A/HRC/32/36/Add.3 Saudi Arabia 460. JUA 19/10/2015. Case no. SAU 8/2015. State reply: None Alleged torture and imminent execution of a child without access to a fair trial and due process guarantees for participating in anti-Government protests. 461. JUA 11/12/2015. Case no. SAU 11/2015. State reply: None Alleged arbitrary convictions and sentences, including public flogging, of two bloggers and human rights defenders upheld on appeal for the exercise of their rights to freedom of expression and freedom of association. Observations Responses to communications 462. The Special Rapporteur regrets that he has not yet received responses to his communications sent on 19 October 2015 (SAU 8/2015) and 11/12/2015 (SAU 11/2015). He reminds the Government of Saudi Arabia that he considers responses to his communications as an important part of the cooperation of Governments with his mandate. 463. He calls upon States to cooperate fully with and assist him in the performance of his mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). In the absence of information to the contrary, the Special Rapporteur concludes that there is substance in the allegations presented in his communications. 464. In connection with the case of the juvenile, Mr. Dawood Hussain Al-Marhoon, who was subjected to excessive force during protests, was detained, tortured and sentenced to death, the Special Rapporteur sincerely regrets that the Government of Saudi Arabia has not replied to the Joint Urgent Appeal sent on 19 October 2015 (SAU 8/2015). He urges the Government to take all necessary measures to halt the execution of Mr. Al-Marhoon, which constitute an arbitrary execution. 465. The Special Rapporteur reminds the Government of Saudi Arabia that minority groups, such as children, are persons most at risk of discrimination, unequal treatment and harassment in the context of the exercise of the right to freedom of peaceful assembly and association (A/HRC/26/29). He takes this opportunity to remind the Government to ensure that any system of prior notification gives effect to the presumption in favour of assemblies, places narrow limits on the discretion of authorities to restrict assemblies, and incorporates a proportionality assessment (A/HRC/31/66, para. 28(a)). 466. Regarding the case of two human rights defenders and bloggers, Mr. Raef Badawi and Mr. Miklif bin Daham al Shammari, the Special Rapporteur strongly condemns their sentences to imprisonment and public flogging for their work and the exercise of their right to freedom of association. 467. He reminds the Government of Saudi Arabia of its obligation “to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law” (A/HRC/RES/24/5, operative para. 2). 68

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