The 'Iron Fist Policy'
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THE ‘IRON FIST POLICY’: Criminalization of peaceful dissent in Kuwait 2 THE ‘IRON FIST POLICY’: CRIMINALIZATION OF PEACEFUL DISSENT IN KUWAIT Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. We reach almost every country in the world and have more than 2 million members and supporters who drive forward our fight for rights, as well as more than 5 million activists who strengthen our calls for justice. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. First published in 2015 by Amnesty International Ltd Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom © Amnesty International 2015 Index: MDE 17/2987/2015 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] Cover photo: Kuwaitis rally in front of the national assembly to demand the release of opposition leader Musallam al-Barrak on 9 March 9 2015, in Kuwait City. © Getty Images. amnesty.org AMNESTY INTERNATIONAL DECEMBER 2015, INDEX: MDE 17/2987/2015 THE ‘IRON FIST POLICY’: CRIMINALIZATION OF PEACEFUL DISSENT IN KUWAIT 3 CONTENTS EXECUTIVE SUMMARY 4 METHODOLOGY 7 1. THE WEB OF LAWS THROTTLING FREEDOM OF EXPRESSION IN KUWAIT 8 Lack of protection for freedom of expression under Kuwait’s constitution 8 Laws restricting freedom of expression 8 “Insult” and defamation laws 8 National security laws 11 Offending religion 13 2016: The Cybercrimes law 14 2. THE TARGETING OF OPPOSITION ACTIVISTS, HUMAN RIGHTS DEFENDERS AND JOURNALISTS FOR “CRIMES” OF EXPRESSION 17 Imprisoned for insulting the Amir and other officials 18 Officials criticizing foreign states and rulers, offending religion 23 Restrictions on media freedom 26 3. REVOCATION OF CITIZENSHIP AND DEPORTATION 28 Kuwait’s nationality law and international human rights law 30 4. CONCLUSION AND RECOMMENDATIONS 32 Recommendations 32 AMNESTY INTERNATIONAL DECEMBER 2015, INDEX: MDE 17/2987/2015 4 THE ‘IRON FIST POLICY’: CRIMINALIZATION OF PEACEFUL DISSENT IN KUWAIT to have little impact in Kuwait. This changed in 2012, however, when popular opposition to a new EXECUTIVE SUMMARY electoral law and concern over corruption in government saw thousands repeatedly take to the streets of the capital, Kuwait City in a series of rallies entitled Karamat Watan (“Nation’s Dignity”). “… there is no doubt that men are free by nature to have their thoughts and opinions, to The controversial electoral changes and the come and go, individually or congregationally, government’s reaction to the Nation’s Dignity rallies, no matter their number, so long as they do not which included the forcible dispersal of peaceful harm others. The freedoms and rights of human protests, opened up divisions in Kuwaiti society beings have become an integral part of global which the government exacerbated by reacting with consciousness and have defined what it means increasing sensitivity to and intolerance of criticism to be human.” and dissent. In July 2014, in response to opposition Excerpt from a 2006 ruling by Kuwait’s Constitutional protests, the cabinet pledged “an iron fist policy and Court a decisive and firm confrontation with whatever could undermine the state, its institutions and constitution”. Since the 1960s Kuwait has gained a reputation within the Gulf for granting its citizens greater political The government has used existing laws and adopted freedoms than their counterparts in other countries new ones to target its critics, including human rights in the region. defenders and political opponents, and ultimately close down space for dissent. Judicial authorities The press has been able to operate with a degree have ordered the suspension or closure of newspapers of freedom relative to neighbouring countries, and and other media platforms. The government has citizens have generally been able to speak, write, invoked the country’s nationality law to strip some comment and even criticize the government without of its critics of their citizenship, sending a stark fear of arrest. Kuwaiti women face legal and other warning to others of the consequences of speaking discrimination, but have also enjoyed greater rights out. Members of Kuwait’s Bidun community, who are to political participation than in most other Gulf denied Kuwaiti nationality, have been among those states, including rights to vote and stand as arrested and imprisoned for peacefully exercising candidates in elections to parliament. There are still their right to freedom of expression. very serious human rights concerns – not least entrenched discrimination against residents of Kuwait not considered citizens, known as the Bidun, and the exploitation and abuse of foreign migrant workers – but holders of Kuwaiti citizenship, at least, have enjoyed freedoms that remain all too rare elsewhere in the Gulf. But since 2011, in the face of increased criticism and amidst a volatile regional context, the authorities have taken a series of steps which have seriously eroded human rights, with the right to freedom of expression among the main casualties. A demonstration outside Kuwait Central Prison, calling for the release of Initially, the popular protests that broke out across opposition politician Musallam Al-Barrak, Kuwait, 31 October 2012. the Middle East and North Africa in 2011 appeared © Private AMNESTY INTERNATIONAL DECEMBER 2015, INDEX: MDE 17/2987/2015 THE ‘IRON FIST POLICY’: CRIMINALIZATION OF PEACEFUL DISSENT IN KUWAIT 5 Amnesty International has visited Kuwait three Musallam al-Barrak, for many years one of the times in the last four years, interviewing dozens of government’s most trenchant critics, speaking out individuals, including people facing prosecution on against a perceived lack of government transparency charges related to their peaceful exercise of rights and criticizing the Amir and the judiciary, was facing to freedom of expression, human rights defenders, 94 ongoing separate criminal prosecutions. He is journalists and lawyers. Researchers have analysed currently serving a two-year jail sentence. Hamad al- relevant international and Kuwaiti laws, reviewed Naqi, meanwhile, is serving a 10-year jail sentence for UN reports relating to Kuwait and closely monitored posting comments on Twitter criticizing the leaders of media coverage of court cases and other developments Bahrain and Saudi Arabia and for making comments affecting the right to freedom of expression. The considered derogatory to the Prophet Mohammad organization met a senior state prosecutor, members and other religious figures. of parliament, and senior members of the Kuwaiti government, including the Prime Minister, and A web of laws is used to prosecute critics and subsequently invited the government to respond to opponents of the government. These include articles its findings in an April 2015 memorandum. At the of the Penal Code and other laws that criminalize time of finalizing this report, the authorities have not expression deemed to insult the Amir or undermine responded to this memorandum. his authority or that of the government or judiciary, or which threaten Kuwait’s national security or relations Based on this research, this report documents the with other states, such as criticism of leaders of deepening erosion of the right to freedom of expression other Arab states. that has occurred in Kuwait during the past four years. It details the authorities’ arrest, prosecution Other laws target online critics of the government – and imprisonment of peaceful online and other critics some 75% of Kuwait’s population use the internet. or commentators using laws that breach Kuwait’s Critics can face prosecution under laws that can make obligations under international law. Amnesty it an offence to use modern communications technology International considers a number of those prosecuted – such as mobile phones and the internet – to transmit to be prisoners of conscience, jailed solely for the and disseminate perceived criticism of the Amir, peaceful exercise of their right to freedom of expression. members of the judiciary or public officials. The authorities have used vague and sweeping criminal Such laws undermine the government’s obligations defamation laws to punish and deter criticism of to respect, protect, promote and fulfil the right to the Amir, other state officials and their policies or freedom of expression. Any restriction that governments conduct, and also to target those who openly criticize place on these rights must be shown to be the least leaders of other Arab states with which the government restrictive means of doing so possible, and must be maintains close relations. The use of such laws has demonstrably necessary and proportionate for one