The Case of Sheik Muhammad al-Fassi
Muhammad al-Fassi has become the first
victim of the Kingdom's post-war policy of harsh and unlawful measures to
suppress political dissent.
Since October 2 1991, Sheik Muhammad al-Fassi,
a Saudi Arabian businessman, brother-in-law of Prince Turki bin Abdul Aziz
who is fourth in line to the Saudi throne, and an outspoken critic of the
government's Gulf war and human rights policies, has been detained at a
secret location in Riyadh and reportedly has been tortured and is at risk
of execution.
1. Illegal and secret extradition of
Sheik al-Fassi
Sheik Muhammad al-Fassi arrived in
Jordan with his wife and seven children on September 21 1991. He was
arrested on October 2 1991 by Jordanian security forces at the
Intercontinental Hotel in Amman and was subsequently handed over to the
Saudi Arabian authorities, who had requested his extradition. Reportedly,
his arrest was ordered by the Saudi Minister of the Interior, Prince Nayef
ibn Abdul Aziz, a younger brother of King Fahd. The extradition took
place, in total secrecy, at al-Hadithah crossing on the Saudi-Jordanian
border. In press interviews, officials of the Saudi Arabian Embassy in
Jordan denied knowledge of his enforced return.
Jordanian authorities did not reveal the
reason for their compliance with the Saudi extradition request for Sheik
al-Fassi. Nor did they seek assurances that he would not be subjected to
torture, incommunicado detention, other mistreatment or unfair trial or
pre-trial procedures. The Jordanian Government violated international law
by not requesting such assurances and by not respecting Sheik al-Fassi's
right to challenge, in Jordan, the decision to extradite him. The
Jordanian Government, which found itself in a very difficult economic and
political position at the end of the Gulf war, reportedly was pressurized
by Saudi officials to hand over Sheik al-Fassi. Many Middle-East observers
believe that Sheik al-Fassi's summary extradition was one of the many acts
demanded by the Saudi Government as pre-conditions for reopening borders
between the two countries, restoring diplomatic relations and resuming
economic aid to Jordan.
The Saudi Arabian government sought
Sheik Muhammad al-Fassi's extradition because of his political activities.
During the Gulf war Sheik al-Fassi had criticized the Saudi Arabian
government. He had actively campaigned during the Gulf crisis and the war
against the presence of allied armed forces in Saudi Arabia. for a
peaceful solution to the crises, and for political and democratic reforms
in Saudi Arabia. Sheik al-Fassi participated in public meetings in Baghdad
and elsewhere and his views were broadcast on the radio station, Voice of
the People of Najd and Hijaz, which was transmitted from Baghdad. In the
aftermath of the Gulf war, he established a fund to send humanitarian aid
to children in Iraq.
2. Incommunicado detention, torture and
ill treatment
Since his illegal extradition, Sheik al-Fassi
has been held in secret detention in a prison somewhere in Riyadh. No one
has been allowed to visit him despite appeals from his family, his lawyer
and international human rights' organizations. His incommunicado detention
may have facilitated conditions for the use of torture against him and he
remains at risk of continuing torture so long as he is held incommunicado.
Reliable sources informed Article 19
that Sheik al-Fassi has been shackled throughout his detention and
blindfolded for long periods of time; that he has been subjected to
beatings all over his body, and to falaqa (beatings on the soles of the
feet); and, as a result of such beatings, that his right hand has been
fractured.
During the first week of his detention
in Riyadh, sympathetic officers allowed him to telephone his wife. He told
her that he was tortured with burning cigarettes on parts of his body and
that he had suffered a heart attack as a result of torture. He has
reportedly been forced to sign confessions extracted under torture and to
read out these confessions while being filmed by a video camera.
3. Saudi government's violation of
international human rights law
Sheik al-Fassi's arrest and
incommunicado detention without charge is a flagrant violation of his
right to freedom of expression as guaranteed by Article 19 of the
Universal Declaration of Human Rights which states that:
'Everyone has the right to freedom of
opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.'
It is also a denial of his rights under
Article 3, which states that:
'Everyone has the right to life, liberty
and security of person'; Article 5, which states that: 'No one shall be
subjected to torture or to cruel, inhuman or degrading treatment or
punishment'; Article 8, which states that:
'Everyone has the right to an effective
remedy by the competent national tribunals for acts violating . . .
fundamental rights'; and Article 9, which states that: 'No one shall be
subjected to arbitrary arrest, detention or exile'.
As of the date of this Censorship News,
Sheik al-Fassi has been held in incommunicado detention for more than
three months, and the Saudi authorities have yet to acknowledge that he is
held in detention or grant his family and lawyers access to him. This
continuing failure violates his family's right to information, guaranteed
by Article 19 of the Universal Declaration.
Quoted from Censorship News, Article
19, London, 16 January 1992.