Saudi Arabia: Khaled Al Rashed condemned twice for the same facts
Human rights sources reported that the Saudi Criminal Court of Appeal decided to toughen the sentence issued against the Saudi preacher, Khaled Al-Rashed, condemning him a second time, and adding another 17 years to his sentence, to become 40 years, in another flagrant violation of the United Nations Working Group on Arbitrary Detention’s Opinion calling for his release.
Alkarama once again expresses its deep concern about the unfair and harsh additional sentences against prisoners of conscience who have completed their sentences.
Last February, almost 17 months after his sentence was completed, Saudi authorities added another eight years to Al Rashed's 15-year prison sentence after an unfair trial solely because he used his right to freedom of peaceful expression and opinion.
According to the principle of ne bis in idem “No one may be tried or punished for an offense who has already been acquitted or finally convicted in accordance with the criminal law and procedures of each country.”
Alkarama followed the case of Mr Al Rashed, detained in Al-Ha'ir prison in Riyadh, throughout his detention and unfair trials, and referred his case to the United Nations Working Group on Arbitrary Detention on 30 April 2006, considering that he was being detained arbitrarily, which was confirmed by the United Nations Working Group in an Opinion No. 4/2007 dated 8 May 2007.
In response to the Alkarama’s request, the Working Group noted that the detention of Mr. Al Rashed violates Articles 9 and 19 of the Universal Declaration of Human Rights, and falls within the first and second categories applicable to the consideration of the cases submitted to the Working Group. In its Opinion, the Working Group called on the Saudi government to take the necessary measures to bring Mr. Al-Rashed's situation into conformity with the standards and principles enshrined in the Universal Declaration of Human Rights.
Al Rashed’s arrest and initial condemnation
Born on 18 march 1962, Mr. Khalid bin Muhammad bin Hamad Al-Rashed, retired from the Saudi Aramco company and was working as a teacher at the Fahd bin Mufleh Al-Subaie mosque in Al-Thukbah. Al Rashed who was known to belong to the “reformers” movement was arrested by special forces on 19 March 2006 in Makkah Al-Mukarramah, where he was performing Umrah in company of his wife. Several days after his arrest, he was transferred by the special services from Makkah to Al-Ha’ir prison in Riyadh. It is believed that the reason for the arrest is his exercise of the right to express his opinion, as he had criticized some Saudi politicians.
The UN Working Group transmitted testimonies about Mr. Al-Rashed being placed in solitary confinement and being subjected to ill-treatment during his arrest and detention.
Case developments
Recently, the Court of Appeal decided to re-try Mr. Khaled Al Rashed, and added eight more years and then 17 years to his initial sentence, bringing the total of his sentence to 40 years, at a time when he had already completed his first sentence of 15 years. While, Mr. Al Rashed was due to be released since September 2020, the authorities decided to condemn him again on the grounds of the same facts in a new unfair trial.
On 26 November 2021, Al Rashed was transferred from Al Ha’ir prison in the capital, Riyadh, to the General Investigation despite his unstable health condition. The General Investigation insisted on his transfer, despite being aware of condition, according to the Twitter account "Prisoners of Conscience" which expressed its concerns regarding detainees’ conditions in Saudi Arabia.
At the beginning of his detention, Mr. Khaled Al Rashed has been subjected to ill-treatment and enforced disappearance. He suffers from difficulty in communicating with his family. The authorities also prevented him from hiring a lawyer, according to human rights sources.
Al Rashed was initially sentenced to 5 years in prison. His sentence was tripled by the judge Saleh Al-Ajiri after the appealed the decision. Despite having served his sentence, on Spetember 2020, he remains arbitrarily detained. His family was surprised to learn that he was re-tried and sentenced to 8 more years in prison and then 17 years while there were no new criminal facts that could justify a new condemnation.