Saudi Arabia: Arbitrary detention of Ali Al Mas despite positive Diwan Al Madhalim decision since 28 September 2004

Saudi citizen Ali Hussein Abdallah Al Mas was arrested on 28 September 2004 and is subjected to arbitrary detention since that day. Indeed, the arbitrary nature of his detention was confirmed by a decision of the Diwan Al Madhalim (Board of Grievances), a Saudi administrative court, which ordered the relevant authorities to respect domestic law.

Mr Al Mas, working for the Committee for the Promotion of Virtue and the Prevention of Vice, an institution closely related to the Saudi Ministry of Interior, was contacted on 28 September 2004 by agents of the Mabahith (Saudi investigative police) and was summoned to their headquarters in Riyadh for questioning. The 37-year-old father of four subsequently left his work place and went to the indicated place in the company of his father. After a while, his father was informed that Mr Al Mas would have to stay for further interrogations. At this point, neither Mr Al Mas nor his father were shown an arrest warrant or informed of the reason for his arrest. It was informally, while being interrogated, that Mr Al Mas understood he had been arrested for alleged contact with a terrorist suspect.

For the following two years, Mr Al Mas was detained in Alisha Prison in Riyadh. He was then transferred to Al Malz Prison, also in Riyadh, where he was held for two months, before being sent to Al Hair Prison, which is close to Riyadh and where he remains to this day. During the more than seven years of detention, he has never been formally charged or informed of any criminal procedures against him. Alkarama therefore considers his detention to be arbitrary.

Moreover, Mr Al Mas' case was examined by the Diwan Al Madhalim, a court competent to receive cases involving exploitation of official influence, arbitrary acts, abuse of authority and violations of human rights. Relatives of Mr Al Mas seized the Diwan and on 20 October 2008, the latter rendered decision No. 411/d/a/6 of 1429 A.H. concerning the case of Al Mas vs. the Saudi Ministry of Interior and its Mabahith (General Directorate of Investigation). In this decision, which was later confirmed by an administrative court of appeal, it obliges the relevant authorities to observe article 114 of the Law of Criminal Procedure. According to this article, Mr Al Mas should have been referred to a competent court or be released, given that his pre-trial detention period has widely exceeded the legal limit.

However, none of the authorities in question, neither the Ministry of Interior nor the Mabahith, has taken the necessary steps to implement the Diwan's decision until this day, over three years and three months after the decision was taken and a total of over seven years and five months after Mr Al Mas' arrest.