Despite multiple court rulings in his favour, Abdulrahman Al-Khalidi’s detention continues under shifting legal justifications

~ Alisa-Ece Tohumcu ~

Despite judicial rulings supporting his release, Abdulrahman Al-Khalidi, a Saudi dissident and former member of the pro-democracy Bees Army, remains held in detention in Bulgaria since October 2021. Bulgarian authorities, primarily the State Agency for National Security (SANS), have continued to block his freedom on national security grounds. He has not been charged with any crime.

“I am not an accused person, nor am I guilty, nor have I been convicted of anything to seek pardon or forgiveness”, said Al-Khalidi in a statement. He revealed that the Sofia Administrative Court had ruled on 26 March that he must be released immediately. Instead of being freed, Al-Khalidi was transferred to a different section of the Busmantsi detention centre, where he was informed that his detention was being reclassified from “asylum detention” to “expulsion detention.” When he attempted to contact his lawyer, his phone was taken by officials who physically restrained him. He was coerced into signing documents under the threat that he would otherwise be denied access to an appeal process.

Al-Khalidi argues this reclassification was a deliberate attempt to bypass the court’s decision and prepare for his deportation, despite his asylum claim which is still ongoing. He cites violations of the EU Directive which limits the detention of asylum seekers to situations where less restrictive alternatives are unavailable, and only following individual assessment.

Al-Khalidi applied for asylum in November 2021, shortly after crossing into Bulgaria and being arrested. Over the next three years, his application was rejected multiple times and appealed through Bulgaria’s court system. In May 2023, the Supreme Administrative Court annulled all lower decisions and sent his case back for retrial due to procedural irregularities. His asylum case remains unresolved and pending appeal at the Supreme Administrative Court.

A petition calling for an end to his deportation has gathered over 1,100 signatures. On 10 March, Front Line Defenders, along with 20 other human rights organisations, issued a joint statement warning that Al-Khalidi faces a serious risk of torture or death if returned to Saudi Arabia. They called on Bulgarian authorities to respect court decisions and international obligations. “The Bulgarian government must immediately release Abdulrahman Al-Khalidi, in line with the court rulings and its obligations under international human rights law”, said the statement