(Beirut) – Saudi authorities should immediately drop all charges against the detained editor of a website created to foster debate about religion and religious figures in Saudi Arabia.

On December 17, 2012, the Jeddah District Court, which had been hearing the case against the editor, Raif Badawi, referred it to a higher court on a charge of apostasy, which carries the death penalty. The charges against him, based solely to Badawi’s involvement in setting up a website for peaceful discussion about religion and religious figures, violate his right to freedom of expression.

“Badawi’s life hangs in the balance because he set up a liberal website that provided a platform for an open and peaceful discussion about religion and religious figures,” said Eric Goldstein, deputy Middle East director at Human Rights Watch. “Saudi Arabia needs to stop treating peaceful debate as a capital offense.”

A member of Badawi’s family told Human Rights Watch that during the December 17 hearing, Judge Muhammad al-Marsoom prevented Badawi’s lawyer from representing his client in court and demanded that Badawi “repent to God.” The judge informed Badawi that he could face the death penalty if he did not repent and renounce his liberal beliefs, the family member said.

Badawi refused, leading Judge al-Marsoom to refer the case to the Public Court of Jeddah, recommending that it try Badawi for apostasy.

Prior to the December 17 hearing, Badawi had been charged with “insulting Islam through electronic channels” and “going beyond the realm of obedience,” neither of which carries the death penalty. A different judge, Abdulrahim al-Muhaydeef, presided over five sessions of the trial but was replaced without explanation for the December 17 hearing by Judge al-Marsoom.

Saudi law derives from principles of Islamic Shariah, which are not codified and do not follow a system of precedent. As a result, individual judges are free to interpret the Quran and prophetic traditions – the two agreed-upon sources of Shariah – as they see fit.

With the exception of a few crimes – including the capital offense of apostasy – judges essentially can interpret offenses to fit facts rather than assessing whether facts fit a clearly defined offense. Saudi judges also frequently convict people who engage in peaceful criticism of religious or political authorities on vague charges, including “going beyond the realm of obedience.”

Security forces arrested Badawi, a 30-year-old from the port city of Jeddah, on June 17. Badawi in 2008 was co-founder of the Free Saudi Liberals website, an online platform for debating religious and political matters in Saudi Arabia.

On the website, Badawi and others had declared May 7, 2012, a day for Saudi liberals, hoping to garner interest in open discussion about the differences between “popular” and “politicized” religion, Su’ad al-Shammari, secretary general of the website, told Human Rights Watch. Human Rights Watch had previously called for al-Badawi’s release on the grounds that his arrest violated his right to freedom of expression.

Based on a royal decree issued by King Abdullah in April 2011, all crimes related to insulting Islam by electronic means fall under the jurisdiction of a judicial council in the Ministry of Information. The council has the authority to refer cases directly to the king, who may “take measures in the public interest,” including referring cases to court.

The judicial process against Badawi has not made clear what words or activities provoked his prosecution. However, international human rights law provides broad protection of the right to freedom of expression. It permits restrictions only in narrowly defined circumstances, such as speech that constitutes incitement to imminent violence. International norms provide protection for speech about religion, including speech that some may find departs from commonly held beliefs or insults a religion or religious group.

Saudi authorities have harassed Badawi since he founded the website. In March 2008, prosecutors arrested and detained him for questioning but released him a day later. In 2009, the government barred him from foreign travel and froze his business interests, depriving him of a source of income, a family member told Human Rights Watch.

His father and a brother have publicly distanced themselves from him and declared him an unbeliever, and members of his wife’s family also filed a suit in a Jeddah court to have him forcibly divorced from his wife as an apostate. His wife and children are living outside of the country.

“Instead of protecting their citizens’ right to freedom of expression, the Saudi government has gone all-out against Badawi, to punish him and intimidate others who dare to debate matters of religion,” Goldstein said. “The authorities should drop the charges against him.”