MOTION FOR A RESOLUTION on the death penalty in Saudi Arabia, notably the cases of Mustafa Hashem al-Darwish and Abdullah al-Howaiti

6.7.2021 - (2021/2787(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Raffaele Fitto, Anna Fotyga, Karol Karski, Angel Dzhambazki, Jadwiga Wiśniewska, Adam Bielan, Elżbieta Kruk, Jan Zahradil, Joanna Kopcińska, Assita Kanko, Hermann Tertsch, Ladislav Ilčić, Valdemar Tomaševski, Ryszard Czarnecki, Elżbieta Rafalska, Eugen Jurzyca, Bogdan Rzońca
on behalf of the ECR Group

See also joint motion for a resolution RC-B9-0392/2021

B9‑0397/2021

European Parliament resolution on the death penalty in Saudi Arabia, notably the cases of Mustafa Hashem al-Darwish and Abdullah al-Howaiti

(2021/2787(RSP))

The European Parliament,

- having regard to its previous resolutions on Saudi Arabia;

- having regard to the 1948 Universal Declaration of Human Rights;

- having regard to the 1966 International Covenant on Civil and Political Rights;

- having regard to the 1966 International Covenant on Economic, Social and Cultural Rights,

- having regard to the Arab Charter on Human Rights, ratified by Saudi Arabia in 2009,

- having regard to the EU Guidelines on the Death Penalty, on Torture and on Human Rights Dialogues with third countries and on Freedom of Expression,

- having regard to Rule 144 of its Rules of Procedure;

A. whereas Mustafa al-Darwish was executed on 15 June 2021; whereas reportedly his family received no advance notice of his execution and found out about it through online media;

B. whereas during his trial Mustafa al-Darwish recanted his confession, which allegedly was made after he was tortured; whereas his family claimed he had not received adequate legal representation;

C. whereas Mustafa al-Darwish was arrested in May 2015; whereas according to the Saudi authorities, Mustafa al-Darwish  participated in the formation of an armed terrorist cell, the manufacturing of explosives to be used against police officers, the firing at enforcement officials and the attempted murder of police officers; whereas according to European non-governmental organisations al-Darwish was charged for offences related to his participation in protests in 2011-2012;

D.  whereas according to the Saudi authorities, Mustafa al-Darwish was between 19 and 21 years old when he committed the crimes for which he was charged with; whereas according to European non-governmental organisations al-Darwish was 17-years old at the time;

E. whereas the case of Abdullah al-Howaiti is still on-going; whereas he was sentenced to death for crimes he, according to European human rights organisations, committed when he was 14-years old; whereas according to reports he has been brutally tortured into confession;

F. whereas in 2020 a Saudi Royal Order noted that death sentences would be commutted for those who have committed crimes while minors; whereas the Royal Order stated that the new law would be applied retroactively to those awaiting execution; whereas the Saudi Human Rights Commission published a statement in October 2020 noting that no juvenile offenders would face the death penalty in Saudi Arabia;

G. whereas, according to European human rights organisations, recorded executions in Saudi Arabia dropped with 85% to 27 executions in 2020 compared to the year before; 

H. whereas Saudi Arabia is an important and key ally of the European Union in the Arabian Gulf, including in areas of political, economic and trade cooperation;
 

1. Expresses deep concern about the use of the death penalty in Saudi Arabia and calls for the introduction of a moratorium, as a step towards abolition; urges the Saudi authorities to commute all death sentences of those facing execution in the Kingdom;

2. Stresses that the use of the death penalty against minors contravenes the International Covenant on Civil and Political Rights; welcomes the Saudi Royal Decree published in  2020 noting that death sentences would be commutted for those who have committed crimes as minors;

3. Urges the Saudi authorities to ensure that all trials comply with international law, including due process, and that the rights of detainees are upheld; expresses grave concern about any report of alleged torture and ill-treatment of detainees; calls on the Saudi authorities to refrain from all torture, cruel and degrading treatment of prisoners, to investigate cases of torture and bring perpetrators to justice;

4. Welcomes the announcement of the Saudi Human Rights Commission, based on the Royal Order of 2020, to commute the death sentences of three men for crimes allegedly committed when they were less than 18 years old; supports dialogue, engagement and the sharing of best practices in regards to human rights and judicial procedures between the EU, its Member States and the Kingdom of Saudi Arabia;

5. Calls on the Saudi authorities to guarantee the freedom of expression in the Kingdom; welcomes the numerous positive steps in the Kingdom concerning greater freedoms for its citizens, including women’s rights;

6. Instructs its President to forward this resolution to the Council, the Commission, the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission, the parliaments and governments of the Member States, His Majesty King Salman bin Abdulaziz, the Speaker of the Majlis ash-Shura and the United Nations High Commissioner for Human Rights.