The Gulf Centre for Human Rights (GCHR) has received information that on 13 March 2013, prominent human rights lawyer Mohammed Al-Fadhli was sentenced in abstentia to a suspended one month in prison. The sentence relates to a charge of “ resisting police arrest”, submitted by a police officer notorious for using violence against Kuwaiti and Bedoon protesters, following Mohammed Al-Fadhi’s participation in a protest on 6 July 2012.

In a major protest demanding equal rights for the Bedoon community, which took place on 6 July 2012, Mohammed Al-Fadhli was arbitrarily arrested before being released some hours later (see GCHR appeal dated 8 July 2102: https://www.gc4hr.org/news/view/189). He has stated on several occasions that he was attacked by riot police during the demonstration and has obtained medical reports as evidence of such an attack.

As part of his human rights work and in the exercise of his profession as a lawyer, he has been active in defending Bedoon protestors and activists and has attended demonstrations to document violations committed by state authorities against protestors.

The GCHR believes that Mohammed Al-Fadhli’s arrest at the protest in July 2012 and his subsequent sentencing to a month in prison are solely related to his work peaceful work in the defence of the Bedoon community in Kuwait. 

The GCHR urges the authorities in Kuwait to: 

1. Immediately and unconditionally drop all charges against Mohammed Al-Fadhli;
2. Carry out an immediate, thorough and impartial investigation into the excessive use of force by police at the protest against Mohammed Al-Fadhli, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
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 to Article 5(a) “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: (a) To meet or assemble peacefully” 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, threat, 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.”