Kuwait

Kuwait – Authorities continue to target human rights defenders

5/11/2013

On 10 November 2013, human rights defenders and members of the National Committee to Monitor Violations (NCV) appeared before the Kuwaiti Criminal Court. NCV members Rana Al-Saadoun, Abdullah Al-Rafdi and Munther Al-Habeeb, face the following charges after they were each interrogated separately:

1. Insulting the head of state (the Emir);

2. Challenging the authority of the prince;

3. Repeating a speech in a public place.

These charges are related to a speech delivered by one of the leaders of the opposition Muslim Al-Mubarak on 15 October 2012 during an opposition rally protesting wasted time and resources by the state under the banner “Enough absurdity.” He said in the speech which was directed at the Emir: “Your highness, in the name of the nation we shall not allow you to engage in autocratic rule.” And also, “Your Highness, history records, so what do you want history to write in your page? Do you want it to write that under the rule of Sheikh Sabah Al- Ahmed, opinion leaders were imprisoned?”

Al-Rafdi and Al-Habeeb both publicly re-read the speech on 16 April 2013. Then on 27 April, Rana Al-Saadoun also re-published the same speech by recording a video clip posted via YouTube. Rana Al-Saadoun faces another case (number 81/2013) in which she has been accused of the following alleged charges: assembly of more than 5 people with intent to commit a crime, attacking security forces and resisting them, and disrupting traffic.

The Gulf Centre for Human Rights (GCHR) expresses grave concern over the targeting of human rights defenders Rana Al-Saadoun, Abdullah Al-Rafdi and Munther Al-Habeeb solely for their peaceful and legitimate activities in the field of human rights. The GCHR notes that the right of the three defenders of human rights to freedom of expression has been violated by the Kuwaiti authorities.

The GCHR urges the authorities in Kuwait to:

1. Immediately and unconditionally drop all charges against human rights defenders Rana Al-Saadoun, Abdullah Al-Rafdi and Munther Al-Habeeb;

2. Stop using the judiciary to target human rights defenders;

3. Guarantee in all circumstances that all human rights defenders in Kuwait are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment. 

The GCHR respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognizes the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw your attention to Article 5 (b) which states that: “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (b) To form, join and participate in non-governmental organizations, associations or groups;” Article 6 (c) “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters” and to  Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”