The family of human rights defender Loujain al-Hathloul have published the amended indictment against her by the Public Prosecution at the first session of her trial in the Specialised Criminal Court (SCC), Saudi Arabia’s counter-terrorism court, alongside the original indictment. Her trial began in March 2019 in the Criminal Court in Riyadh, but that court recently declared that the case lay outside its jurisdiction and referred it to the SCC, in another escalation of the Saudi authorities’ repression against human rights defenders.
On 10 December 2020, during the first session of Loujain al-Hathloul’s trial to be held in the Specialised Criminal Court, after months of delays and prolonged detention without trial proceeding, the Public Prosecution presented an amended indictment against her and called for her trial to be continued on the basis of the Law on Combating Crimes of Terrorism and its Financing (the Counter-Terrorism Law). Although the charges have essentially not changed much, the Counter-Terrorism Law has now been added as a basis for the trial, as the authorities are using the vaguely-worded provisions of both these laws, which criminalise non-violent acts such as communication with the United Nations alongside violent acts such as "publishing how to manufacture explosives", in order to prosecute human rights defenders, advocates of reform and other critical voices. The Public Prosecution has called for the maximum penalty against al-Hathloul simply for her peaceful human rights activism.
This step constitutes an escalation of the Saudi authorities’ repression, showing their persistence in continuing to prosecute human rights defenders without regard for even minimum standards, let alone international fair trial standards. Loujain al-Hathloul and her family were notified of the new hearing less than 24 hours before it took place, and when the session was held the judge said in an oral statement that the new indictment was identical to the previous one, and al-Hathloul signed it in good faith believing this to be the case. However, on close reading of the charges later on it became clear that the new indictment had been amended and some paragraphs deleted.
The two indictments both accuse her of calling for women’s rights, communicating with international organisations and “terrorist entities”, without the Public Prosecution clarifying who these entities were. The only organisations mentioned are United Nations bodies, international and Saudi human rights organisations, and some foreign diplomats and media outlets. The charges also accuse her of joining a group on Telegram called "Sawaleef (chit-chat)" where she discussed human rights activism, submitting a proposal to ALQST founder Yahya Assiri to "provide mental health therapists and travel and accommodation for human rights activists to spend a summer vacation in Europe” as a kind of moral support for them, and liaising with human rights defender Khaled al-Omair over a "campaign for a new constitution". Al-Omair is currently on trial for alleged offences including working on this campaign. Other charges against al-Hathloul include receiving daily expenses of 50 Euros from foreign organisations while attending international conferences to speak about the situation of women in the kingdom, and sympathising with the Saudi Association for Civil and Political Rights (ACPRA), most of whose members remain in prison.
The new indictment, however, contains several amendments, the most important of which is the removal of references to the UK and Dutch governments, the European Union and the nationalities of individuals with whom al-Hathloul allegedly communicated. The reason for these omissions is not clear, but it once again shows that the entire judicial process lacks independence and runs according to political fiat.
“After over two and a half years of arbitrary detention, and months of the trial being delayed for unknown reasons, the authorities’ latest measure in bringing these charges against al-Hathloul is further proof that her trial is a total sham,” said ALQST’s Acting Director Safa Al Ahmad. “Despite the charges once again relating simply to her peaceful activism, she is now being brought before a counter-terror court and being charged under the counter-terrorism law. It is vital that the international community call out this farce for what it is and increase the pressure for her immediate release.”
These measures against Loujain al-Hathloul come amid an escalating crackdown in Saudi Arabia, with a wave of detainees and prisoners of conscience being brought before the Specialised Criminal Court, including human rights defenders Khaled al-Omair and Mohamed al-Oteibi, and a group of writers arrested in April 2019. Most recently, on 8 December, dual Saudi-US citizen Walid Fitaihi was sentenced by the SCC to six years in prison, on charges including “breaking allegiance with the ruler”.
ALQST calls on the Saudi authorities to drop all charges against Loujain al-Hathloul and immediately and unconditionally release her, as well as all those detained for the peaceful expression of their opinions or for acting to promote human rights.
