53. The legal framework restricting freedom of expression was subject to significant criticism by the UN Human Rights Committee in the Third Periodic Review (August 2016): The Committee is concerned about reports of arbitrary arrest, detention, trial, withdrawal of citizenship and deportation of persons who exercise their freedom of opinion and expression. The Committee is particularly concerned about: (a) the adoption of new legislation to further curb the right to freedom of expression and opinion and extend State control and restrictions on Internet-based expressions under Law No. 37 (2014) on communications and Law No. 63 (2015) on cybercrime; (b) the criminalization of defamation and blasphemy and the application of restrictive, vague and broadly worded provisions to prosecute activists, journalists, bloggers and other individuals for expressing critical views or views deemed to “insult” the Emir or undermine his authority, defame religion or threaten the national security of Kuwait or the country’s relations with other States; (c) amendments made in June 2016 to the electoral law barring persons convicted of defamation or blasphemy from standing for election; (d) the alleged termination of licences for audiovisual and print media critical of the Government; and (e) content control and denial of access to the Internet, and the revocation of service providers’ licences without disclosing the reasons for doing so and without due process (arts. 9, 17-19 and 25). The State party should: (a) repeal or revise laws containing provisions restricting the right to freedom of expression and opinion and repeal laws criminalizing blasphemy and insulting the Emir, among other acts, with a view to bringing them into conformity with its obligations under the Covenant; (b) clarify the vague, broad and open-ended definition of key terms in those laws and ensure that they are not used as tools to curtail freedom of expression beyond the narrow restrictions permitted by article 19 (3) of the Covenant… 54. Further, the 21-day remand Order, designed for “state security” cases, is an even more severe provision than that which was criticised by the UN Human Rights Committee in its Concluding Remarks on the Third Periodic of Kuwait in August 2016: “While noting the 2012 amendments to the Code of Criminal Procedure, the Committee is concerned that those who are arrested can be held in police custody for up to 10 days upon a written order of the investigator and may be presented before a judge only after that period (art. 9). The State party should amend its legislation to ensure that anyone arrested or detained on a criminal charge is brought before a judge within 48 hours.” 10

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