Saudi Arabia has put in practice repressive measures that have allowed for the imprisonment of dissidents, arbitrary detentions, and abuses of prisoners. Among the inhumane practices, the death penalty is still a matter of concern, with 198 executions this year, the highest number since 1990 according to Amnesty International.
Despite repeated promises to limit the use of the death penalty, Saudi authorities have forced imprisoned individuals to confess the untruth and boosted executions while routinely failing to comply with international standards.
Also, the Saudi Human Rights Commission (SHRC), which was created to independently promote and protect human rights in the country, has been questioned for aligning with the government’s interests and covering up gross abuses.
Reprieve and the European Saudi Organisation for Human Rights reported that since the crown Prince Mohammed Bin Salman came to power with his father King Salman in 2015, the annual rate of executions has doubled with at least 1,456 people executed.
In March 2023, Hussein Abo al-Kheir was executed for drug-related crime after he had been on death row since 2015. During his pretrial detention he was kept in isolation, deprived of legal counsel, and subjected to torture to extract a confession and after his execution, the authorities did not return his body to his family. Since May 2024 Saudi Arabia has executed 28 people on drug-related charges.
Although the draft Penal Code sets out the punishments for crimes it defines, it still allows judges to decide which punishment to apply as dictated by sharia. However, the conditions under sharia are not clarified, thereby the judge is free to determine the punishment. Death penalty is one of the original punishments together with imprisonment and fines. Yet, while the draft code outlines the conditions of imprisonment and fines it does not explain on which basis executions are pronounced.
Death sentences have also concerned cases of individuals who were children at the time of their alleged crimes if their acts were criminalized under sharia. In this regard, ESOHR has reported that since 2011 Saudi authorities have executed at least 12 persons who allegedly committed the offences as minors. Although Saudi authorities claimed that the Juvenile Law prohibits the death penalty for children, this law has actually permitted the execution of child offenders accused of crimes whose punishments are recognized by the sharia.
An alarming example of this is Jalal Labbad, who was sentenced to death in August 2022 based on his confessions which he claimed were obtained through torture for alleged offenses committed when he was just 16 and 17.
Authorities have also used the death penalty to silence political dissent, for example to punish citizens engaging in the pro-democracy protests between 2011 and 2013. This is what happened last August to Abdulmajeed al-Nimr, a retired traffic police officer, who was sentenced to death for terrorism-related offenses while his court documents reported that he was charged for supporting democratic protests.
Despite assurances from Saudi authorities to reduce the use of the death penalty, the draft Penal Code establishes execution as one of the primary punishments and allows judges large discretion to impose death sentences. Not only is the use of the death penalty persistent but also now that the global focus has shifted away towards the tensions in the Middle East, the urgency of violations of human rights by Saudi authorities might become less relevant. Consequently, executions could further escalate.
ADHRB urges the Saudi authorities to provide precise and clear information to the prisoners about the status of their case and guarantee a fair trial. ADHRB further calls on the government to ensure that all punishments such as the death penalty are determined in line with international standards and calls on the international community to advocate for the abolishment of the death penalty in Saudi Arabia, particularly for minor offenses and for non-violent acts.
