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.”
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