Conviction of two Saudi Arabian women's rights defenders, Ms. Wajiha Al-Huwaider and Ms. Fawzia Al-Uyuni

Judicialharassment /

Threat topersonal liberty

Saudi Arabia

October 10,2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Saudi Arabia.

Briefdescription of the situation:

TheObservatory was informed of the recent confirmation of the conviction of twoSaudi Arabian women's rights defenders, Ms. Wajiha Al-Huwaider and Ms. FawziaAl-Uyuni, sentenced to ten months imprisonment and a two-year travel ban.

Accordingto information received, on June 15, 2013, following months of interrogation and deprivation oftheir liberty and freedom of movement, Ms. Wajiha Al-Huwaider and Ms. FawziaAl-Uyuni were convicted and sentenced by the Criminal Court in Al-Khubar to 10months in prison followed by a two-year travel ban. The two filed an appeal, buton September 15, 2013, the Court of Appeal in Dammam upheld the first instancejudgement.

The activists are currently awaiting the official notice oftheir conviction and sentence, in order to file a further appeal before theCourt of Cassation. At the time of writing, they were not in detention.

Bothactivists were arrested on June 6, 2011 by security forces while on their way to visit aCanadian woman married to a Saudi national, who reported that she was beingabused. The woman had published calls for help on her blog and sent a textmessage to the activists informing them that her husband had locked her up inthe house with her children, without food, for five days while he was away. Thehusband alleged that the activists were helping his wife and children to fleethe country, although he did not make a formal complaint, and was with thesecurity forces at the time of the arrest.

Ms. Wajiha Al-Huwaider and Ms. Fawzia Al-Uyuni weresubsequently tried before the Criminal Court in Al-Khubar, on charges of withkidnapping. However, when they requested that the alleged victim be allowed totestify, the court substituted the charge of kidnapping with that of takhbib,a Sharia law offence of inciting a wife to defy the authority of her husband orinciting a slave/servant to defy the authority of his/her master. The court refused to allowthe defendants to call witnesses, including the alleged victim and socialworkers familiar with her case.

The Observatory expresses deep concern at the convictionand sentencing of Ms. Wajiha Al-Huwaider and Ms. Fowzia Al-Oyuni, which seemsto be aimed at preventing their legitimate and peaceful human rights activitiesin Saudi Arabia. The Observatory also expresses concern at the above-mentionedfair trial irregularities, including the refusal to hear the crucial testimonyof witnesses. Furthermore, the offence of takhbib is contrary tointernational human rights standards and in particular, the Convention on theElimination of All Forms of Discrimination against Women, ratified by SaudiArabia in 2000.

Actionsrequested:

Please writeto the authorities in Saudi Arabia asking them to:

1. Guarantee in all circumstances the physical and psychological integrity of Ms. Wajiha Al-Huwaider and Ms. Fawzia Al-Uyuni as well as all human rights defenders in Saudi Arabia;

2. Quash the conviction and sentencing of Ms. Wajiha Al-Huwaider and Ms. Fowzia Al-Oyuni, which only serves to prevent them from carrying out their legitimate and peaceful women's rights work;

3. Release unconditionally and/or refrain from arresting and detaining Ms. Wajiha Al-Huwaider and Ms. Fawzia Al-Uyuni;

4. Refrain from any acts of harassment and intimidation, including at judicial level, against them as well as against all human rights defenders in Saudi Arabia;

5. Comply with all the provisions of the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998; in particular with its:

- Article 1, which provides that“everyone has the right, individually and in association with others, topromote and to strive for the protection and realization of human rights andfundamental freedoms at the national and international levels”;

- Article 6(a), which foresees that“everyone has the right, individually and in association with others, toparticipate in peaceful activities against violations of human rights andfundamental freedoms”;

- Article 12.2, which provides that“the State shall take all necessary measures to ensure the protection by thecompetent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

5. Abolish the offence of takhbib and all other discriminatory laws and implement all recommendations issued by the UN CEDAW Committee in February 2008;

6. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights, ratify international and regional human rights instruments and harmonise its domestic law with international human rights instruments.

Addresses:

- His Majesty, King Abdullah bin Abdul Aziz Al Saud, Kingof Saudi Arabia and Custodian of the two Holy Mosques -Office of His Majesty the King Royal Court, Riyadh Kingdomof Saudi Arabia Fax: (via Ministryof the Interior) +966 11 403 3125

- His Excellency, Shaykh Dr Mohammed bin AbdulkareemAl-Issa, Minister of Justice - Ministry of Justice, University Street, Riyadh 11137, Kingdom of Saudi ArabiaFax: + 966 11 401 1741 + 966 11 402 0311

- His Royal Highness, Prince Mohammed bin Naif bin AbdulAziz Al Saud, Minister of Interior -Ministry of the Interior, P.O. Box 2933,Airport Road, Riyadh 11134 Kingdom of Saudi Arabia Fax: +966 11 403 3125

- His Excellency Ambassador Abdulwahab Abdulsalam Attar, Permanent Missionof the Kingdom of Saudi Arabia to the United Nations Office and otherinternational organisations in Geneva, Route de Lausanne 236, 1292 Chambésy,Fax. +41 22 758 00 00, Email : saudiamission@bluewin.ch

Please alsowrite to the diplomatic representations of Saudi Arabia in your respectivecountries.

***

Paris-Geneva,October 10, 2013

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

TheObservatory, a FIDH and OMCT venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

To contactthe Observatory, call the emergency line:

· E-mail: appeals@fidh-omct.org

· Tel and fax FIDH + 33 1 43 55 25 18/ +33 1 43 55 18 80

· Tel and fax OMCT + 41 22 809 49 39 /+ 41 22 809 49 29