Date of first court presentation: August 6, 2018, is still ongoing.
Joining a terrorist entity that aims to create chaos and turmoil inside the kingdom, participating in marches and gatherings in the Qatif governorate, inciting young people to go out in those marches and gatherings, photographing those gatherings, documenting and publishing them through social networking sites (Facebook), and participating in the funeral of the victims of clashes Security with the demonstrators, preparing, sending, and storing what would prejudice the public order and punish it under Article 6 of the 2007 Electronic Crime Prevention System, creating it on social media sites and using it to stimulate marches, riot and incite young people against the state and security forces, in addition to publishing pictures And videos of those gatherings and marches of a number of victims of the security clashes, the establishment of a YouTube channel to post videos of the victims of the security clashes.
Court: The Specialized Criminal Court.
Updates on trial :
The trial was postponed on 13/01/2019 without a new date being set. The Public Prosecutor had been calling for the death sentence. On 31/01/2019 the Saudi authority announced Israa will not be facing the death penalty.
The second hearing was scheduled for October 28, 2018, and the activist was not brought in, so another session was scheduled for November 21, 2018, and it was also not attended, for a further appointment on January 13, 2019.
Requests of the Attorney General: Sentenced to death by beheading, on the basis of the “ta’zir” principle in Sharia.
Verdict : No final verdict has been issued
Date of the verdict : Unknown
State Human Rights Violations
Arbitrary arrest/ detention
Legal violations related to the period of detention:
- Not to inform her of the accusation upon arrest and present it to the investigation authorities, which contravenes Article (116) of the Saudi Criminal Procedure Law, which provides for informing the accused of the charges against him at the time of his arrest.
- Violation of Article (114) of the Saudi Penal Procedures Law, which stipulates that the period of detention should not exceed a maximum of 360 days, which is what the activist / Israa Al-Ghumgham has transgressed, which appears from the date of the commencement of her trial.
- Not allowing her to attend a lawyer.
- Inability to ascertain the conditions of her detention and what she is exposed to.
- The authorities threatened the attorneys who would plead with it, which led to the lawyers’ failure to accept her case.
- Legal violations related to the current trial period:
- No lawyer was available to attend the first session of her trial.
- She is the first woman to be requested to be executed by interrogation authorities on the basis of peaceful activities, as no activists have been charged with committing violent acts, whether for her, her husband or the other four activists. Because of the lack of independence of the judiciary in the Kingdom of Saudi Arabia, the judiciary and the deputies working in Saudi Arabia can formulate rubber charges and include the largest number of defendants under these charges.
- The Public Prosecutor’s request to carry out a death sentence against her on the basis of the principle of ta’zir in the Sharia, which is a circumvention of the provisions of Islamic Sharia by requesting the ruling in the wrong place, in a way that gives the judge the freedom to act in defining the crime and determining the sentence, which is dangerous in light of the lack of independence of the judiciary in the Kingdom of Saudi Arabia .