… the Special Rapporteur remains concerned that defamation remains classified as a criminal offence rather than a civil tort in many countries around the world. As he has emphasised on many occasions, criminal defamation laws are inherently harsh and have a disproportionate chilling effect on free expression. Individuals face the constant threat of being arrested, held in pre-trial detention, subjected to expensive criminal trials, fines and imprisonment, as well as the social stigma associated with having a criminal record. 41. It is all the more concerning that defamation is being alleged against a private citizen using social media, with no apparent requirement to prove harm or damage to the purported victim. 42. As such, the various provisions of the law being applied against Al-Drees i) offend the principle of legality – the offences created by the law – in particular Article 25 - are ill-defined and, in the absence of restrained and judicious interpretation, constitute an inherently disproportionate interference with freedom of expression; ii) seek to apply a law of criminal defamation as regards the Emir’s reputation without adequate safeguards and iii) introduce a broad subjective evaluation of “insult” against his person and iv) via the new Cyber Crimes Law, prohibit even mere “criticism” of the Emir, with no reference to a standard of accuracy or public interest as a defence to such a charge, rendering the Emir “untouchable” in online discourse, upon the threat of conviction and financial penalties. 43. As explored below, the “procedural fairness” of Al-Drees’ ongoing trial cannot be evaluated without consideration of the inherently problematic substantive laws being applied against her. The Hearing of 24 November 2016 44. Al-Drees was represented by defence lawyer Khaled Hajeri at Kuwait’s Central Criminal Court. The hearing was scheduled to begin questioning of a police officer from the Cyber Crimes Unit. Placed in a list of over 40 cases, the Defendant was forced to wait from 9.30am to 2.40pm before being called on by Judge Saoud AlSana, who sat with two panel members. 45. According to Kuwaiti procedure, the defence lawyer addresses questions first to the Judge who then relays the enquiry to the witness. 46. Hajeri first sought to ask questions about why an investigation of Al-Drees’ tweets was instigated. The Judge did not permit the question. Hajeri then queried the basis on which the police officer had reached the view that the tweets were mocking the Emir. The officer replied that “the fourth message had a bad word about the Emir” and the response on Twitter from other readers bolstered her view that the tweet had indeed been insulting. 7