Civil society organisations, including the Observatory, express their deep concern about the imminent expulsion of Saudi activist Abdulrahman al-Khalidi from Bulgaria. We call on the Bulgarian authorities to respect their legal obligations, to halt the deportation of al-Khalidi, to release him from detention and to re-evaluate his request for international protection within the framework of a fair asylum procedure.
We, the undersigned civil society organisations, are deeply concerned
about the case of Saudi activist Abdulrahman
al-Khalidi, who is currently
detained in Bulgaria and at risk of imminent deportation to Saudi
Arabia. If deported, al-Khalidi would be at real risk of torture and
other serious human rights violations due to his political opinions
and activism in Saudi Arabia. We urge the Bulgarian authorities to
respect their legal obligations under international, European Union
and domestic law by immediately halting al-Khalidi’s deportation,
releasing him from detention and reconsidering his application for
international protection in a fair asylum procedure.
On February 7, 2024, al-Khalidi, who has been
in the asylum process in Bulgaria for over two years, was notified of
a deportation order issued against him. His lawyers have appealed the
decision. Meanwhile, al-Khalidi is being held in administrative
detention in Busmantsi Detention Centre near Sofia International
Airport, despite the fact that the Bulgarian judiciary issued an
order for his release on January 18, 2024. This order was then
overturned by Bulgaria’s State Agency for National Security, which
ordered his rearrest. While in detention, al-Khalidi was subjected to
medical neglect for his untreated back problems, and he is currently
not getting sufficient psychological support for his deteriorating
mental health.
Al-Khalidi left Saudi Arabia in 2013 following
numerous threats, including being summoned for interrogation by
security officials, as a result of his peaceful activism. His
activism included advocating for democratic reforms and campaigning
with prominent Saudi figures such as journalist Jamal Khashoggi, who
was brutally killed by Saudi agents inside the Saudi consulate in
Istanbul in October 2018. After periods of exile in Egypt, Qatar and
Turkey, al-Khalidi decided to head to the European Union in 2021 with
the intention of applying for asylum in an EU country. Shortly after
crossing the Turkish-Bulgarian border on October 23, 2021, however,
he was arrested in Bulgaria for entering irregularly.
On November 16, 2021, al-Khalidi applied for
asylum in Bulgaria, citing risks of serious human rights violations
if he was returned to Saudi Arabia, including arbitrary detention,
torture and an unfair trial. His asylum application was rejected by
the Bulgarian State Agency for Refugees, which did not recognise the
risk of persecution, arguing that Saudi Arabia had “taken measures
to democratise society.” Al-Khalidi challenged the decision before
the Administrative Court in Sofia, and when his appeal was also
rejected, he appealed to the Administrative Supreme Court, which on
September 27, 2023 sent the case back to the lower court for retrial,
citing procedural errors. On January 9, 2024, the lower court issued
a judgement annulling the earlier refusal of asylum and referring his
claim back to the State Agency for Refugees for reconsideration.
Al-Khalidi’s deportation to Saudi Arabia
would constitute a grave violation of Bulgaria’s commitments under
international, European Union and domestic law, including its own
constitution, which states that Bulgaria shall grant asylum to
foreigners persecuted for their opinions and activity in defence of
internationally recognized rights and freedoms. As
UN Special Rapporteur Mary Lawlor commented
on Twitter/X: “This would run
counter to Bulgaria’s commitment to non-refoulement – especially
as Saudi Arabia is such a dangerous place for [human rights
defenders].” The principle of
non-refoulement is a core element of international human rights and
refugee law that is enshrined in several international treaties and
conventions, including the Geneva Refugee Convention and Protocol
(Art. 33), the International Covenant on Civil and Political Rights
(Art. 7), and the United Nations Convention Against Torture (Art. 3).
It obliges states not to return individuals to situations in which
they are at risk of serious human rights violations.
Amid mounting repression in Saudi Arabia in
recent years, including a chilling crackdown on freedoms of
expression and association, increasing numbers of Saudi citizens and
residents have left the country and sought asylum abroad in search of
safety from persecution. If the Bulgarian authorities deport
Abdulrahman al-Khalidi to Saudi Arabia, he will be at real risk of
persecution, including arbitrary arrest, torture, and an unfair trial
resulting in a lengthy prison term, due to his political views and
activism.
In light of the above, our organisations urge
the Bulgarian authorities to respect their legal obligations,
urgently halt al-Khalidi’s deportation, release him from detention
and reconsider his application for international protection in a fair
asylum procedure as we believe that he is in need of international
protection.
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