The Gulf Centre for Human Rights (GCHR) has received information of excessive use of force by the police and the arrest and detention of human rights defender Sulaiman Binjasssim during a protest in the Al-Andalus area of Kuwait City. Sulaiman Binjassim is a member of the National Committee for Monitoring Violations and was peacefully monitoring and documenting the protest when he was arrested.

At approximately 9pm on the night of 17 April 2013, a spontaneous demonstration took place in Al-Andalus area, to protest against abuses by the authorities of opposition members and the raid by special force police, that afternoon, on the home of opposition leader Musallam Al-Barrak who was sentenced on Monday to five years in prison for insulting Kuwaiti Emir Sheikh Sabah Al-Ahmed Al-Sabah and challenging his power. The police violently raided Mussallam Al-Barrak’s home and tied up and physically assaulted his brother. The opposition leader has said that he is willing to surrender to the authorities once there is compliance with legal requirements and he is presented with an official copy of the court’s ruling, which was not presented on this occasion.

During the protest, special forces police reportedly used excessive force and unleashed smoke and tear gas on the protestors.  Sulaiman Binjassim was reportedly assaulted by police and hit with rubber bullets. He informed the police that he was doing his job and peacefully monitoring and documenting the protest however, they continued to to beat him before arresting him at approximately 1am on 18 April 2013. He was brought first to Al- Andalus police station and then to the Criminal Investigations Department where he was interrogated without a lawyer.

Following his arrest, he was only allowed to contact his family at 1pm on Thursday 19 April to ask that they organize a lawyer to attend a further interrogation which took place at 3pm on Thursday. His family and his colleague and human rights defender Nawaf Al-Hendal, were not allowed to visit him. Furthermore it is reported that he has not been granted access to medical treatment.

He has been charged with participating in an unauthorised gathering and resisting special force police. He has been remanded in custody until Sunday 21 April 2013 and is currently being held in the Criminal Investigation Department.

The GCHR expresses concern at the arrest and detention of Sulaiman Binjassim  while he attempted to monitor and document the protest in Al-Andalus area and believes they are solely a result of his peaceful and legitimate human rights work. It expresses further concern at the reports that police used excessive force against the protestors.

The GCHR urges the authorities in Kuwait to:

1. Immediately and unconditionally release and drop all charges against Sulaiman Binjassim;
2. Guarantee the physical and psychological integrity and security of Sulaiman Binjassim;
3. Immediately grant Sulaiman Binjassim access to medical treatment;
4. Carry out an immediate, thorough and impartial investigation into the excessive use of force by special forces police at the protest with a view to publishing the results and bringing those responsible to justice inline with international standards;
5. 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 to 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.”