Torture in Saudi Arabia Through the Universal Periodic Review

The Universal Periodic Review (UPR) is an important mechanism that involves peer assessments of UN Member States’ human rights commitments every four years. This comprehensive evaluation allows for discussions on all aspects of human rights norms, including emerging issues.

On January 22, 2024, Saudi Arabia faced its fourth cycle review. Comparing it to the previous one in 2018, the European Centre for Democracy and Human Rights (ECDHR) observed a concerning lack of implementation of recommendations regarding ill-treatment and torture. This oversight directly contradicts Saudi Arabia’s obligations under the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and other international laws.

In the context of its third Universal Periodic Review in November 2018, Saudi Arabia endorsed 182 recommendations and took note of an additional 76. These recommendations encompassed critical areas such as death penalty and torture. Regrettably, none of these seem to have been acted upon. Instead of improvements, human rights violations have persisted and, in some instances, worsened.

Despite previous support for recommendations to ensure due process and prevent the abuse of the law enforcement system, Saudi Arabia continues to contend with abuses in its criminal justice system. Issues include prolonged detention without charge or trial, denial of legal assistance, and reliance on torture-tainted confessions as the primary basis for convictions. Moreover, peaceful advocates for reform and individuals exercising their right to free speech have been detained since the last UPR.

Saudi Arabia’s extensive use of corporal punishment, including flogging – a punishment in which someone is beaten severely with a whip or a stick – for various offenses, is a deeply concerning practice. Additionally, the imposition of amputation for certain crimes, such as theft, reflects a severe and questionable approach to justice.

During the recent UPR session, Saudi Arabia’s delegation claimed a strict prohibition on torture and adherence to international death penalty standards, including the protection of minors. However, the practical reality diverges significantly, with widespread reports of torture persisting, especially targeting human rights defenders and dissidents.

An impactful illustration of this contradiction comes from the testimony of Mustafa Al-Darwish, a minor who endured severe torture during his interrogation. Al-Darwish recounted facing beatings, both physical and psychological torment, forced confessions, threats, insults, sleep deprivation, and various forms of physical abuse, including beatings with sticks and electric wires and slapping on the face. His story is not isolated. On the contrary, it is one among many, illustrating a disturbing pattern.

Since 2018, the execution of at least 693 individuals has been documented, and the actual number of those subjected to torture and ill-treatment is even higher.                             In response to Saudi Arabia’s human rights situation, several countries offered recommendations during the UPR, addressing issues such as investigating allegations of torture and the abolition of the death penalty. Therefore, ECDHR emphasizes the urgent need for Saudi Arabia to end incommunicado detention, abolish corporal punishment, thoroughly investigate allegations of torture, prosecute perpetrators, and prohibit the use of statements obtained under torture as evidence in criminal proceedings.

In providing support for the statements above, it becomes imperative to scrutinize the recommendations acknowledged by Saudi Arabia during the preceding cycle and assess the subsequent measures undertaken in response to these suggestions:

122.116 Adopt further steps to prevent torture, cruel and degrading treatment in prisons and detention centres (Belarus); Source of position: A/HRC/40/4/Add.1 Para. 10. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty
Not implemented.
Ratify without reservation of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and review all reservations to the Convention on the Rights of the Child and the International Convention on the Elimination of All Forms of Racial Discrimination (Czechia); Source of position: A/HRC/40/4/Add.1 – Para. 8. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty.
Not implemented.
122.22 Define and criminalize torture in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and ratify its Optional Protocol (Hungary); Source of position: A/HRC/40/4/Add.1 – Para. 8. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty.
Not implemented.
122.14 Ratify the International Covenant on Civil and Political Rights, and allow for the full applicability of articles 20 and 21 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Austria); Source of position: A/HRC/40/4/Add.1 -Para. 8. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty
Not implemented.
122.20 Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Chile); Source of position: A/HRC/40/4/Add.1 -Para. 8. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty
Not implemented.
122.21 Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Denmark); Source of position: A/HRC/40/4/Add.1 – Para. 8. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty
Not implemented.
122.23 Ratify the human rights instruments to which it is not yet a party, in particular the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Convention for the Protection of All Persons from Enforced Disappearance; and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Honduras); A/HRC/40/4/Add.1 – Para. 8. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty
Not implemented.
122.177 Investigate all instances of torture and extrajudicial, summary or arbitrary executions, including such acts committed extraterritorially, and bring all perpetrators to account, in accordance with international human rights law (New Zealand); Source of position: A/HRC/40/4/Add.1 – Para. 9. Prohibition of torture and cruel, inhuman or degrading treatment.

Affected persons:

  • Persons deprived of their liberty
Not implemented.