On 16 May 2016 the Kuwait’s Cassation Court ratified the sentence of deportation and a year in prison with labour against human rights defender Abdulhakim Al-Fadhli for his participation in a demonstration calling for Bedoon rights.  

Abdulhakim Al-Fadhli is a prominent Bedoon rights activist and is involved in monitoring human rights violations in Kuwait. The Bedoon community, which makes up over 150, 000 people continue to be denied basic human rights and remain without citizenship.  He has been arrested and detained on a number of occasions and is currently in detention in Kuwait Central Prison following his arrest on 18 April 2016 at a gathering in solidarity with imprisoned pro-democracy activist Musallam Al-Barrak. (For further information see appeal GCHR appeal https://www.gc4hr.org/news/view/1239)

On 29 January 2015, he was handed down the heavy sentence of a year in prison with labour and deportation by the Criminal Court for “ inciting Bedoons to protest and cause chaos”. The sentence relates to his participation in a five-day demonstration that took place in Taima square in Jahra in February 2014 where demonstrators called for the rights of the Bedoon people to be recognised.  During the event security used excessive force and tear gas to disperse those demonstrating.

It is thought that he will soon be deported to Comoros in return for economic support on foot of an agreement between the Kuwaiti authorities and Comoros.

The Gulf Centre for Human Rights (GCHR) strongly condemns the sentencing of Abdulhakim Al-Fadhli and believes it is a direct result of his peaceful and legitimate work for the promotion and protection of the rights of the Bedoon community and the exercise of his right to freedom of assembly. The GCHR further condemns any deportation agreements between Kuwait and other governments in return for economic support.

The GCHR calls on the human rights mechanisms of the United Nations and the European Union to ensure that Abdulhakim Al-Fadhli is not deported and that the charges against him are dropped.

The GCHR also urges the authorities in Kuwait to:

1. Immediately halt the deportation of Abdulhakim Al-Fadhli and revoke the sentence against him;
2. Release Abdulhakim Al-Fadhli from detention as his detention is solely related to his human rights activism;
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, recognises 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 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): “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.”