Alkarama has urgently appealed to the United Nations Special Procedures after learning that the Iraqi authorities had forcibly transferred Mr. Ayesh Al Harby, a Saudi national detained in Iraq, to the Kingdom of Saudi Arabia, despite serious risks of torture or even execution.
Mr. Al Harby had been a refugee in Iraq since 2000 and had been arrested by U.S. forces before being handed over to Iraqi authorities, who detained him until his forced return.
While under the custody of the Iraqi authorities, Mr. Al Harby disappeared for several days, leaving his family without reliable information about his fate or place of detention.
Given this circumstances, Alkarama, on 16 January 2025, initiated an urgent action procedure with the United Nations Committee on Enforced Disappearances (CED) to obtain immediate clarification about his situation. In response to this appeal, the Iraqi authorities had no choice but to confirm Mr. Al Harby’s transfer to Saudi Arabia, citing a “formal handover process” allegedly “approved by the various state authorities.”
Before this transfer, and following alerts and information provided by Alkarama, several mandate holders under the UN Special Procedures—including the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment, the Working Group on Enforced or Involuntary Disappearances (WGEID), and the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions—had sent a communication of allegation (UA IRQ 6/2024) to the Iraqi authorities. In this communication, dated 11 November 2024, UN experts explicitly warned of the risk of refoulement of Mr. Al Harby to a country where he would face torture and the death penalty.
Alkarama highlights the shared responsibility of Iraq and Saudi Arabia
Despite these clear warnings, the Iraqi authorities transferred Mr. Al-Harby to Saudi Arabia on 25 November 2024, in violation of the absolute principle of non-refoulement enshrined in international law, including Article 3 of the Convention Against Torture (UNCAT) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED).
Following the confirmation of this return, Alkarama again appealed to the Special Procedures to urgently intervene with the Saudi authorities and remind them of their responsibilities, as well as the ongoing responsibility of Iraq in this matter. To date, Mr. Al-Harby’s place of detention, health condition and procedural guarantees in Saudi Arabia remain unknown.
This case is part of a long-term monitoring carried out by Alkarama, which has supported Mr. Al-Harby since the beginning of his detention in Iraq and has continuously alerted the competent international mechanisms to serious violations of his fundamental rights and the imminent risks to his life.
Alkarama continues its efforts with the United Nations mechanisms to obtain urgent clarifications and prevent any irreparable harm, including threats to his life.