Lives of Detainees at Stake: Mass Executions Continue in Saudi Arabia

19-07-2023

Perla Khaled

Middle East and Human Rights Researcher 

Global Human Rights Defence

At least 64 individuals have been sentenced to death or currently await imminent execution in Saudi Arabia, including nine who were minors when they were indicted. [1]

These decisions have been taken in light of unjust trials and torture-tainted confessions, and they undermine the Kingdom’s pledge to curtail the imposition of the death penalty and the adoption of legislative reforms that prohibit the execution of defendants who were minors at the time of the commission of a crime. [2]

Between January and June of 2023, 61 people were executed in Saudi Arabia, including two women and 15 foreign nationals, albeit the number of executions could be substantially greater due to secret and unannounced executions. [3] Families of detainees are often unaware of the death sentences, and they learn about their loved ones’ executions through the media. Moreover, despite pleas from relatives, the Kingdom has continued to withhold the bodies of individuals who have been put to death, and at least 140 bodies are being held currently. [4]  

Saudi Arabia has repeatedly been criticised for its persistent use of the death penalty, which detractors claim undercuts the country's efforts to improve its image through its extensive Vision 2030 social and economic reform plan. [5] In fact, more than 1,000 people have been executed since King Salman came to power in 2015. [6] Additionally, the number of capital punishments administered in Saudi Arabia tripled from 65 in 2021 to 196 in 2022, including the execution of 81 individuals in one day alone. [7]

The three forms of criminal punishment administered in Saudi Arabia are hudud (mandatory), qisas (retributive), and ta’zir (discretionary). [8] Hudud punishments, also referred to as Quranic offences, include crimes like banditry, blasphemy, and sodomy, for which a specific punishment, including the death penalty, is laid down in the Quran or the Hadith. [9] Second, qisas crimes can be applied in cases of murder, allowing the victim’s family to either request the convict’s death or monetary compensation, rendering this category of crime retribution-in-kind. [10] Finally, a substantial part of Saudi law relates to ta’zir crimes, which are discretionary in nature and allow Saudi rulers to pass legislation and impose capital punishments on crimes beyond what is defined in the Quran or Hadith, such as drug smuggling. [11] The Kingdom has carried out 27 ta'zir killings so far in 2023, despite its previous pledges to halt them. [12] These executions are conducted under the State or judge’s discretion when Islamic law fails to stipulate a penalty or when other penalties cannot be implemented due to stringent legal, procedural, and evidential limitations. [13]

In accordance with Article 6 (1) of the International Covenant on Civil and Political Rights, only the “most serious crimes” shall be subject to the death sentence, and the latter cannot be inflicted for charges committed by anyone under the age of 18. [14] Nevertheless, Saudi Arabia continues to resort to capital punishment for comparatively minor crimes, such as non-lethal drug-related offences. [15] 

Even more alarmingly, Saudi officials have widely relied on capital punishment to silence dissent. Consequently, numerous individuals have been killed for exercising their basic civil rights, including taking part in protests, expressing opinions and beliefs, and going to the funerals of those who were killed by security personnel. [16] Furthermore, given that several of these sentences relied on confessions obtained under torture and did not come after substantive due processes, they may be construed as arbitrary deprivations of life. Relying on coerced confessions and the continued absence of fair legal proceedings put into question the legitimacy of death sentences in Saudi Arabia and undermine fundamental principles of justice and human rights.

Sources and further reading:

[1] The New Arab, ‘64 detainees face death penalty in Saudi Arabia: rights group’ (22 July 2023) <https://www.newarab.com/news/64-face-death-penalty-saudi-arabia-rights-group> accessed 25 July 2023.

[2] Amnesty International, ‘Saudi Arabia: Imminent execution of seven young men would violate kingdom’s promise to abolish death penalty for juveniles’ (15 June 2023), <https://www.amnesty.org/en/latest/news/2023/06/saudi-arabia-imminent-execution-of-youths-would-violate-kingdoms-promise-to-abolish-death-penalty-for-juveniles/>  accessed 26 July 2023.

[3] European Saudi Organisation for Human Rights (ESOHR), ‘61 Executions in the First Half of 2023: Saudi Arabia Insistent on Killing’ (21 July 2023) <https://www.esohr.org/en/61-%d8%a5%d8%b9%d8%af%d8%a7%d9%85%d8%a7%d9%8b-%d9%81%d9%8a-%d8%a7%d9%84%d9%86%d8%b5%d9%81-%d8%a7%d9%84%d8%a3%d9%88%d9%84-%d9%85%d9%86-2023-%d8%a7%d9%84%d8%b3%d8%b9%d9%88%d8%af%d9%8a%d8%a9-%d9%85/> accessed 25 July 2023.

[4] Ibid.

[5] The New Arab, ‘64 detainees face death penalty in Saudi Arabia: rights group’ (22 July 2023) <https://www.newarab.com/news/64-face-death-penalty-saudi-arabia-rights-group> accessed 25 July 2023.

[6] Middle East Eye, ‘Saudi Arabia execution rate almost doubled since Mohammed bin Salman's rise to power’ (31 January 2023), <https://www.middleeasteye.net/news/saudi-arabia-execution-rate-doubled-mohammed-bin-salmans-rise-power-says-report#:~:text=The%20use%20of%20the%20death,by%20the%20kingdom%20since%20then> accessed 25 July 2023.

[7] Amnesty International, ‘Death Penalty 2022’ (16 May 2023), <https://www.amnesty.org/en/latest/news/2023/05/death-penalty-2022-executions-skyrocket/>  accessed 25 July 2023.

[8] The European Centre for Democracy and Human Rights (ECDHR), ‘The Politics of Death: The Use of the Death Penalty in Saudi Arabia’ <https://www.ecdhr.org/?p=1657> accessed 25 July 2023.

[9] Ibid.

[10] Ibid.

[11] Ibid.

[12] European Saudi Organisation for Human Rights (ESOHR), ‘61 Executions in the First Half of 2023: Saudi Arabia Insistent on Killing’ (21 July 2023) <https://www.esohr.org/en/61-%d8%a5%d8%b9%d8%af%d8%a7%d9%85%d8%a7%d9%8b-%d9%81%d9%8a-%d8%a7%d9%84%d9%86%d8%b5%d9%81-%d8%a7%d9%84%d8%a3%d9%88%d9%84-%d9%85%d9%86-2023-%d8%a7%d9%84%d8%b3%d8%b9%d9%88%d8%af%d9%8a%d8%a9-%d9%85/> accessed 25 July 2023.

[13] Ibid.

[14] United Nations General Assembly, ‘International Covenant on Civil and Political Rights’ Article 6 (16 December 1966) <https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights> accessed 25 July 2023. 

[15] European Saudi Organisation for Human Rights (ESOHR), ‘61 Executions in the First Half of 2023: Saudi Arabia Insistent on Killing’ (21 July 2023) <https://www.esohr.org/en/61-%d8%a5%d8%b9%d8%af%d8%a7%d9%85%d8%a7%d9%8b-%d9%81%d9%8a-%d8%a7%d9%84%d9%86%d8%b5%d9%81-%d8%a7%d9%84%d8%a3%d9%88%d9%84-%d9%85%d9%86-2023-%d8%a7%d9%84%d8%b3%d8%b9%d9%88%d8%af%d9%8a%d8%a9-%d9%85/> accessed 25 July 2023.

[16] Ibid.