The Saudi Arabian brothers Muhammad and Asaad al-Ghamdi have been unlawfully convicted for their peaceful online expression. Muhammad, a 55-year-old retired teacher, was arrested outside his house on 11 July 2022 and was consequently sentenced to death by the Specialized Criminal Court (SCC) a year later. His younger brother Asaad, a 48-year-old teacher, was arrested on 20 November 2022 during an unlawful night raid at his house and was convicted on 29 May 2024 by the same court to 20 years in prison.
Both brothers were wrongfully convicted under Articles 30, 34, 43, and 44 of Saudi Arabia’s counterterrorism law. They were accused of describing the King in a way that undermines justice, supporting terrorist ideology, communicating with terrorist entities, and publishing false news. These offenses have often been used to suppress freedom of expression in Saudi Arabia and convict innocent dissidents.
Despite having committed the same “offenses”, the discrepancy in the sentences given is extremely worrying. Their case highlights the prevalence of unfair trials and the skewed justice system in Saudi Arabia. The Crown Prince, Muhammad bin Salman, has expressed his disapproval of Muhammad al-Ghamdi’s sentencing, claiming that he is a “victim of bad laws”. This raised many criticisms as the Crown Prince allowed the same laws to be used to sentence Asaad al-Ghamdi. Despite his claims that he is trying to change the laws, reports state that under his rule there has been a crackdown on freedom of expression and an increased sentencing of the death penalty.
Their unfair treatment goes beyond their unlawful convictions. Asaad was not told the reason for his arrest for over 10 months and was denied a lawyer during that period. Moreover, he also spent approximately 3 of those months in solitary confinement. As for Muhammad, his appointed lawyer did not attend any of the interrogations between December 2022 and March 2023, nor did he use the medical reports of Muhammad’s diagnosed mental health conditions in the trial, which could have lessened his sentence. It is evident that due process has not been followed in his case, especially given that he has not been notified whether he is allowed to appeal, or even the date of his execution.
Dr Saeed al-Ghamdi, a UK-based exiled government critic and brother of Muhammad and Asaad, believes that these severe penalties are a way to threaten dissidents abroad such as himself. He stated that the Saudi government had repeatedly asked him to return to Saudi Arabia, which he refused, and thus sentencing his brothers in such a way was an act of retaliation. This speculation is in line with the government’s previous attempts to silence dissidents, even those out of the country.
The Working Group on Arbitrary Detention has recognized the injustice of Muhammad’s sentence by highlighting the arbitrary nature of it. The members have also stated that his detention is a violation of Saudi Arabia’s obligations under international law. More specifically, that his social media activity should be protected under his right to freedom of expression, and that it should not be considered an attempt to overthrow the government as the SCC wrongfully asserted. The Working Group also highlighted that he was not given a fair trial, which is in breach of the Universal Declaration of Human Rights and the Nelson Mandela Rules – the standard minimum rules for the treatment of prisoners.
The sentences of the al-Ghamdi brothers are part of Saudi Arabia’s violent attempt to silence dissidents. Saudi Arabia must revisit its counterterrorism law so that peaceful protests and freedom of expression are not equated with terrorism and are not punishable by law. Moreover, authorities should ensure that the sentences reflect the offenses more appropriately to ensure that overly severe punishments are not given. As part of this, the death penalty must be abolished, especially for lesser offenses and certainly for non-crimes such as expressing one’s opinion. The state must commit to guaranteeing fair trials to all and releasing Muhammad and Asaad al-Ghamdi.
