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1996 United Nations Report on Human Rights Violations in Saudi Arabia
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES

Extra judicial, summary or arbitrary executions Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1995/73In view of its length, the present document is being issued in the original language only, the Conference Services Division of the United Nations Office at Geneva having insufficient capacity to translate documents that greatly exceed the 32-page limit recommended by the General Assembly (see Commission resolution 1993/94, para. 1)

A. General

26. This chapter gives an account of actions undertaken by the Special Rapporteur between 25 November 1994 and 25 November 1995, on the basis of reports and allegations concerning violations of the right to life, from a variety of sources. It also describes the replies received from Governments to his communications and, where appropriate, contains observations and comments of the Special Rapporteur.

27. The dates of the communications are included in parenthesis, unless otherwise stated. Communications described as "allegations transmitted" or "cases sent" were transmitted to the Government on various occasions during the year, mainly in May, September and October 1995. The follow-up section includes those letters sent to the Governments requesting further details on the allegations, and reminders of cases to which the Government has not yet provided a reply. Communications from the Governments which have reached the Special Rapporteur's office after 25 November 1995 will be included in his report to the Commission on Human Rights at its fifty-third session.

28. Owing to restrictions on the length of this document, the Special Rapporteur has been obliged to reduce significantly details of communications sent and received. In many of the cases, only the names of the victims are listed and a short reference to the Government's reply is reflected in the report. In this context, the Special Rapporteur would like to refer to requests received from some Member States to publish, as part of his report, extensive responses regarding specific cases and other matters. These (page 12)requests could not be acceded to due to the severe limitations applied to the length of his report. However, this information is available for consultation through the offices of the secretariat of the Commission.

Saudi Arabia

421. According to the information received by the Special Rapporteur, there has been a sharp increase in the number of executions carried out in 1995 by the Government of Saudi Arabia. In addition, information received by the Special Rapporteur suggests that 70 per cent of the persons executed in the past three years were foreigners; prisoners facing the death penalty are denied the right to counsel; confessions are allegedly obtained under torture and then accepted by the courts as evidence; and that in general, the legal proceedings preceding their convictions do not conform to international safeguards guaranteeing a fair trial.

Allegations transmitted:

422. The Special Rapporteur sent two urgent appeals to the Government of Saudi Arabia, both concerning death sentences reportedly imposed after a trial falling short of international standards for a fair trial:

a. Mehmet Nuri Koseoglu, Seyfettin Erkut, Ahmet Mulayim and Fevzi Dana, of Turkish nationality (22 August 1995). In the same urgent appeal, the Special Rapporteur expressed his concern about the fate of 40 additional individuals, also of Turkish nationality, 20 of whom were reported to be on death row, whereas the other 20 were facing charges which carry capital punishment. The persons referred to in the appeal are the following: Muhammed Aktas, Muhammet Kinci, Bekir Kaplan, Abdullah Besik, Halil Bozhurt, Cevat Kart, Nizamettin Las, Ismet Harci, Halil Karat, Ibrahim Akdalga, Abdussamet Arslan, Kemal Sabir, Halil Temurci, Bekir Kidan, Ferit Bostanci, Tashsin Danmas, Hilal Rende, Ziyad Akar, Ramazan Teke, Ali Say, Hasan Bozkurt, Hikmat Karanfil, Vechi Buyukasik, Cafer Keles, Ahmet Vemir, Nebil Cabir, Mustafa Bilge, Rasit Kartal, Yeter Merakli, Adem Ozhurt, Osman Eren, Ayhan Kilic, Mustafa Kir, Abdulkadir Gulmus, Ali Kaya, Mehmet Sinanoglu, Fazil Oklu, Asaf Milli and Yalcin Porat;
b. Muhammad Jamal 'Ali, 'Abd al-qadir Muhammad Muqtar, Faqay Haji Cusman, Sali Id Farah Yacqub, Muhammad Nur Muhammad, Muhammad Abu 'Abd al-Qadir Ade and 'Abd al-'Aziz Muhammad Isse, of Somali nationality, who were reportedly sentenced to death in 1994 for the alleged murder of three persons. All of them were reported to have insisted on their innocence, and it was said that 'Abd al-'Aziz Muhammad Isse was not in the country at the (page 100) time when the crime was committed (2 May 1995). The Special Rapporteur learned with regret that two of the above-mentioned individuals, Sali Id F. Yacqub and Muhammad Nur Muhammad, were executed.

423. The Special Rapporteur, in 1995, also transmitted to the Government allegations he had received concerning the summary execution of Abdullah 'Abd Al-Rahman Al-Hudhayf on 12 August 1995. According to information received, the aforementioned person had initially been sentenced to 20 years' imprisonment, but for unknown reasons his sentence was later increased to capital punishment by a court in Riyadh.

Observations:

424. The Special Rapporteur regrets that no replies had been received from the Government. He remains concerned about the recurrence of reported death sentences in Saudi Arabia. He is particularly dismayed about the reported death sentences imposed on foreigners after trials which take place without affording the accused the right to counsel and the right to interpretation. He urges the Government of Saudi Arabia to ensure that the procedures applicable during trials leading to the possible imposition of capital punishment comply with the provisions contained in the relevant international instruments.

 


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