Saudi Arabia, Briefing Papers, Reports

Women Human Rights Defenders Systematically Tortured in Saudi Prisons

53648a8ebe5c4ba39669dbfb200ece63 18
16
Jan

Introduction

Since 2019, Saudi Arabia has promoted a narrative of national reforms under Crown Prince Mohammed bin Salman, claiming progress in women’s rights. Reforms have included lifting the ban on women driving, allowing women to obtain passports and travel without a male guardian, granting more responsibilities in the household, and relaxing strict dress codes. However, these measures serve primarily as public relations tools, masking severe human rights abuses against women who advocate for genuine equality.

The reforms lack substantive impact as the male guardianship system remains intact, limiting the ability of women to exercise these rights without male consent. Saudi laws and policies systematically dehumanize women, enabling their mistreatment both in prison and within society at large.

This report examines around twenty cases of women arrested over the past decade for defending women’s rights, documenting arbitrary detention, prolonged imprisonment without judicial oversight, torture, sexual abuse, and other forms of ill-treatment.

These cases demonstrate that reforms are meaningless if women human rights defenders continue to be persecuted. The Kingdom must be held accountable under international law, immediately release all detained women, and investigate abuses by Saudi authorities.

Gender Reforms in Saudi Arabia

Key Reforms Since 2017

  • Driving Ban Lifted (2017) – Women over 18 can obtain a driver’s license (King Salman, Royal Decree).

  • Travel Reforms (2019) – Women granted the right to obtain passports and travel independently.

  • Civil Status Law Amendments – Women now allowed to register births, deaths, marriages, divorces, and act as heads of households (Articles 30, 33, 47, 53, 91).

While these appear progressive, they conflict with the Personal Status Law, which enforces male guardianship:

  • Article 13: Marriage requires the guardian’s consent.

  • Article 42: Wife must obey her male guardian.

  • Article 55: Women may lose financial support if refusing to obey.

This means that, in practice, women cannot exercise these reforms if their guardian does not approve, nullifying the supposed progress.

Example: Maryam al-Otaibi (2016) was prosecuted for disobeying her father after reporting abuse by her brother, highlighting the limits of these reforms.

Women Activists Arrested in the 2018 Crackdown

Despite reforms, women who campaigned for these rights were targeted. Key activists include:

  1. Loujain al-Hathloul – Arbitrarily detained, tortured, electrocuted, and sexually harassed; sentenced to 5 years 8 months, released in 2021 under probation and travel ban.

  2. Samar Badawi – Held for a year without trial; tortured and sexually harassed; sentenced to 5 years, 2 suspended.

  3. Eman al-Nafjan – Held incommunicado for 3 months; tortured and sexually abused; temporarily released under blogging ban.

  4. Aziza al-Yousef – Arbitrarily detained; tortured and held in solitary confinement; temporarily released under surveillance.

  5. Nassima al-Sadah – Arrested for activism; tortured; sentenced to 5 years with travel ban; conditionally released.

  6. Nouf Abdulaziz, Hatoon al-Fassi, Maya al-Zahrani, Manahel al-Otaibi, Israa al-Ghomgham, Maha al-Rafidi, Maha al-Huwati, Mana al-Gafiri, Najwa al-Humaid, Nourah al-Qahtani, Rina Abdulaziz, Sarah al-Jabri, Zana al-Shehri – Detained arbitrarily, subjected to torture, solitary confinement, sexual harassment, medical neglect, and prolonged incommunicado detention.

Patterns of abuse include:

  • Arbitrary arrest and detention

  • Enforced disappearance

  • Denial of access to family and lawyers

  • Torture and sexual abuse

  • Prolonged solitary confinement

  • Travel bans, often illegally extended

Saudi Human Rights Commission

The SHRC, purportedly independent, has failed to investigate abuses. Women activists reported torture to the Commission, but they were ignored or told nothing could be done. The SHRC is under the direct orders of the King (UN, 2023), proving its lack of independence or credibility.

Violations of International Human Rights Treaties

CEDAW

Saudi Arabia has violated the Convention on the Elimination of All Forms of Discrimination Against Women by:

  • Conducting unfair trials that ignore gender-specific mitigating factors

  • Failing to protect women in detention

  • Using Counter-Terrorism and Anti-Cyber Crime laws to suppress advocacy

CEDAW recommended:

  • Protection for women in detention, including access to legal aid

  • Training judiciary and law enforcement on women’s rights

  • Lifting travel bans on women defenders

  • Allowing freedom of expression and human rights work

CAT

The UN Committee Against Torture (2016) highlighted Saudi violations including:

  • Torture and incommunicado detention

  • Denial of access to lawyers and family

  • Use of torture to obtain confessions

  • Lack of independent judiciary and gender-sensitive legal system

Conclusion and Recommendations

Saudi Arabia’s persecution of women human rights defenders is illegal under international law. Women must have their basic rights protected, including freedom of expression and freedom from torture.

Recommendations:

  1. Immediate and unconditional release of all women arbitrarily detained.

  2. Revocation of travel bans on previously released activists.

  3. Independent investigation into allegations of torture and ill-treatment.

  4. Accountability for perpetrators of abuse in detention.

  5. Legal and judicial reform to protect women’s basic rights and end male guardianship restrictions.

Without these steps, Saudi Arabia’s gender reforms remain a facade, whitewashing systemic oppression and abuse

briefing paper- Women Human Rights Defenders Systematically Tortured in Saudi Prisons