A/HRC/13/42*
page 117
Abdulaziz al-Khuraiji, Moussa al-Garni, Abdulrahman Sadeq Khan, Al-Sharif Seif Al-Dine
Shahine and, allegedly, Mohammed Hasan al-Qurashi - were arrested on 2 February 2007 by
agents of the Intelligence Services (Mabahith) in Jeddah and Medina and had been held in
incommunicado detention at an unknown location ever since. The arrest of these men, who
comprise doctors, academics, businessmen, a lawyer and a retired judge, and are all
long-standing advocates of political and social reforms, was ordered by the Ministry of the
Interior on the basis of allegations of financing terrorism and illegal activities. At the time of the
report, the Government had not refuted the fact that the men had already been held in secret
detention for 156 days, and had denied visits, access to a lawyer and the opportunity to question
the legality of their detention.447
241. The experts conducted an interview with Hassna Ali Ahmed al-Zahrani, the wife of Saud
Mukhtar al-Hashimi, a doctor and an advocate for civil and political liberties who, at the time,
had been held for two years and nine months, including many months of incommunicado
detention. Mrs. al-Zahrani explained that, on the night of 2 February 2007, her husband went out
with friends (including a university professor and a judge) to attend a meeting, but never
returned. She learned of his arrest when the Minister for the Interior made a public statement
regarding arrests after a raid, and spoke to her husband by telephone after 10 days, when he was
held in an annex to a prison run by the Public Investigations Unit (PIU). He was then held
incommunicado in a PIU prison for five months until she was allowed to meet him, when he told
her that he was being held in solitary confinement, and that he was also being interrogated,
sometimes at night. Despite being allowed visits from his wife, Mr. al-Hashimi has never been
formally charged, has not been allowed access to a lawyer and has not been brought before a
judge. The reasons given for his arrest and detention vary, and they include allegations that he
has been advocating reform, fund-raising or simply that he is a “suspect”.448
8. Syrian Arab Republic
242. When considering the third periodic report of the Syrian Arab Republic, the Human Rights
Committee noted with concern the state of emergency that has been in force in the country since
1963, which provides for many derogations in law or practice from the rights guaranteed under
articles 9, 14, 19 and 22 of the International Covenant on Civil and Political Rights, without any
convincing explanations being given as to the relevance of these derogations to the conflict with
Israel and the necessity for these derogations to meet the exigencies of the situation claimed to
have been created by the conflict. The Committee also noted that the State party had not fulfilled
its obligation to notify other States parties of the derogations it has made and of the reasons for
these derogations, as required by article 4 (3) of the Covenant. As a consequence, the Committee
recommended that State parties should ensure firstly that the measures it had taken, in law and
practice, to derogate from Covenant rights were strictly required by the exigencies of the
situation; secondly, that the rights provided for in article 4 (2) of the Covenant were made
non-derogable in law and practice; and thirdly, that States parties were duly informed, as
447
Working Group on Arbitrary Detention, opinion No. 27/2007 (A/HRC/10/21/Add.1).
448
Interview with the wife of Saud Mukhtar al-Hashimi (annex II, case 3).
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