On 25 November 2020, women’s rights activist Loujain Al-Hathloul’s trial was moved to Saudi Arabia’s Specialised Criminal Court, which handles terror-related crimes. Along with several other women’s rights activists, Al-Hathloul was arrested for defying the female driving ban in Saudi Arabia. Their arrests came in May 2018, just weeks before the ban was lifted. Her family is deeply worried about her health as they believe she has been tortured by authorities and denied phone calls or family visits. In protest of her treatment, Al-Hathloul has gone on two hunger strikes. Moreover, Lina Al-Hathloul explains that her sister looked weak in courts, her body was shaking uncontrollably, and her voice faint and shaky. However, the Saudi government denies such allegations. 

PROTESTING THE MALE GUARDIANSHIP SYSTEM

Al-Hathloul has been a fierce advocate against not only the female driving ban but the Saudi male guardianship system as a whole. This system permeates every aspect of a woman’s life, affecting every woman of any social class. Here, a woman’s key decisions regarding education, employment, or even how they dress is guarded by a male authority figure such as her father or husband. As Human Rights Watch points out, the male guardianship system is the most significant impediment to establishing gender equality in Saudi Arabia.

Al-Hathloul has faced many human rights violations during her detention, including: no access to her family or a lawyer, waterboarding, electric shocks, and rape threats. Eventually, in March 2019, the Saudi Arabian government charged her with promoting women’s rights, calling for the end of the male guardianship system, and contacting international organisations and foreign media. She remains imprisoned whilst waiting for her next trial, and the government continues to refuse diplomats and journalists entry into court. Unfortunately, her treatment comes at no surprise given the longstanding reputation of the Specialised Criminal Court (SCC) for persecuting peaceful dissidents.

Despite the headlines, it is easy to be fooled into celebrating Crown Prince Mohammed bin Salman’s embracing reform. However, there has in fact been a ramped-up crackdown on peaceful dissidents. The SCC is a particularly useful tool in doing so. For instance, Amnesty International has documented the cases of 95 individuals who were tried before the SCC between 2011 and 2019. In summary, they found a long court history of unfair trials, prison sentences of up to 30 years, and prevalent use of the death sentence—all with the aim to control dissent. With this in mind, it seems ever more farcical that Saudi Arabia continues to be a member of the United Nations Human Rights Council.

INTERNATIONAL RESPONSE 

However, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has criticised Saudi Arabia’s actions, stating that it is “concerned about the conditions of Ms. Al-Hathloul’s prolonged detention, including reports that she is not allowed regular contact with her family". In response to Al-Hathloul’s trial in November 2020, Amnesty International’s Deputy Regional Director for the Middle East and North Africa, Lynn Maalouf, said: “The only just outcome for this trial would be the immediate and unconditional release of Loujain al-Hathloul. She is not a criminal—she is a human rights defender who is being punished simply for daring to advocate for change”. With Al-Hathloul’s case being transferred to the SCC, her family is even more fearful for her life. Nevertheless, they continue to express hope for Loujain Al-Hathloul’s release. 

Aminah is a recent graduate with a degree in Law & Politics from the University of Kent. She is hoping to pursue an LLM in Human Rights Law next year. Currently, She is interning at the United Nations working on developing maps to help FGM activists in Tanzania. She is also helping her local community by volunteering at the Citizens Advice Bureau. With a passion for Human Rights, she would like to spend her professional career fighting for the rights of vulnerable people.

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