Amnesty International Report 1999 - Kuwait

KUWAIT

Scores of political prisoners, including prisoners of conscience, remained in prison. Several political prisoners held after unfair trials since 1991 were released. The fate of more than 70 people who "disappeared" in 1991 remained unknown. At least three people were sentenced to death and six others were executed.

In May the UN Committee against Torture examined Kuwait's report and, while noting that Kuwait had confronted some incidents of torture and prosecuted those responsible, expressed concern that no crime of torture existed in law. The Committee recommended that such a crime be included in the criminal code and that Kuwait withdraw its reservation to Article 20 of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In June Mohammad Jassem al-Saqer, editor of the daily newspaper al-Qabas, was sentenced under provisions of the Press and Publications Law of 1961 to six months' imprisonment by the Court of First Instance for publishing a joke in January deemed offensive to Islam. Ibrahim Marzouq ‘Aid, an Egyptian cartoonist, was sentenced to an equal term in absentia. Mohammad Jassem al-Saqer remained at liberty pending the outcome of his appeal, which had not been completed by the end of the year.

In December Fu'ad al-Hashem, a journalist for the newspaper al-Watan, was sentenced to three months' imprisonment for an article in which he had allegedly criticized the conduct of the Public Prosecutor. Al-Watan was also fined 100 dinars (US$300) in the same decision.An appeal was ongoing at the end of the year.

Scores of political prisoners, including prisoners of conscience, continued to be detained in Kuwait Central Prison following conviction on charges of "collaboration" during the occupation of Kuwait by Iraqi forces. The prisoners had been tried before the Martial Law Court and State Security Court since 1991 in trials which failed to conform to internationally recognized fair trial standards (see previous Amnesty International Reports). Those imprisoned included Intisar Rasan Khallati, an Iraqi national, and her sister Sabiha Rasan Khallati, a Kuwaiti citizen by marriage, both sentenced in 1991 to 15-year prison terms. Also still held was Hamda As‘ad Yunis, an elderly woman, who was sentenced to life imprisonment in 1991. She was reported to be in poor health.

A group of 15 Bahraini nationals and two Bidun (stateless people) arrested in 1997 were tried by a criminal court on charges of straining relations with a friendly state (Bahrain) and possessing and distributing leaflets. Six Bahraini nationals were initially sentenced to three-year prison terms with hard labour, to be followed by deportation, including three tried in absentia. Eleven of the accused were initially acquitted, but two of them were subsequently sentenced to three years' imprisonment following an appeal by the Public Prosecutor. The Court of Cassation was reviewing the case at the end of the year. Those held at the end of the year were Hussein Mansur, Hussein al-Haiki, ‘Adel al-Haiki, Mohammad Mirza and ‘Abdallah Yunis.

A number of political prisoners held since 1991 were released following amnesties granted by the Amir, al-Shaikh Jaber al-Ahmad al-Sabah, during the year. Among them was Fatima Ramez Tafla, a Lebanese woman, held since 1991.

In June the Ministry of the Interior announced the closure of Talha detention centre, where conditions had caused concern (see Amnesty International Report 1997). It had housed foreign nationals suspected of violating national security laws, people without work permits, including Bidun, and individuals awaiting deportation after completing prison sentences.

The fate and whereabouts of more than 70 people who "disappeared" in custody in 1991 remained unknown (see previous Amnesty International Reports).

Six people were executed. In May, three men were reportedly executed by hanging in Kuwait City for murder. In July, two Iranian nationals, sentenced to death in 1997 on narcotics charges, were executed in Kuwait City's Central Prison. A Sri Lankan national was executed the same day for murder.

At least three people were sentenced to death. In January Saudi Arabian national Reda Saleh al-Shammari was sentenced to death in absentia for murder. In September a man was reportedly sentenced to death for the rape of a 14-year-old boy. In November a man was reportedly sentenced to death for killing two guards. Two death sentences were reportedly commuted on appeal during the year.

Amnesty International urged the government to release immediately and unconditionally all prisoners of conscience and to conduct a judicial review of the cases of people convicted by the Martial Law Court and the State Security Court.