[8] Arab League, Statement of Signatures and Ratifications of the Arab Charter of Human Rights, http://www.lasportal.org/wps/wcm/connect/498481804a04776ea1d7bd526698d42c/%D8%AC%D8%AF%D9%88%D9%84+%D8%AA%D8%B5%D8%AF%D9%8A%D9%82+%D8%A7%D9%84%D8%AF%D9%88%D9%84+%D8%B9%D9%84%D9%89+%D8%A7%D9%84%D9%85%D9%8A%D8%AB%D8%A7%D9%82+%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A+%D9%84%D8%AD%D9%82%D9%88%D9%82+%D8%A7%D9%84%D8%A5%D9%86%D8%B3%D8%A7%D9%86.pdf?MOD=AJPERES (translated from Arabic by DPW), last accessed Apr. [7] Status, Declarations, and Reservations, Second Optional Prot. [33] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [6] Status, Declarations, and Reservations, Second Optional Prot. Results of the autopsy made by the Kuwaiti Ministry of Health showed that the victim died after multiple organ failure following severe beating. [37] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, para. [36], Women With Small Children.Reporting before the U.N. Human Rights Council indicates that the death penalty is not applied to new mothers. 136 of 1992. 180, Law No. [22] Amnesty Intl., Death Sentences and Executions in 2013, p. 50, ACT 50/001/2014, Mar. [20] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. [14] U.S. Dept. [16]. These were the first executions that have been carried out in Kuwait since 2013, when Kuwaiti authorities executed five prisoners. [26] Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. Bahrain, Jordan, Kuwait and the United Arab Emirates took up executions again in 2017. 83, Law No. Migrants are housed in the separate Talha Deportation Center, which reportedly provides adequate nutrition and medical services. [21] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. Among the supreme court's main verdicts today, the court upheld the commuting of the death sentence for the alleged IS leader in … Fax 020 7553 8189 50, Law No. [23] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. This self-reported practice or legal restriction is consistent with the provision that pregnant women can be sentenced to a maximum of life imprisonment. 16 of 1960. [31] Amnesty Intl., Kuwait: Deplorable resumption of executions, http://www.amnesty.org/en/news/kuwait-deplorable-resumption-executions-2013-04-02, Apr. [34] Status, Declarations, and Reservations, ICCPR, 1577 U.N.T.S. [24] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 10, 2019. ed., 1996; M. Cherif Bassiouni, ed., The Islamic Criminal Justice System, p. 203-209, Oceana Publications, Inc., 1982; Mohamed S. El-Awa, Punishment in Islamic Law: A Comparative Study, p. 69-85, American Trust Publications, 1982. Article 20 of the Penal Code prohibits the death penalty for crimes committed while under the age of 18. 29, 2015. of State, 2009 Human Rights Report: Kuwait, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. [12] Amnesty Intl., Death Sentences and Executions in 2016, p. 6, ACT 50/5740/2017, Apr. 170-171, Law No. [14], Espionage.Waging or inciting war against Kuwait, undermining the defense, disclosing state secrets or assaulting the Emir or high officials, “shall be punished by death.” [15], Military Offenses Not Resulting in Death.Some betrayal of military information or state secrets “shall be punished by death.” [16], Other Offenses Not Resulting in Death.A number of military offenses of Kuwaiti personnel are death-eligible under some circumstances, such as cowardice, dereliction of duty, insubordination, insurrection, disclosing secrets, assisting the enemy, undermining the defense, and some humanitarian violations and offenses set out in the Penal Code. [35] Kuwait has acceded to the Arab Charter on Human Rights, which also prohibits the execution of pregnant women. 16 of 1960. 35 of 1985. [11] Kuwait Penal Code, arts. [8]. In Kuwait, Death Penalty is mandatory in cases of blasphemy. 16-17, U.N. Doc. 10, 2019. 16 of 1960; Kuwait Code of Criminal Procedure, art. 3(6), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. 59, Law No. 1, 6, 8, 11, 18, 23-24, No. A/HRC/15/15, Jun. 17-18, U.N. Doc. [13] Kuwait Act Regulating the Legal Profession, arts. [2], Yes. 3, GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010 [7] Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. Harm Reduction Assn., 2010; Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 279 fn. [4] Status, Declarations, and Reservations, Optional Prot. 10, 2019. Torture of an accused, a witness or expert, by a public servant and resulting in death, “shall be” punished by death. 42 of 1964. 31, 2015. 15, 2008. “I call for the most severe punishment against anyone who attempts to undermine the security of the nation and frighten innocent people,” MP Sultan Al Lughaisim said Tuesday. [4] Amnesty Intl., Death Sentences and Executions in 2018, p. 31, ACT 50/9870/2019, Apr. The last available figure for death row dates to the end of 2015, when there were at least 11 death-sentenced prisoners. 17 of 1960. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Feb. 22, 2011. Nepalese Indigenous Nationalities Forum Australia (NINFA) decided to collect fund to save Dolma Sherpa who is in the death row being accused of murder in Kuwait. A discussion on the web page of the Embassy of the Philippines [28] indicates that courts follow a Shari’a practices in sentencing for premeditated murder, [29] which could include applying a mandatory death penalty in absence of a settlement with the victim’s family. [12] [18] Kuwait Penal Code, art. Negotiation by the governments of foreign nationals may be a significant factor in whether a migrant worker is executed in such cases. [1] U.S. Dept. Under the Kuwaiti Military Code, the following military offences may be punished with death: revealing classified information, cowardice, deserting one's post or duty, collaboration, insurrection, insubordination, and interfering with action in the line of defence. Once it has been reviewed, the Emir of Kuwait must approve of the sentence. of State, 2009 Human Rights Report: Kuwait, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. KUWAIT. 1, 8, No. However, we did not find the specific law that prohibits the execution of new mothers. Kuwait prohibits the pronouncement of death sentences upon individuals for crimes committed while under the age of 18; [9] we found no reports of contrary practice. [1] U.N. CCPR, Human Rights Committee, Consideration of Reports Submitted by State Parties under Article 40 of the Covenant, Concluding Observations and Recommendations: Kuwait, paras. 26, 2009. A/63/716, Feb. 12, 2009. 26, 2014. [10] Kuwait Law Regarding Explosives Offenses, art. [29] Al Jazeera, Kuwait hangs seven, including royal, in mass execution, Jan. 25, 2017. [1] U.S. Dept. The U.S. Department of State reports that conditions in general have improved for inmates due to the construction of new prisons in 2006. 16 of 1960. [17] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. Individuals Below Age 18 At Time of Crime.Article 20 of the Penal Code prohibits the death penalty for crimes committed while under the age of 18. 11, 2017. FIVE MEN EXECUTED FOR MURDER, DRUG SMUGGLING, RAPE. 16, 2010. 16 of 1960. [9] Arab League, Statement of Signatures and Ratifications of the Arab Charter of Human Rights, http://www.lasportal.org/wps/wcm/connect/498481804a04776ea1d7bd526698d42c/%D8%AC%D8%AF%D9%88%D9%84+%D8%AA%D8%B5%D8%AF%D9%8A%D9%82+%D8%A7%D9%84%D8%AF%D9%88%D9%84+%D8%B9%D9%84%D9%89+%D8%A7%D9%84%D9%85%D9%8A%D8%AB%D8%A7%D9%82+%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A+%D9%84%D8%AD%D9%82%D9%88%D9%82+%D8%A7%D9%84%D8%A5%D9%86%D8%B3%D8%A7%D9%86.pdf?MOD=AJPERES (translated from Arabic by DPW), last accessed Apr. She was sentenced to death on Tuesday the 30th of March 2010, by Judge Adel al-Sager and her sentence upheld by the Appeal Court and the Court of Cassation. [1], No. [5] Kuwait Penal Code, art. Death penalty Kuwaiti lawmakers called for the capital punishment for the defendants, Gulf News reported. A/HRC/15/15, Jun. A/71/484/Add.2, Dec. 6, 2016. 149(2)(1)-151, Law No. The U.S. Department of State reports that bar association attorneys are required to assist indigent defendants when requested by the court and that the defendants used these services. [2] Kuwait Constitution, art. Commentary in the final report of the working group on the Human Rights Council’s Universal Periodic Review of human rights in Kuwait suggests that an unofficial moratorium on executions has been in place since the last execution in 2007; however, Kuwait’s commitment to that moratorium may be limited. 26, 2009; Embassy of the Philippines to Kuwait, Penal Law Issues and Punishments, http://www.philembassykuwait.gov.kw/sharia_penallaw.html, last accessed Feb. 22, 2011. [4] Giving false witness, resulting in execution, is punishable by death or life imprisonment. [5] Kuwait Penal Code, art. 79(54), 80(10-18), U.N. Doc. 3(3), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Feb. 22, 2011. [16] DPW Executions and Death Sentences Monitor. 26-27, 32, No. [18] However, Kuwait’s anti-terrorism law prohibits application of mitigation for terrorism resulting in death. The Human Rights Committee pursuant to periodic review of human rights in Kuwait issued Concluding Observations and Recommendations in 2000; the Committee urged Kuwait to limit the application of the death penalty to the most serious crimes, address the vagueness of the scope of some death-eligible offenses, and assure the right to a fair trial for individuals facing capital charges. Kuwait … Kuwait has executed a total of 69 men and three foreign women since it introduced the death penalty in mid-1960. [5] Status, Declarations, and Reservations, Optional Prot. of State, Background Note: Kuwait, http://www.state.gov/r/pa/ei/bgn/35876.htm, May 4, 2010. 31(2), Nov. 11, 1962, translated by: International Constitutional Law. [6] Kuwait Penal Code, art. 11, 2017. 17 of 1960. Bong S. Sarmiento - December 31, 2020 2:02 pm . A/67/457/Add.2, Dec. 8, 2012. [13] Amnesty Intl., Death Sentences and Executions in 2018, p. 37, ACT 50/9870/2019, Apr. [5] Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. [38] Kuwait Penal Code, art. [3], One researcher reports that Saudi nationals and others are on death row; [4] an Amnesty International report indicates that one Filipina maid may still be on death row (typically, Amnesty would issue an update if her situation had changed); [5] news reports confirm that Filipina workers are currently sentenced to death in Kuwait with some frequency. However, some decisions by Kuwaiti courts (not necessarily on the death penalty) are published in the official Gazette. [25] Tahir Mahmood, et. [38] Also, Kuwait has acceded to the Arab Charter on Human Rights, which prohibits the execution of nursing mothers. Villavende was killed by her female employer in Kuwait due to jealousy on December 28, 2019. Indian national gets death penalty in Kuwait Get link; Facebook; Twitter; Pinterest; Email; Other Apps; Published Monday, September 23, 2019 Rajinder Singh, a resident of Taragarh village at Jalandhar Road, has been sentenced to death in Kuwait for drug trafficking. 12, 2018. CCPR/CO/69/KWT, Jul. [11] U.N.G.A. [13] Kuwait Penal Code, art. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Feb. 22, 2011. of State, 2009 Human Rights Report: Kuwait, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. [5] For piracy resulting in death, the punishment “will be death.” [6] The punishment “shall be death” for attacking or resisting drug law enforcement or public servant carrying out his duties under the drug laws, resulting in death. 16 of 1960. Capital punishment in Kuwait is legal, as of 2019. The press and public are allowed to view the dangling bodies after the execution. Nusra al-Enezi was the first Kuwaiti woman ever to be executed. [16] Kuwait Act Amending Provisions of the Penal Code, art. [8] Reports indicate that Kuwaiti law follows the practice of reducing sentences for murder offenses in return for blood money compensation paid to a murder victim’s family, and this is an important part of the clemency process. Categories of Offenders Excluded From the Death Penalty: Individuals Below Age 18 At Time of Crime. 15, 2008. 59, Law No. [3] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. [10], Rape Not Resulting in Death.Intercourse by force, threat or deception is punishable by death; rape carries the death penalty when by a relation, guardian or servant. 58, Law No. [5] Amnesty Intl., Death Sentences and Executions in 2017, p. 30, ACT 50/7955/2018, Apr. Statutory rape of a woman unable to consent because she is mentally incapacitated carries the death penalty when carried out by a relation, guardian or servant. A/71/1047, Sep. 13, 2017. [18] Amnesty Intl., Death Sentences and Executions 2017, p. 30, ACT 50/7955/2018, Apr. 35 of 1985 [27] Mark Joseph H. Ubalde, Pinoy on Death Row in Kuwait Gets Pardon from Victim’s Family, http://www9.gmanews.tv/story/162122/pinoy-on-death-row-in-kuwait-gets-pardon-from-murder-victims-family, May 20, 2009. [15] Kuwait Act Amending Provisions of the Penal Code, arts. 17 of 1960. 60, Law No. please contact, Kuwait hangs seven, including royal, in mass execution. [6], Yes. 7, Oxford University Press, 2008. The last execution in the Caribbean, and the last in the Americas outside the United States, was in Saint Kitts and Nevisin 2008. The U.S. Department of State reports that “[t]he Central Prison Complex houses the country's only three prisons: a low-security men's prison, a high-security men's prison, and a women's prison.” [1], We have found no reports that specifically describe conditions on death row. Defendants or their counsel are able to access the evidence against them in preparation for trial. 35 of 1985. 48 of 1987; Kuwait Act Concerning the Fight Against Drugs and Regulating Use and Trafficking, art. 12, 2018. [2], Murder.Premeditated murder “is punished by death.” [3], Other Offenses Resulting in Death.A number of offenses resulting in death are punishable by death. [14] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. [4], There may be an unofficial moratorium in place; however, Kuwait did not support the Human Rights Council’s 2010 recommendation that it continue the de facto moratorium. 7, Oxford University Press, 2008. [2] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, paras. [21] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. Sources report multiple foreign nationals under sentence of death in Kuwait. Executions in Saudi Arabia were also "significantly higher" in 2015 and 2016, according to death penalty campaign group Reprieve. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Feb. 22, 2011. 30, 2010. 11, 2017. [12] U.S. Dept. [12], Kidnapping Not Resulting in Death.Kidnapping by force, with the intent to kill, harm, engage in sex, disgrace the victim, force the victim into prostitution, or extort something from the victim or another party “shall be punished by death.” [13], Treason.Drug trafficking “shall be punished by death or life imprisonment,” the penalty “shall be death” for recidivists, public officials, those who use individuals under the age of 18 in carrying out an offense, if the criminal has created a criminal organization, or as specified for certain drugs in a schedule to the law. [25] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. 12, 2018. The following offenders shall not be subject to Capital Punishment if found guilty of a Capital offense: These offenders will have their sentences commuted to life imprisonment. Kuwait maintains the death penalty for non-violent offenses, including drug smuggling. [14] We therefore estimate there are around 54 people on death row. [23] Since a large number of Filipinos work in Kuwait, the Embassy has made this information available on its website. 9, 2013. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. [30] Tahir Mahmood, et. [35] Kuwait Penal Code, art. 20, Law No. 137, Law No. 59, Law No. 31 of 1970. [14] Kuwait Law Regarding Explosives Offenses, arts. [17] Amnesty Intl., Death Sentences and Executions 2018, p. 31, 50/9870/2019, Apr. [5]. [32] Kuwait Penal Code, art. In the amended article, if the defendant publicly repents and apologizes for the crime, the penalty will be reduced to five years in jail, a fine of 10,000 Kuwaiti Dinars (KD), or both. 27-29, Decree No. 55 of 1995 Abolishing the Court of State Security (note that our translation of this law was incomplete); Encyclopedia of the Nations, Kuwait: Judicial System, http://www.nationsencyclopedia.com/Asia-and-Oceania/Kuwait-JUDICIAL-SYSTEM.html, last accessed Feb. 22, 2011 Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. If the court of appeal rejects this appeal, then they go to the Court of Cassation (Supreme Court) of which is the highest governing legal body in the country. 16 of 1960; Kuwait Code of Criminal Procedure, art. An accessible version of the Death Penalty Worldwide Database will be available from February. A/HRC/15/15, Jun. [18] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. Kuwait Penal Code, art. al., Criminal Law in Islam and the Muslim World: A Comparative Perspective, p. 85-88, Institute of Objective Studies, 1st. The following offenders shall not be subject to Capital Punishment if found guilty of a Capital offense: 41-44, 46, 56, 63, Decree No. We found a report that the Emir has granted clemency to a condemned individual, indicating that upon a settlement with the victim’s family, he might further reduce the penalty. 12, 2018. [26] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. [3] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, May 7, 2010; Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. [40] Kuwait Code of Criminal Procedure, art. Article 177 guarantees the continuance of treaties entered into prior to 1962; the Constitution does not otherwise reference international law. 16 of 1960; Kuwait Code of Criminal Procedure, art. A/62/PV.76, Dec. 18, 2007. [8] Anyone who uses explosives with the goal of killing, spreading fear or destroying certain sites “shall be punished by death.” Buildings or utilities belonging to the government or to groups in which there is government ownership or a public interest, places of worship, areas where masses of people have gathered, or residential buildings are among those sites covered by the law. [9] Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010; Amnesty Intl., Further Information, MDE 17/002/2007, Dec. 10, 2007; Amnesty Intl., Further Information, MDE 17/001/2009, Jun. 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