Saudi Arabia draft penal code ‘shatters illusion’ of reform agenda
A leaked draft of Saudi Arabia’s first written penal code has been condemned by human rights campaigners as contravening international law and codifying existing repressive practices into written law.
A 66-page report published by Amnesty International provides a detailed analysis of the leaked draft code, which it says contradicts Crown Prince Mohammad bin Salman’s claims to be introducing “reforms”.
The draft code criminalises the rights to freedom of expression, thought and religion, and fails to protect freedom of peaceful assembly. It also criminalises “illegitimate” consensual sexual relations, homosexuality and abortion, and fails to protect women and girls from gender-based violence.
The draft also codifies use of the death penalty as one of Saudi Arabia’s primary punishments, and permits corporal punishments such as flogging.
At present, Saudi judges use their interpretation of Islamic law (sharia) and jurisprudence to determine what constitutes a crime and to impose punishments. Such practices allow judges wide discretion in adjudicating cases and leaves crimes and punishments vaguely defined, in violation of international human rights law.
The draft penal code, which was first leaked online in July 2022, has been drafted in secret and is being reviewed without dialogue with independent civil society and experts.
The Saudi Arabian Human Rights Commission, which is not accredited by the UN, has denied the authenticity of the draft, though a number of Saudi legal experts say otherwise.
Agnès Callamard, Amnesty’s secretary general, said: “Our analysis of the leaked draft code reveals it is essentially a manifesto for repression that would entrench human rights violations and suppress freedoms.
“As it stands, the draft code shatters the illusion that the Crown Prince is pursuing a truly reformist agenda.
“It is vital that the UN Human Rights Council establishes a mechanism to monitor Saudi Arabia’s human rights situation so that the Saudi authorities can’t continue to cover up the dire reality of their repression by buying the world’s silence and peddling an image of progress and glamour to the world with their expensive PR machine.”