A/HRC/13/42*
page 116
secretly detained ever since, and has been neither able to consult a lawyer, nor been presented to
any judicial authority, nor been charged by the Government with any offence.444
237. On 13 October 2009, the experts conducted an interview with Aissa Hamoudi, an
Algerian/Swiss national, who was held incommunicado for three months in a prison in the
Libyan Arab Jamahiriya without knowing where he was detained. On 18 November 2007, while
on a business trip to the country, Mr. Hamoudi was arrested in Tripoli by policemen conducting
a simple identity check. After a day spent in police custody, he was handed over to the interior
services, who took him to a prison where he was held for three months in a cell with four other
men, and interrogated every week, or every other week, on numerous topics. He was asked
detailed information about his family, and general questions on his political views, his
relationship to Switzerland and other countries. In the last month of his detention, he was left in a
cell without a bathroom or water, and had to ask permission for anything he required. In this
period, he was not interrogated, but was beaten once when he tried to go on a hunger strike. He
was then transferred to the “passports prison”, run by the Exterior Services, which housed
around 4,000 detainees, mainly foreigners, waiting to be sent back to their respective countries,
where he was held for 10 days in terrible sanitary conditions, but was never interrogated. He
witnessed other detainees being tortured, but was not tortured himself. It was here that a
representative of the Consulate of Algeria found him, and took steps to initiate his release. He
was never charged with anything, and for his entire stay under arrest he was held totally
incommunicado. His family did not know where he was, and although he was kept in known
places, he was secretly detained.445
7. Saudi Arabia
238. Saudi Arabia has a legal limit of six months of detention before trial, but in reality the
domestic intelligence agency - the General Directorate for Investigations, or Mahabith, run by
the Ministry of the Interior - functions without effective judicial oversight, running its own
prisons, which are used to hold both political prisoners and those regarded as being involved in
terrorism, and ignoring court orders to release detainees held for longer than the legal limit. In
July 2007, the Minister for the Interior admitted that 9,000 “security suspects” had been detained
between 2003 and 2007, and that 3,106 of them were still being held.446
239. In recent years, United Nations bodies have focused on several cases in Saudi Arabia,
including the ones set out below.
240. In 2007, the Working Group on Arbitrary Detention reported that nine individuals - Saud
Mukhtar al-Hashimi, Sulaiman al-Rashoudi, Essam Basrawy, Abdulrahman al-Shumairi,
444
Working Group on Arbitrary Detention, opinion No. 16/2007 (A/HRC/10/21/Add.1).
445
Interview with Aissa Hamoudi (annex II, case 11).
446
Amnesty International, “Saudi Arabia, assaulting human rights in the name of counterterrorism”, available from www.amnesty.org/en/library/asset/MDE23/009/2009/en/692d9e42b009-462a-8a16-7336ea4dfc3c/mde230092009en.pdf.
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