Cairo: 4 February 2020
The Arabic Network for Human Rights Information (ANHRI) confirmed today its denunciation of the ruling issued by the Court of Cassation’s Penal Chamber rejecting the appeal submitted by 17 citizens challenging the Court of Appeal’s decision to convict them of allegedly “insulting the status of the Emir” against the backdrop of promoting a speech delivered by former parliamentarian Musallam al-Barrak at the capital’s Erada Square.
Yesterday, the Penal Chamber of the Kuwaiti Court of Cassation turned down an appeal filed by 17 citizens, including former MPs and activists, challenging the conviction ruling issued against them by the Court of Appeal.
The court upheld the Court of Appeal’s decision against each of the following: Mubarak Al-Waalan, Khaled Al-Tahous, Abdullah Al-Barghash, Mohamed Al-Khalifa, Salem Al-Namlan, Khaled Shukher, Faisal Al-Yahya, Fahd Al-Zamil, Zayed Al-Zaid, Ahmed Siar, Nasser Al-Mutairi, Ayed Al-Otaibi, Khaled Al-Mutairi, Khaled Al-Shammari, Anwar Al-Fikr, Muhammad Al-Otaibi and Fahad Mater. The aforementioned defendants received a two-year suspended prison sentence on bail of KD 2,000 (approximately $ 6600) to suspend the verdict. The court also set the hearing of 19 March 2020 to be the trial hearing against former MP Jamaan Al-Harbash after withdrawing his parliamentary membership.
It is noteworthy that the Prosecution has referred to the Criminal Court five cases in which 67 citizens, including former MPs, writers, journalists and activists, are accused of “undermining the status of the Emir” for promoting a speech made by former MP Musallam al-Barrak during a seminar entitled “enough nonsense” held in October 2012 at Erada Square, adjacent to the National Assembly (Parliament) building in Kuwait City, where he addressed the Emir (ruler) of Kuwait saying, “Your highness, we shall not allow you to engage in autocratic rule”.
ANHRI said: “We were waiting for a historical ruling from the Court of Cassation to consolidate the value of the right to freedom of opinion and expression, but we see that the political interests prevail over human rights values. The ruling issued against 17 citizens really demolishes the foundations of democracy and violates the right to freedom of opinion and expression guaranteed by international conventions.”
ANHRI added; “It appears that the Kuwaiti judiciary does not acknowledge the international rights and treaties. The Court of Cassation’s decision came in the same week in which the Criminal Court sentenced 3 stateless individuals, known as “bedoons”, to prison terms ranging from life to ten years because of exercising their right to peaceful demonstration and to express their opinion.”
ANHRI called on Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah, the Emir of Kuwait, to intervene to drop these unjust accusations pressed against Kuwaiti citizens, and to establish the right to exercise freedom of expression in the country.,
