The UN Independent Expert on the enjoyment of all human rights by older persons, Claudia Mahler, expressed her regret at the Saudi authorities’ refusal to allow her to visit Safar bin Abdulrahman al-Hawali and Salman bin Fahd Al Awdah in their place of detention at Al-Ha’ir prison during her country visit from 20 to 30 April 2025.
In her report on the visit, the expert stated: “I visited Al-Ha’ir prison in Riyadh, the largest detention facility in the country, which holds 1,006 inmates, including 82 elderly men. I requested to meet with two religious scholars and human rights defenders: Mr. Safar bin Abdulrahman al-Hawali (75) and Mr. Salman Al Awdah (68), whose detention, risk of execution, prison conditions, and denial of medical care are a source of concern within the UN human rights system.” She added: “Unfortunately, the prison authorities denied my request, citing a lack of time to facilitate the visit, despite having been notified 24 hours in advance of my intention to meet with them in prison.”
Claudia Mahler considered that this refusal contravenes the terms of reference governing country visits by special procedure mandate holders, which include the right to confidential and unsupervised contact with persons deprived of liberty.
She continued: “This report confirms the concerns raised by other special procedures mandate holders and by the Committee on the Rights of Persons with Disabilities.” She further stated: “I reiterate their calls to allow unrestricted contact with their families and to guarantee their physical and psychological safety, particularly in light of their vulnerability as older persons.” The UN expert concluded that although a branch of the Saudi Human Rights Commission is present in prison facilities, it has provided no information or taken any concrete action regarding the rights of elderly detainees.
This comes at a time when Saudi Arabia continues to ignore numerous visit requests by UN rapporteurs, especially those addressing urgent matters. Since 2006, the country has welcomed only four rapporteurs while ignoring or rejecting sixteen visit requests, including from the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and from the Special Rapporteur on extrajudicial, summary or arbitrary executions.
The cases of Safar al-Hawali and Salman Al Awdah are among the key cases worked on by the organisation Alkarama, in which UN decisions have recognized the arbitrary nature of their detention and called for their immediate release and an end to reprisals against their families.
Safar bin Abdulrahman al-Hawali and His Sons
On 13 July 2018, Alkarama requested urgent intervention from the UN Working Group on Enforced or Involuntary Disappearances (WGEID) and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, urging Saudi authorities to release all members of Sheikh Dr. Safar al-Hawali’s family or, at the very least, to protect them by law and inform their relatives of their fate and place of detention.
Alkarama highlighted the critical health condition of Safar al-Hawali, who had previously suffered a cerebral hemorrhage and a fractured pelvis.
On 12 October 2020, Alkarama filed a complaint with the Committee on the Rights of Persons with Disabilities (CRPD), denouncing the authorities’ relentless persecution of Mr. al-Hawali and his family.
In response, on 6 November 2020, the CRPD requested that Saudi authorities take several measures to prevent irreparable harm to Safar al-Hawali, including his immediate release. Later, Alkarama informed the Committee that, in an act of reprisal, the Saudi Court of Appeal had doubled the prison sentences of several relatives of the prominent cleric.
On 21 April 2021 and again on 21 April 2023, Alkarama submitted updates on Mr. al-Hawali’s case in its report to the UN Secretary-General concerning reprisals against individuals cooperating with UN human rights mechanisms.
On 2 May 2023, Alkarama submitted comments to the CRPD in response to the Saudi government’s reply on Mr. al-Hawali’s case.
On 15 April 2024, UN experts on the rights of persons with disabilities determined that the prolonged solitary confinement of the critical religious scholar Safar al-Hawali—without trial and without accommodations for his disability—constituted serious violations, including arbitrary detention and acts of torture or inhuman treatment.
The UN Working Group on Arbitrary Detention issued Opinion No. 26/2023 on Dr. al-Hawali, in a 17-page document based on an exchange of correspondence with Saudi authorities, who responded belatedly, claiming that the country had not ratified the International Covenant on Civil and Political Rights (ICCPR).
The Working Group relied on credible information about Mr. al-Hawali’s arrest, which occurred during a large-scale campaign targeting academics, clerics, activists, and reformist lawyers advocating for human rights, political participation, and opposing Western tutelage in the Arab world as well as the establishment of foreign military bases in the region.
The Group examined the Saudi government’s responses and demonstrated their invalidity in detail, condemning the authorities for violations such as enforced disappearance, denial of fair trial guarantees, and violations of freedom of expression and equality before the law. It also rejected the authorities’ claims that his arrest was linked to counter-terrorism efforts, concluding that the real motive lay in his peaceful criticism of state policies.
Previously, based on a complaint by Alkarama, the CRPD had called on the Saudi authorities to immediately release the prominent scholar Safar al-Hawali. The Committee specifically requested that the authorities “proceed with Mr. al-Hawali’s immediate release” while ensuring his safety and taking all necessary precautions to prevent harm. Furthermore, the state was urged to guarantee Mr. al-Hawali access to appropriate medical care, either at home or in any health facility of his choice.
In a clear sign of reprisal and punitive intent toward Mr. al-Hawali and his relatives, the Saudi authorities repeatedly failed to respond to the Committee’s requests, first in November 2020 and again in December 2022.
Salman Al Awdah and His Brother Khaled Al Awdah
Regarding Dr. Al Awdah and his brother, Alkarama filed a complaint on 4 October 2017 with the Working Group on Enforced or Involuntary Disappearances.
On 25 October 2017, Alkarama submitted the case to the UN Special Rapporteur on freedom of expression.
On 20 September 2018, it was also submitted to the UN Special Rapporteur on the protection of human rights while countering terrorism. On 26 January 2021, the case was submitted to the CRPD, with an urgent request for Dr. Al Awdah’s immediate release in light of reprisals against his family.
On 31 May 2022, Alkarama submitted a request to the Working Group on Arbitrary Detention to rule on the arbitrary nature of Dr. Salman Al Awdah’s detention.
During its 97th session, held from 28 August to 1 September 2023, the Working Group issued Opinion No. 56/2023 concerning Dr. Salman bin Fahd Al Awdah and his brother Khaled Al Awdah, reaching the same conclusions as in the case of Dr. al-Hawali. In an 18-page opinion, the Group expressed its astonishment at the Saudi government’s responses, which mainly consisted of challenging the Group’s competence to examine the complaint. It concluded that this opinion is part of a broader series of decisions issued in recent years, revealing a systematic policy of human rights violations by the Saudi authorities. The Group also addressed the case of Mr. Khaled Al Awdah.
The Group praised the reliability of the information provided by the complainant, despite attempts by Saudi authorities to discredit them. It criticized the counter-terrorism legislation, anti-money laundering laws, and cybercrime laws under which the victims were prosecuted, asserting that the government had failed to demonstrate the legality of their detention.
Similarly, the UN High Commissioner for Human Rights had, on 22 December 2017, published its letter to the Saudi authorities regarding the cases of Dr. Al-Hawali and Dr. Salman Al Awdah, expressing “deep concern over the massive and systematic arbitrary arrests and detention of individuals, including human rights defenders, solely for peacefully exercising their rights to freedom of expression and assembly.”