55. Within the constraints of the Kuwaiti system, it should be noted that certain aspects accorded with international standards. 56. For example, Al-Drees has been represented by an independent lawyer of her choosing. With minor restrictions, and through the auspices of the Judge, that lawyer was able to ask questions of the police witness at the hearing on 24 November 2016. 57. But the fundamental issue of unfairness relates to the substantive content of the laws being applied, which, by their very wording, make a successful defence exceptionally difficult. 58. It is also unclear, from both the laws and the procedure, whether the Court is properly seeking to place the burden of proof on the Prosecution or whether the Judge’s own view of the tweets is ultimately determinative. Conclusion 59. The prosecution of Al-Drees under Article 25 of the Penal Code and the new Cyber Crimes Law is part of a concerning pattern of state action whereby freedom of expression has been gravely eroded in Kuwait since 2011 and continues to come under attack. 60. Al-Drees has already been subject to multiple charges, prima facie unlawful detention and faces a maximum penalty of five years’ imprisonment for tweets which, on any reasonable view, constitute a legitimate exercise in freedom of expression under international law. 61. The residual independence of the Kuwaiti judicial system, in the face of decisions by state security/the Public Prosecutor, is not adequate to remedy the unfairness created by the laws themselves – Article 25, in particular. Recommendations: In view of the above, the Gulf Centre for Human Rights (GCHR), the Arabic Network for Human Rights Information (ANHRI), International Service for Human Rights (ISHR), and FIDH and the World Organisation Against Torture (OMCT) within the framework of the Observatory for the Protection of Human Rights Defenders call on the Kuwaiti authorities to: (i) Drop all the charges against Sara Al-Drees, as they seem to merely aim at sanctioning her human rights activities, including the exercise of her right to freedom of expression on social media; (ii) Ensure that the process leading to criminal prosecution of those arrested and detained on criminal charges meet the international standards of transparency of investigation, fairness of procedures in prosecution and standards of fair trial; 11