Arrest and ongoing arbitrary detention of Ms. Noha Al-Balawi

Incommunicadodetention /

Judicialharassment

Saudi Arabia

February 8,2018

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Saudi Arabia.

Descriptionof the situation:

TheObservatory has been informed by Al Qst about the arrest and ongoing arbitrarydetention of Ms. Noha Al-Balawi, an online advocate for civil andpolitical rights. In particular, she has advocated for women’s right to drive,the abolition of the male guardianship and solidarity with prisoners ofconscience, via videos and tweets. She also participated in the “no taxationwithout representation” online campaign that started after the authoritiesannounced the enforcement of an upcoming value-added tax regime.

According tothe information received, on January 23, 2018 at noon, the Saudi authoritiesdetained a relative of Ms. Noha Al-Balawi. The relative was released later,after Ms. Al-Balawi had accepted to report before the Department ofInvestigation and Prosecution Authority in Tabuk. On the same day at 1.30 pm, she went to the police station andwas arrested and placed in detention.

The authorities questioned her on tweets and videos she had posted,including on a video in which she supports the driving campaign for women andshows solidarity with the prisoners of conscience in Saudi Arabia[1].She was also questioned about her connections with the successful campaign onwomen’s right to drive, and with the women’s rights and human rights movementin Saudi Arabia generally. According to the investigating officer, she ischarged under Article 6 of the Anti-Cybercrime Law, which states that “thepunishment for any person who creates or transmits anything prejudicial topublic order shall be a prison term of up to five years and/or a fine of up tothree million riyals (approx EUR 652,273)”.

On February5, 2018, her detention was renewed for another 35 days. As of now, no lawyerhas been representing Ms. NohaAl-Balawi. She is detained in the general prison of Tabuk, yet no informationcould be collected on her condition of detention. On February 6, 2018, shestarted a hunger strike.

According to reliable sources, since her arrest the authorities havebeen putting out misleading messages to the effect that Ms. Noha al-Balawiwould not be held in detention but is free and at home. Then they promised torelease Ms. Noha al-Balawi within the first five days, in a seemingly attemptto silence public opinion and expression of solidarity.

The Observatory expresses its utmost concern over the arbitrary detentionof Ms. Noha Al-Balawi, which only seem to aim at sanctioning her peaceful andlegitimate human rights activities, and fears that the authorities intend tohand down a harsh sentence against her in the absence of any oversight. TheObservatory urges Saudi authorities to release Ms. Noha Al-Balawi immediately and unconditionally and to putan end to all acts of harassment against her as well as all human rightsdefenders in Saudi Arabia.

Actionsrequested:

Pleasewrite to the authorities in Saudi Arabia asking them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Ms. Noha Al-Balawi aswell as all human rights defenders in Saudi Arabia;

ii. Immediately andunconditionally release Ms. Noha Al Balawi,as well as all detained human rights defenders in Saudi Arabia, as theirdetention is arbitrary since it only aims at punishing them for theirlegitimate human rights activities;

iii. Put an end to allforms of harassment, including at the judicial level, against Ms. NohaAl-Balawiand all human rights defenders in the countryso theyare able to carry out their work without unjustified hindrance and fear ofreprisal;

iv. Comply in all circumstances with all the provisions of the UnitedNations Declaration on Human Rights Defenders, in particular its Articles 1,6(c) and 12.2;

v. More generally, ensure in all circumstances the respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and instruments.

Addresses:

· His Majesty, King Salmanbin Abdulaziz Al Saud, King of Saudi Arabia and Custodian of the two HolyMosques, Fax: (via Ministry of the Interior) +966 11 403 3125; Email: info@moi.gov.sa; Twitter: @KingSalman

· His Excellency, MohammadBin Salman Al Saud, Crown Prince of Saudi Arabia, Fax: (via Ministry of theInterior) +966 11 403 3125; Email: info@moi.gov.sa

· H.E. Waleed bin MohammadAl Samaani, Minister of Justice, Kingdom of Saudi Arabia, Fax: + 966 11 4057777; Email: info@moj.gov.sa

· His Royal Highness Prince Abdulaziz Bin Saud Bin Naif Bin Abdulaziz, Minister of Interior, Kingdomof Saudi Arabia. Fax: + 966 11 401 1111 / + 966 11 401 1944 / + 966 11 4031125; Email: info@moi.gov.sa

· H.E. Adel bin Ahmed ElJubeir, Minister of Foreign Affairs, Fax: + 966 11 403 0645 ; Email: info@mofa.gov.sa

· H.E. Abdulaziz Alwasil,Ambassador, Permanent Mission of the Kingdom of Saudi Arabia to the UnitedNations Office in Geneva, Switzerland. Fax: +41 22 758 00 00. Email: saudiamission@bluewin.ch

· H.E. Abdulrahman binSoliman Al-Ahmed, Ambassador, Embassy of Saudi Arabia in Brussels, Belgium.Fax: +32 2 6468538. Email: beemb@mofa.gov.sa

Pleasealso write to the diplomatic representations of Saudi Arabia in your respectivecountries.

***

Paris-Geneva,February 8, 2018

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, an FIDH and OMCT venture, is dedicated to the protection of humanrights defenders and aims to offer them concrete support in their time of need.FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Teland fax FIDH: +33 (0) 1 43 55 25 18 / 01 43 55 18 80

· Tel and fax OMCT: + 41 22 809 4939 / + 41 22 809 49 29

[1] In a YouTube video posted on November 7, 2017, she expressed support forthe driving campaign for women and showed solidarity with the prisoners ofconscience in Saudi Arabia. See in Arabic: http://www.youtube.com/watch?v=ouOPxJZqNeQ