5 June 2018

US Embassy

Riyadh, Saudi Arabia

Human Rights Defender from Saudi Arabia, Mr. Mohammad Al-Otaibi

My name is Oliver Windridge, I am a British lawyer specializing in human rights and international
criminal law. I write concerning Mr. Mohammad Al-Otaibi, a citizen of Saudi Arabia currently facing
14 years’ imprisonment, a further 14-year travel ban and an indefinite ban on publishing on the
internet for acts entirely permissible under international law.

Mr. Al-Otaibi is a prominent Saudi human rights defender who has promoted human rights, including
women’s rights, in Saudi Arabia. He has been vocal in opposition against Saudi authorities actions
against peaceful protests and the prosecution of human rights activists. On 25 January 2018, Mr. Al-
Otaibi was sentenced by the Specialized Criminal Court (SCC) under Sharia law (Tazir) and Saudi
Arabia’s 2007 Anti-Cyber Crime Law to 14 years imprisonment followed by a 14-year travel ban and
an indefinite ban on publishing on the internet.

Mr. Al-Otaibi’s convictions stem entirely from his peaceful advocacy as a human rights activist and
co-founder of the human rights organization, Union for Human Rights (UHR). Mr. Al-Otaibi was
convicted of pursuing UHR activities whilst still waiting for the organization to gain approval from the
Saudi Ministry of Social Affairs. These activities included publishing four statements on the internet,
criticizing other countries in the region for their actions against human rights activists and peaceful
protesters, undertaking a hunger strike in support of other human rights activists and using a UHR
Twitter account to post content critical of Saudi Arabia’s government and religious leaders.

According to the SCC, Mr. Al-Otaibi’s activities aimed to rupture the unity of the community and
confront the decisions of the judiciary without having any legal status. The SCC found that Mr. Al-

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Otaibi’s hunger strike was an attempt to force the authorities to take certain actions, whilst his use of
Twitter was to disturb public order, cause sedition and call for change within Saudi Arabia.

Saudi Arabia’s Obligations Under International Law

As a member of the United Nations, Saudi Arabia is obligated to respect the human rights and
fundamental freedoms laid out in the Universal Declaration of Human Rights (UDHR). Whilst the
UDHR is not a binding treaty per se, the core protections it contains are generally recognized as a part
of customary international law and are the basis for modern international human rights law which is
binding upon all United Nations Member States including Saudi Arabia. Indeed, Saudi Arabia has
previously stated that the “Universal Declaration of Human Rights and the subsequent human rights-
related covenants, conventions, instruments and protocols constitute one of the fruits of human
civilization and progress in all fields.”1 At the regional level, Saudi Arabia has ratified the Arab
Charter on Human Rights (ACHR). Saudi Arabia is clearly obligated to ensure the implementation of
the content of these human rights instruments in its domestic procedures and jurisdiction, including in
the case of the Mr. Al-Otaibi.2

Conflict with International Law

Mr. Al-Otaibi’s right to freedom of expression is guaranteed under Article 19 of the UDHR and Article
24 of the ACHR. His convictions by the SCC raises serious concerns over the violation of these
provisions, both in terms of the right to freely express one’s opinions and the proportionality of any
restrictions imposed on that right.

In terms of freely expressing one’s opinions, this is not only the right to make agreeable and laudatory
sentiments, but also to make challenging and critical remarks. Mr. Al-Otaibi’s comments may not be in
line with the views of the SCC, but the right to comment and criticize the leadership of a country is a
fundamental pillar of the right to freedom of expression. Mr. Al-Otaibi’s activities, whether publishing
posts on the internet or through his use of Twitter, accord completely with Mr. Al-Otaibi’s right to
freedom of expression.

1
Kingdom of Saudi Arabia, Periodic Report to the U.N. Committee Against Torture, ¶ 3, U.N. Doc.
CAT/C/42/Add.2, (Sept. 20, 2001), available at
http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsrUL716plQDmV
An%2B
2
See Vienna Convention on the Law of Treaties, Article 2 (b).
As to restrictions, it is acknowledged that the right to freedom of expression is not absolute.
Restrictions are permissible but only when they are necessary to protect the rights or reputations of
others, national security, public order, public health, or public morals. Importantly, though, any such
restriction must be provided for by law and be proportionate. Whilst the SCC may point to Mr. Al-
Otaibi’s activities as requiring legitimate restrictions, even if this were accepted, a 14-year prison
sentence, followed by a 14-year travel ban, the closure of his Twitter account and an indefinite ban on
writing on the internet is a draconian sentence lacking in any sense of proportionality.

Conclusion

The right to freedom of expression can only be restricted in very particular circumstances. Even when
considering cultural sensitivities, the SCC’s conviction and sentencing of Mr. Al-Otaibi falls well short
of any notion of permissible restriction and violates his right to freedom of expression. The trial and
sentence of Mr. Al-Otaibi is entirely inconsistent with Saudi Arabia’s reported efforts to move towards
a more modern and tolerant nation. If Saudi Arabia wishes to truly take the road towards a modern
democratic society, Mr. Al-Otaibi’s trial and sentence must be reviewed immediately.

The United States of America enjoys a special relationship with Saudi Arabia. With special
relationships comes the ability to discuss issues of concern as well as mutual benefit. On behalf of Mr.
Al-Otaibi, I respectfully request your intervention to press for a full review of Mr. Al-Otaibi’s case as
a matter of urgency.

Yours faithfully,

Oliver Windridge

The views expressed herein are those of the author alone and do not necessarily reflect the views of
any organization affiliated to the author past or present.