in 2014 for crimes he allegedly committed when he was 17. Al-Nimr was charged with protesting, aiding and abetting fugitives, attacking security vehicles, and various violent crimes. Human rights organizations reported due process concerns relating to minimum fair trial standards for his case. Al-Nimr was the nephew of Shia cleric Nimr al-Nimr, executed in 2016.

There were terrorist attacks in the country during the year. A police officer, a Bangladeshi national, and two attackers were killed in a terrorist attack claimed by ISIS that targeted a security checkpoint in Buraidah, Qassim Province, on July 8.

d. Arbitrary Arrest or Detention

The law provides that no entity may restrict a person’s actions or imprison a person, except under the provisions of the law. The law of criminal procedure provides that authorities may not detain a person for more than 24 hours, except pursuant to a written order from a public investigator. Authorities must inform the detained person of the reasons for detention. Regardless, the Ministry of Interior and the SSP, to which the majority of forces with arrest powers reported, maintained broad authority to arrest and detain persons indefinitely without judicial oversight, notification of charges, or effective access to legal counsel or family. Authorities held persons for months and sometimes years without charge or trial and reportedly failed to advise them promptly of their rights, including their legal right to be represented by an attorney. Under the law of criminal procedure, detentions can be extended administratively for up to six months at the discretion of the PPO.

The Supreme Anti-Corruption Committee, formed by Royal Order No. (A/38) in November 2017, was granted broad powers, including the authority to issue arrest warrants and travel bans, freeze accounts and portfolios, and take whatever measures deemed necessary to deal with those involved in public corruption cases.

In January the public prosecutor stated the committee summoned 381 persons for questioning, of whom 56 suspects were still held on graft charges. On April 8, the public prosecutor began investigations and opening arguments for the remaining 56 suspects. In an October 5 interview with Bloomberg News, Crown Prince Mohammed bin Salman declared only eight suspects remained.

The PPO may order the detention of any person accused of a crime under the 2017 counterterrorism law for up to 30 days, or successive periods not exceeding 30 days each, and in total not more than 12 months. The SCC must authorize periods of detention of more than 12 months. In practice the United Nations and international human rights organizations documented numerous cases of detention that reportedly exceeded the maximum allowable period under the law.

By law defendants accused of any crime cited in the law are entitled to hire a practicing lawyer to defend themselves before the court “within an adequate period of time to be decided by the investigatory body.”

Since May 15, authorities arrested at least 30 prominent activists, and imposed travel bans on others, in connection with these activists’ advocacy for the right of women to drive. On June 1, Public Prosecutor Sheikh Saud al-Mu’jab stated authorities temporarily released eight of the detainees (five women and three men). An additional activist was released in December.

ROLE OF THE POLICE AND SECURITY APPARATUS

In July 2017 King Salman issued a royal decree that established the State Security Presidency (SSP), a new entity reporting directly to the king, to consolidate “the counterterrorism and domestic intelligence services” and “all matters related to state security, … combatting terrorism, and financial investigations,” according to the official Saudi Press Agency. The royal decree moved the General Directorate of Investigation (Mabahith), Special Security Forces, Special Emergency Forces, General Security Aviation Command, General Directorate of Technical Affairs, and the National Information Center from the Ministry of Interior to the SSP. Police, traffic authorities, and the General Directorate of Passports remained under the Ministry of Interior, according to the Ministry of Information’s website.

The king, SSP, and Ministries of Defense, Interior, and National Guard are responsible for law enforcement and maintenance of order. The SSP and Ministry of Interior exercise primary control over internal security and police forces. The civil police and the internal security police have authority to arrest and detain individuals. Ministry of Interior and SSP police and security forces were generally able to maintain order.

The Committee for the Promotion of Virtue and the Prevention of Vice (CPVPV), which monitors public behavior to enforce strict adherence to official interpretation of Islamic norms, reports to the king via the Royal Diwan (royal court) and to the Ministry of Interior. In 2016 the cabinet issued regulations severely curtailing the CPVPV’s enforcement powers. The new regulations prohibit CPVPV officers from investigating, detaining or arresting, or requesting the identification of any individual. The regulations also limit their activities to providing counseling and reporting individuals suspected of violating the law to police or other authorities. Evidence available since the end of 2017 indicated that CPVPV officers were less visibly present and active after implementation of the new strictures. Mabahith officers also have broad authorities to investigate, detain, and forward “national security” cases to judicial authorities–which ranged from terrorism cases to dissident and human rights activist cases–separate from the PPO.

Civilian authorities generally maintained effective control over security forces, and the government had mechanisms to investigate and punish abuse and corruption. Military and security courts investigated abuses of authority and security force killings. The Board of Grievances (“Diwan al-Mazalim”), a high-level administrative judicial body that hears cases against government entities and reports directly to the king, is the primary mechanism to seek redress for claims of abuse. Citizens may report abuses by security forces at any police station or to the HRC or NSHR. The HRC and NSHR maintained records of complaints and outcomes, but privacy laws protected information about individual cases, and information was not publicly available. The HRC said in February that it received 2,646 human rights-related complaints during fiscal year 2016-17. During the year the Board of Grievances held hearings and adjudicated claims of wrongdoing, but there were no reported prosecutions of security force members for human rights violations.

The HRC, in cooperation with the Ministry of Education, provided materials and training to police, other security forces, the Ministry of Defense, and the CPVPV on protecting human rights.

The Supreme Anti-Corruption Committee, established in November 2017, the National Anticorruption Commission (Nazaha), the PPO, and the Control and Investigation Board are units of the government with authority to investigate reports of criminal activity, corruption, and “disciplinary cases” involving government employees. These bodies are responsible for investigating potential cases and referring them to the administrative courts. Legal authorities for investigation and public prosecution of criminal offenses are consolidated within the PPO; the Control and Investigation Board is responsible for investigation and prosecution of noncriminal cases. Financial audit and control functions are vested in the General Auditing Board.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

In June 2017 King Salman issued two royal decrees that created the Public Prosecutor’s Office, (formerly the Bureau of Investigations and Public Prosecution or BIPP), establishing Saud bin Abdullah bin Mubarak al-Mu’jab as its head attorney general. The decrees directed the newly named agency to report directly to the king (rather than the Ministry of Interior, to which the BIPP had reported). Officials stated these changes would increase the independence and effectiveness of the lead prosecutorial office.

According to the law of criminal procedure, “no person shall be arrested, searched, detained, or imprisoned except in cases provided by law, and 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.” By law authorities may summon any person for investigation and may issue an arrest warrant based on evidence. In practice authorities frequently did not use warrants, and warrants were not required under the law in all cases.

The law requires authorities to file charges within 72 hours of arrest and hold a trial within six months, subject to exceptions specified by amendments to the law of criminal procedure and the counterterrorism law (see section 2.a.). Authorities may not legally detain a person under arrest for more than 24 hours, except pursuant to a written order from a public investigator. Authorities reportedly often failed to observe these legal protections, and there was no requirement to advise suspects of their rights. There were also reports that authorities did not allow legal counsel access to detainees who were under investigation in pretrial detention. Judicial proceedings begin after authorities complete a full investigation, which in some cases took years.

The law of criminal procedure specifies procedures required for extending the detention period of an accused person beyond the initial five days. Authorities may approve official detentions in excess of six months in “exceptional circumstances,” effectively allowing individuals to be held in pretrial detention indefinitely. Authorities may also extend from three months to six months the deadline for the PPO to gather evidence against the accused and issue a warrant for the defendant’s arrest, summons, or detention.

There is a functioning bail system for less serious criminal charges. Detainees generally did not have the right to obtain a lawyer of their choice. The government provided lawyers to defendants who made a formal application to the Ministry of Justice to receive a court-appointed lawyer and prove their inability to pay for their legal representation. The law contains no provision regarding the right to be informed of the protections guaranteed under the law.

Incommunicado detention was a problem. Authorities reportedly did not always respect a detainees’ right to contact family members following detention, and the counterterrorism law allows the investigatory body to hold a defendant for up to 90 days in detention without access to family members or legal counsel (and the SCC may extend such restrictions beyond this period). Security and some other types of prisoners sometimes remained in prolonged solitary detention before family members or associates received information of their whereabouts, particularly for detainees in Mabahith-run facilities.

Arbitrary Arrest: There were reports of arbitrary arrest and detention. During the year authorities detained security suspects, persons who publicly criticized the government, Shia religious leaders, and persons who violated religious standards, without charge.

On January 2, a group of UN human rights experts deplored what they said was “a worrying pattern of widespread and systematic arbitrary arrests and detention” following the arrests of religious figures, writers, journalists, academics, and civic activists, along with members of the banned Saudi Civil and Political Rights Association (ACPRA) since September 2017. The experts denounced the use of the 2014 Counterterrorism Law (as amended in 2017) and other security-related laws against human rights defenders, urging the government to end repression and release those detained for peacefully exercising their rights. In September the SCC opened trials against some of the clerics, academics, and media figures arrested in September 2017. The SCC saw a significant increase in the number of cases and judicial rulings between September 2017 and March 2018, compared with the same period in the previous 12-month period. On April 22, local media reported an increase of 132 percent in the number of cases referred to the SCC and a 182 percent increase in the number of defendants.

Pretrial Detention: Lengthy pretrial detention was a problem.

In August 2017 the PPO found during inspections of prisons and detention centers across the country that more than 2,000 individuals remained in detention without charge or trial since 2014. The attorney general ordered the cases immediately examined, and the majority of detainees were reportedly released on bail. The attorney general also asked the courts to find an appropriate legal remedy for the affected individuals.

Nonetheless, in a May 6 statement, HRW noted that authorities had detained thousands of persons for more than six months, in some cases for more than a decade, without referring them to courts for criminal proceedings, and that the number held for excessively long periods had apparently increased dramatically in recent years.

There was no current information available on the percentage of the prison population in pretrial detention or the average length of time held. Local human rights activists and diplomatic representatives reportedly received regular reports from families claiming authorities held their relatives arbitrarily or without notification of charges.

During the year the SSP stated it had detained numerous individuals for terrorist acts. On May 9, local media reported there were 5,342 detainees in five intelligence prisons across the country, of whom 83 percent were Saudis.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Under the law detainees are not entitled to challenge the lawfulness of their detention before a court. In the case of wrongful detention, the law of criminal procedure, as well as provisions of the counterterrorism law, provide for the right to compensation if detainees are found to have been held unlawfully.

Amnesty: The law of criminal procedure stipulates that the king may issue a pardon “on pardonable matters” for public crimes only. The law of criminal procedure also states that a victim’s heirs may grant a pardon for private crimes. The Ministry of Interior publishes the conditions for royal pardons annually, and these generally exclude specific crime categories such as murder or drug smuggling, or those convicted of crimes involving state security. Under the country’s interpretation of sharia, there are three broad categories of offenses: (1) huddud or “boundary” crimes, which are explicitly enumerated in the Quran and whose corresponding punishments are also prescribed; these are considered crimes against God and thus not pardonable; (2) qisas or “legal retribution crimes,” which involve murder or intentional bodily harm and give the victim’s family or legal heirs the private right to legal retribution; the victim’s family or legal heirs may grant a pardon in exchange for financial compensation (diya or “blood money,); and (3) crimes that do not reach the level of huddud or qisas and which are left to the discretion of the state (judge). Ta’zir or “discretionary” punishments are issued for crimes against public rights; this is the most frequently used basis for conviction.

The king continued the tradition of commuting some judicial punishments. Royal pardons sometimes set aside a conviction and sometimes reduced or eliminated corporal punishment. The remaining sentence could be added to a new sentence if the pardoned prisoner committed a crime subsequent to release.

Authorities did not detain some individuals who had received prison sentences. The counterterrorism law allows the PPO to stop proceedings against an individual who cooperates with investigations or helps thwart a planned terrorist attack. The law authorizes the SSP to release individuals already convicted.

e. Denial of Fair Public Trial

The law provides that judges are independent and not subject to any authority other than the provisions of sharia and the laws in force. Nevertheless, the judiciary, PPO, and SSP were not independent entities, as they were required to coordinate their decisions with executive authorities, with the king and crown prince as arbiters. Although public allegations of interference with judicial independence were rare, the judiciary reportedly was subject to influence, particularly in the case of legal decisions rendered by specialized judicial bodies, such as the SCC, which rarely acquitted suspects. Human rights activists reported that SCC judges received implicit instructions to issue harsh sentences against human rights activists, reformers, journalists, and dissidents not engaged in violent activities. Activists also reported that judicial and prosecutorial authorities ignored due process-related complaints, including lack of access by lawyers to their clients at critical stages of the judicial process, particularly during the pretrial/investigation phase.

TRIAL PROCEDURES

In the judicial system, there traditionally was no published case law on criminal matters, no uniform criminal code, no presumption of innocence, and no doctrine of stare decisis that binds judges to follow legal precedent. The Justice Ministry is expanding a project first started in 2007 to encapsulate and distribute model judicial decisions to ensure more uniformity of legal application. The law states that defendants should be treated equally in accordance with sharia. The Council of Senior Scholars (CSS), or the ulema, an autonomous advisory body, issues religious opinions (fatwas) that guide how judges interpret sharia.

In the absence of a formalized penal code that details all criminal offenses and punishments, judges in the courts determine many of these penalties through their interpretations of sharia, which varied according to the judge and the circumstances of the case. Because judges have considerable discretion in decision making, rulings and sentences diverged widely from case to case.

Several laws, however, provide sentencing requirements for crimes including terrorism, cybercrimes, trafficking in persons, and domestic abuse. In 2016 the Ministry of Justice issued its first compilation of previous decisions that judges could refer to as a point of reference in making rulings and assigning sentences.

Appeals courts cannot independently reverse lower court judgments; they are limited to affirming judgments or returning them to a lower court for modification. Even when judges did not affirm judgments, appeals judges in some cases remanded the judgment to the judge who originally authored the opinion. This procedure sometimes made it difficult for parties to receive a ruling that differed from the original judgment in cases where judges hesitated to admit error. While judges may base their decisions on any of the four Sunni schools of jurisprudence, all of which are represented in the CSS, the Hanbali school predominates and forms the basis for the country’s law and legal interpretations of sharia. Shia citizens use their legal traditions to adjudicate family law cases between Shia parties, although either party can decide to adjudicate a case in state courts, which apply Sunni legal traditions.

While the law states that court hearings shall be public, courts may be closed at the judge’s discretion. As a result, many trials during the year were closed. Through mid-October foreign diplomatic missions were able to obtain permission to attend some nonconsular court proceedings (cases to which neither the host country nor any of its nationals were a party; diplomatic missions are generally allowed to attend consular proceedings of their own nationals). To attend, authorities required diplomats to obtain advance written approval from the Ministry of Foreign Affairs. In October, however, the Ministry of Foreign Affairs suspended diplomatic access to court proceedings. Authorities sometimes did not permit entry to such trials to individuals other than diplomats who were not the legal agents or family members of the accused. SCC officials sometimes banned female relatives or diplomats from attending due to the absence of women officers to conduct security inspections of the women upon entry to the courtroom. According to the Ministry of Justice, authorities may close a trial depending on the sensitivity of the case to national security, the reputation of the defendant, or the safety of witnesses. Representatives of the HRC sometimes attended trials at the SCC.

Amendments to the law of criminal procedure in 2013 strengthened provisions stating that authorities will offer defendants a lawyer at government expense. In August 2017 the Ministry of Justice stated that defendants “enjoy all judicial guarantees they are entitled to, including the right to seek the assistance of lawyers of their choosing to defend them, while the ministry pays the lawyer’s fees when the accused is not able to settle them.” Activists, however, reported the process for applying for a court-appointed lawyer was difficult and cumbersome. Many said they were not able or allowed to retain an attorney or consult with their attorneys during critical stages of the investigatory and trial proceedings. Detained human rights activists often did not trust the courts to appoint lawyers for them due to concerns of lawyer bias.

The law provides defendants the right to be present at trial and to consult with an attorney during the trial. The counterterrorism law, however, authorizes the attorney general to limit the right of defendants accused of terrorism to access legal representation while under investigation “whenever the interests of the investigation so require.” There is no right to discovery, nor can defendants view their own file or the minutes from their interrogation. Defendants have the right to call and cross-examine witnesses under the law; however, activists reported SCC judges could decide to restrict this right in “the interests of the case.” The law provides that a PPO-appointed investigator questions the witnesses called by the defendant during the investigation phase before the initiation of a trial. The investigator may also hear testimony of additional witnesses he deems necessary to determine the facts. Authorities may not subject a defendant to any coercive measures or compel the taking of an oath. The court must inform convicted persons of their right to appeal rulings.

The law does not provide for a right against self-incrimination.

The law does not provide free interpretation services, although services were often provided in practice. The law of criminal procedure provides that “the court should seek the assistance of interpreters,” but it does not obligate the court to do so from the moment the defendant is charged, nor does the law specify that the state will bear the costs of such services.

While sharia as interpreted by the government applies to all citizens and noncitizens, the law in practice discriminates against women, noncitizens, nonpracticing Sunni, Shia, and persons of other religions. Although exceptions exist, a woman’s testimony before a court counts as only half that of a man’s. Judges may discount the testimony of nonpracticing Sunni Muslims, Shia Muslims, or persons of other religions; sources reported judges sometimes completely disregarded or refused to hear testimony by Shia.

POLITICAL PRISONERS AND DETAINEES

The government maintained there were no political prisoners, including detainees who reportedly remained in prolonged detention without charge, while local activists and human rights organizations claimed there were “hundreds” or “thousands.” Credible reporting by advocacy groups and press suggested that authorities detained persons for peaceful activism or political opposition, including nonviolent religious figures, imams deemed to have strayed from the official religious line, Shia activists, women’s rights defenders, other activists, and bloggers who the government claimed posted offensive or antigovernment comments on websites.

In many cases it was impossible to determine the legal basis for incarceration and whether the detention complied with international norms and standards. Those who remained imprisoned after trial, including persons who were political activists openly critical of the government, were often convicted of terrorism-related crimes. During the year the SCC tried political and human rights activists for nonviolent actions unrelated to terrorism, violence, or espionage against the state.

International NGOs, the United Nations, and others criticized the government for abusing its antiterrorism prerogatives to detain or arrest some dissidents or critics of the government or royal family on security-related grounds who had not espoused or committed violence. Authorities restricted attorneys’ access to all detainees, and no international humanitarian organizations had access to them.

On May 25, authorities arrested ACPRA founding member Mohammed al-Bajadi, along with almost a dozen women rights defenders, some of whom were later released. Al-Bajadi was previously released from prison in 2016 after serving a four-year prison sentence on charges stemming from his work with ACPRA. Among other rights defenders arrested in May was lawyer Ibrahim al-Mudaimeegh, who previously represented activists including Waleed Abu al-Khair and Lujain al-Hathloul. Al-Mudaimeegh was reportedly released on December 21.

At least 120 persons remained in detention for activism, criticism of government leaders, impugning Islam or religious leaders, or “offensive” internet postings, including prominent activists such as Aziza al-Yousef, Eman al-Nafjan, Hatoon al-Fassi, Raif Badawi, Mohammed al-Qahtani, Loujain al-Hathloul, and Samar Badawi, and clerics including former Grand Mosque Imam Salih al-Talib, Sahwa movement figures Safar al-Hawali, Nasser al-Omar, and others.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Complainants claiming human rights violations generally sought assistance from the HRC or the NSHR, which either advocated on their behalf or provided courts with opinions on their cases. The HRC generally responded to complaints and could refer cases to the PPO; domestic violence cases were the most common. Individuals or organizations may petition directly for damages or government action to end human rights violations before the Board of Grievances, except in compensation cases related to state security, where the SCC handles remediation. The counterterrorism law contains a provision allowing detainees in Mabahith-run prisons to request financial compensation from the Ministry of Interior/SSP for wrongful detention beyond their prison terms. In some cases the government did not carry out judicially ordered compensation for unlawful detentions in a timely manner.

In August 2017 the Ministry of Justice issued a press release stating that “…the accused enjoy all judicial guarantees they are entitled to, including the right to seek the assistance of lawyers of their choosing to defend them, while the Ministry [of Justice] pays the lawyer’s fees when the accused is not able to settle them.” Security detainees held in accordance with the 2017 Counterterrorism Law are entitled “to seek the assistance of a lawyer or legal agent,” but the Public Prosecutor may restrict this right during the investigation “whenever the interests of the investigation so require.” The United Nations and international NGOs reported security detainees were denied access to legal counsel during pretrial detention during the year.

Section 2. Respect for Civil Liberties, Including:

b. Freedom of Peaceful Assembly and Association

The law does not provide for freedom of assembly and association, which the government severely limited.

FREEDOM OF PEACEFUL ASSEMBLY

The law requires a government permit for an organized public assembly of any type. The government categorically forbids participation in political protests or unauthorized public assemblies, and security forces reportedly arrested demonstrators and detained them for brief periods. Security forces at times allowed a small number of unauthorized demonstrations throughout the country.

On March 27, security forces arrested 32 citizens and referred them to the public prosecutor for illegally gathering in front of Taif governorate headquarters to protest the removal of unlicensed housing structures built on government land, according to the Ministry of Interior.

CPVPV and other security officers also restricted mixed gender gatherings of unrelated men and women in public and private spaces (see section 1.f.).

FREEDOM OF ASSOCIATION

The law provided for limited freedom of association, however, the government strictly limited this right. In 2016 a law came into effect known as the Law on Associations and Foundations (Civil Society Organizations Law), which for the first time provided a comprehensive legal framework to govern the establishment, operation, and supervision of associations and foundations. The government, however, prohibited the establishment of political parties or any group it considered as opposing or challenging the regime. All associations must be licensed by the Ministry of Labor and Social Development and comply with its regulations. Some groups that advocated changing elements of the social or political order reported their licensing requests went unanswered for years, despite repeated inquiries. The ministry reportedly used arbitrary means, such as requiring unreasonable types and quantities of information, to delay and effectively deny licenses to associations.

On January 25, the SCC sentenced Mohammad al-Otaiby and Abdullah al-Attawi, founding members of the Union for Human Rights (known in Arabic as “al-Ittihad”) to 14 and seven years in prison, respectively, for “participating in setting up an organization and announcing it before getting an authorization,” “spreading chaos, inciting public opinion and publishing statements harmful to the kingdom and its institutions,” and “publishing information about their interrogations despite signing pledges to refrain from doing so,” according to media and NGO reporting.

In 2013 and 2014, the few local NGOs that had operated without a license ceased operating after authorities ordered them disbanded. While ACPRA maintained a presence on social media networks such as Twitter, the government severely curtailed its operations and closed down its website. On February 28, the SCC sentenced lawyer and ACPRA member Issa al-Nukheifi to six years in prison (three years under the anti-cybercrimes law and three years under ta’zir, or “discretionary” sentencing), followed by a six-year ban on social media and travel outside of the country, based on charges of “infringing on the public order and religious values,” “communicating with members of ACPRA,” “opposing Saudi Arabia’s intervention in Yemen,” and related charges. Al-Nukheifi was detained in 2016 and charged in August 2017 under provisions of both the 2014 Counterterrorism Law and the 2008 Anti-Cybercrimes Law.

Government-chartered associations limited membership only to citizens.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

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