47. Hajeri asked whether the officer had read the other tweets that day which established
Al-Drees was engaged in a conversation with other Twitter users which formed part
of the context of her own messages. The officer said she had not seen a conversation.
48. The officer was asked whether she had read Al-Drees’ explanations and clarifications.
The officer said that any such messages were only made after the initial offending
messages because Al-Drees knew she was in trouble.
49. After 20 minutes, the hearing was brought to an end. The Defence will reply in
writing to the officer’s evidence and Al-Drees is likely to herself give evidence before
the end of the year in a further hearing.
Fair Trial Standards
50. It is the trial observer’s view that in a number of respects the ongoing prosecution and
trial of the Defendant falls short of fundamental fair trial standards. Those normative
standards include rights embedded within the International Covenant on Civil and
Political Rights (ICCPR) (to which Kuwait has been a signatory since 1996),
principally within article 14. The various elements of the right to a fair trial codified
in the ICCPR are also to be found within the Universal Declaration of Human Rights,
customary international law norms and other international treaties, including treaties
pertaining to international humanitarian law and international criminal law.
51. In similar (though less detailed) terms to Article 14 of the ICCPR, the right to a fair
trial is guaranteed by Article 13 of the Revised Arab Charter on Human Rights which
reads:
“Everybody has the right to a fair trial in which sufficient
guarantees are ensured, conducted by a competent,
independent and impartial tribunal established by law, in
judging the grounds of criminal charges brought against him
or in determining his rights and obligations. State Parties
shall ensure financial aid to those without the necessary
means to pay for legal assistance to enable them to defend
their rights.”
52. In the following respects, it is the trial observer’s view that the trial of Al-Drees
has fallen below international fair trial standards:
a. Pre-trial detention in September and October 2016 was arbitrary and not
necessary; an initial order for 21-day detention was disproportionate in the
circumstances; Al-Drees was also forced to wait an unacceptable period of
time before she could challenge her detention through a bail hearing – a
Defendant has the right to seek judicial redress without “undue delay”;
8