Somalia Breaks Silence over the Death Sentence of 45 Citizens in Saudi Arabia

On February 20, 2025, a statement released by the Ministry of Justice and Constitutional Affairs of Somalia stated that the Minister is closely monitoring the situation and the circumstances regarding the legal and humanitarian aspects of Somalis inmates in Saudi Arabia, some of whom are sentenced to death penalty. As both Countries are signatories to The Riyadh Arab Agreement for Judicial Cooperation of 1983, the Ministry reiterated that we are exerting all efforts to tackle these matters through continuous dialogues with our counterparts in the Kingdom of Saudi Arabia.

The Minister’s reaction came after a demonstration in the capital of Somalia by forty-two (42) parents whose loved ones had received death sentences in Saudi Arabia. The parents claimed that their inmates in Saudi Arabia had not received much assistance from the Somalia Embassy in Riyadh. On February 18, 2025, Mohamed Nur Husein Gacal was put to death in southwestern Saudi Arabia following seven years in prison. According to Sufwai Husein Yusuf, the mother of Mohamed Nur Husein Gacal, said that my son was killed, but she asks the government to try to free the remaining forty-four prisoners.

The 1983 Riyadh Arab agreement, which Somalia cited, aims to support the unity of legislation among Arab states, recognize and enforce foreign judgments, and encourage judicial cooperation between the signatories. Yet, the agreement does not apply if it is contrary to the provisions of the Islamic Sharia’a, the Constitution, the public order, or morals of the contracting party requested to recognize as per Article 30.  (See, Saudi law of Narcotics control is enacted pursuant to the Royal Order No. 4/B/966 and dated 10/07/1407H).

Countries with Severe Penalties for Illegal Drugs

Around 20 Countries in the World, predominantly Muslim region, including inter alia Saudi Arabia, Indonesia, Malaysia, Turkey, Iran, and the majority of the Gulf Cooperation Council (GCC) member states, enforce a strict zero-tolerance policy regarding recreational drug use. Individuals apprehended for selling or trafficking drugs may face severe penalties, including life imprisonment or the death penalty. (Staff, 2024 )

In 2024 alone, for instance, Saudi Arabia executed more than 100 foreigners, including three citizens each from Sudan, India, and Afghanistan, as well as 21 Pakistanis, 20 Yemenis, 14 Syrians, 10 Nigerians, 9 Egyptians, 8 Jordanians, and 7 Ethiopians. Additionally, individuals from Sri Lanka, Eritrea, and the Philippines was also executed. (Qudosi, 2024)

THE ISLAMIC LAW CODE OF SAUDI ARABIA

The Saudi Islamic Legal Code forbids the use, trafficking, and dealing of drugs. Fighting drug abuse and trafficking is a top priority for the Saudi government. The Saudi government has enforced the death penalty for drug trafficking and smuggling right from the 1988. The strict interpretation of Sharia law that underpins Saudi Arabia’s drug policy makes drug offenses a crime against God. The Ministry of the Interior justified the executions by quoting Qur’an Verse 5:33: “[those] who make war upon Allah and His messenger and strive after corruption in the land will be […] killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land“.

As a report by Harm Reduction International has shown, Saudi Arabia is one of the world’s most prolific executioners, with drug-related executions making up a significant proportion of these deaths. The report warns of the likelihood of abuse and corruption within the Saudi judicial system; ‘‘one of the main concerns remains the extraction of ‘confessions’ under torture, duress or coercion, which are often the sole evidence used in death penalty cases’’. (Tharoor, 2019)

The Intersection of International Law and Diplomacy in Death Penalty Cases Involving Foreign Nationals: Case Laws

First of all, if Somalia could pursue a diplomatic standoff with Saudi Arabia over the execution of its citizens, but such a move would carry significant diplomatic, legal, and economic implications. Saudi Arabia maintains a firm stance on its legal system, especially regarding drug-related offenses, and is unlikely to change its policies due to diplomatic pressure and Somalia has no legal authority over Saud’s judicial process, making it difficult to force a policy change.

Nonetheless, there have been several instances in history where a citizen of one country was sentenced to death in another country, and this has led to diplomatic tensions, international intervention, and various responses. Here are some notable examples:

Case of Thailand National in Saudi Arabia (2019): In 2019, a Thai national, Chatchai Prasertsri, was sentenced to death in Saudi Arabia for his involvement in a drug trafficking operation. Thailand’s government intervened diplomatically, urging Saudi Arabia to spare the man’s life. Thailand’s diplomatic efforts ultimately led to the commutation of the sentence. In this case, the Thai government used diplomatic channels and appeal for clemency, leveraging bilateral ties to resolve the situation.

Case of British National in China (2009): Akmal Shaikh, a British national, was arrested in China for attempting to smuggle heroin and was sentenced to death in 2009. The UK government and human rights organizations, including the United Nations, intervened, requesting clemency. Despite these appeals, China executed Shaikh. This led to significant diplomatic tensions between China and the UK, with the UK government expressing strong condemnation.

The Case of the 2009 ‘Chinese Spy’ in the United States: In a less direct scenario, there have been instances where countries have executed citizens of another state under highly sensitive circumstances. In the case of spies or espionage accusations, diplomatic fallout can be significant. For example, the execution of a foreign national on espionage charges (like the U.S. executing foreign nationals in extreme cases during wartime or intelligence operations) has caused international diplomatic tensions.

Somalia’s Embassy Support for Its Citizens Facing the Death Penalty in Saudi Arabia

Somalia’s embassy in Saudi Arabia plays a crucial role in providing support to Somali citizens facing the death penalty. Given Saudi Arabia’s strict legal system, which enforces capital punishment for various offenses, Somali nationals accused of serious crimes often require diplomatic and legal assistance. The embassy’s responsibilities include facilitating legal representation, advocating for fair trials, seeking clemency through diplomatic channels, and ensuring the rights of its citizens are upheld.

In international law, the key treaty governing consular assistance is the Vienna Convention on Consular Relations (VCCR), adopted in 1963. Somalia ratified the convention in 1968, while Saudi Arabia became a party in 1988. Article 36 of the VCCR outlines the provisions for consular assistance, allowing for communication and access between consular representatives of the home country and their citizens. Notably, Article 36(1)(b) stipulates that when a foreign national is arrested, detained, or awaiting trial in a host country, the authorities of that country are obligated to promptly inform the individual of their right to have consular officials notified of their situation, and, upon the individual’s request, to notify the consulate without delay. (Cullen, 2021)

The following list has been compiled by Hussein Abdulle Mohamed, a journalist based in Mogadishu.

REFERENCE

Avinash Tharoor (2019) Saudi Arabia begins 2019 with three executions for drug offences. Published international Drug Policy Consortium (IDPC) at https://idpc.net/news/2019/01/saudi-arabia-begins-2019-with-three-executions-for-drug-offences. Accessed 18/2/2025 

American Addiction Centers Editorial Staff (2024) ‘The 20 Countries with the Harshest Drug Laws in the World’ Published American Addiction Centers https://drugabuse.com/blog/the-20-countries-with-the-harshest-drug-laws-in-the-world/. Accessed 23/2/2025

Danial Cullen (2021) ‘Foreign nationals facing the death penalty: the role of consular assistance’ Published at Faculty of law blogs- University of Oxford at available at https://blogs.law.ox.ac.uk/research-and-subject-groups/death-penalty-research-unit/blog/2021/11/foreign-nationals-facing-death#_edn1. Accessed 20/2/2025

Setara Qudosi (2024) Saudi Arabia Executes over 100 Foreign nationals in 2024, including three Afghans’ Published Amu Digital news at https://amu.tv/138008/. Accessed 18/2/2025 

INTERNATIONAL AND NATIONAL LAW

The Riyadh Arab Agreement for Judicial Cooperation of 1983, Date of adoption: 6 Apr 1983, Place, Riyadh, Date of entry into force: 30 Oct 1985

Saudi Law of Narcotics Control Is Enacted Pursuant to The Royal Order No. 4/B/966 And Dated 10/07/1407H).

Vienna Convention On Consular Relations (VCCR), Adopted in 1963, Done at Vienna on 24 April 1963. Entered into force on 19 March 1967. United Nations, Treaty Series, vo1. 596, p. 261