death penalty in kuwait

218, No. of State, 2009 Human Rights Report: Kuwait, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. 50, Law No. 149(2)(1)-151, Law No. Enemy soldiers can be punished by death for operating in disguise or violating international law. 170-171, Law No. [16] Kuwait Act No. [1] Kuwait Constitution, art. Executions in Saudi Arabia were also "significantly higher" in 2015 and 2016, according to death penalty campaign group Reprieve. [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. At the end of 2019, 106 countries (a majority of the world’s states) had abolished the death penalty in law for all crimes, and 142 countries (more than two-thirds) had abolished the death penalty in law or practice. [2]. [5]. 17 of 1960; Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. [16] U.S. Dept. 20, Law No. 16 of 1960. Dolma Sherpa Fund collection campaign Australia . [4] Kuwait Act Amending Provisions of the Penal Code, art. [8] Kuwait Penal Code, arts. The years immediately prior to 2007 had seen an upsurge in executions, a significant portion of which were executions of foreigners for drug trafficking offenses. [12] 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. 7, 2014. A/63/716, Feb. 12, 2009. FIVE MEN EXECUTED FOR MURDER, DRUG SMUGGLING, RAPE. 217, No. 15, 2008. A/65/PV.71, Dec. 21, 2010. Mentally Ill.Proceedings may be suspended for individuals who are mentally unfit to stand trial. [23] Since a large number of Filipinos work in Kuwait, the Embassy has made this information available on its website. Chart and table of the Kuwait death rate from 1950 to 2021. Kuwaiti law also carries the death penalty for nonviolent crimes, including drug-related offenses such as smuggling. A court may find that a defendant has diminished responsibility due to mental illness at the time of the offense, or may acquit the defendant. Filipino household worker Jakatia Pawa was one of around 20 people on death row in Kuwait, according to the Cornell University Law School's Center on Death Penalty Worldwide. [9], Terrorism-Related Offenses Not Resulting in Death.Anyone who uses or plans to use 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. Once this occurs, an execution order is issued by the Chief Justice, specifying the date, time, place and method (usually hanging) of the execution, of which is given to the Prosecutor. A/69/PV.73, Dec. 18, 2014. 252, Law No. CCPR/CO/69/KWT, Jul. 16 of 1960. 218, No. [7] Status, Declarations, and Reservations, Second Optional Prot. 17 of 1960. 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. 59, Law No. 4, No. 3, Nov. 20, 1989, http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11&chapter=4&lang=en, last accessed Feb. 16, 2011. The death penalty is enforced rarely, however, with the last execution occurring in 2017. [16] Kuwait Act Amending Provisions of the Penal Code, art. [28] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. [1] U.S. Dept. [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. 11, 2017. Death penalty Kuwaiti lawmakers called for the capital punishment for the defendants, Gulf News reported. [38] Also, Kuwait has acceded to the Arab Charter on Human Rights, which prohibits the execution of nursing mothers. [1], Members of the Human Rights Council pursuant to Universal Periodic Review of human rights in Kuwait made observations and recommendations: Kuwait supported the recommendation that it meet minimum standards in the application of the death penalty, particularly regarding restriction of the death penalty to the most serious crimes; Kuwait did not support recommendations that it establish a moratorium on the death penalty, prolong a moratorium on executions or consider abolishing the death penalty de jure. Pregnant Women.A pregnant woman who gives birth to a live child will have her death sentence commuted to life imprisonment. [37] This could be the result of a related law prohibiting the death penalty for a pregnant woman who gives birth to a live child. [16]. Tel 020 7553 8140 [14] Amnesty Intl., Death Sentences and Executions in 2017, p. 32, ACT 50/7955/2018, Apr. After a de facto moratorium on the death penalty since 2007, Kuwaiti authorities executed five people in 2013. 17 of 1960. 16-17, U.N. Doc. [2] Kuwait Constitution, art. 135, U.N. Doc. [6] Kuwait Penal Code, art. Besides Kuwait, other countries which resumed executions last year … [10] Kuwait Law Regarding Explosives Offenses, art. of State, 2009 Human Rights Report: Kuwait, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. 211, Law No. A/71/484/Add.2, Dec. 6, 2016. [11], Yes. She was convicted of the murder by arson of 57 women and children who were in a tent, set up to celebrate a wedding in Jahra. 59, Law No. 180, Law No. [3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 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. However, Kuwait pronounces death sentences upon female migrant domestic workers with some regularity, often amid claims that they had been abused by their victims. 16 of 1960. Kuwaiti Ministry of Justice and Interior officials identified three of the men as Kuwaitis and two as foreign nationals. 11, 2010. A/71/1047, Sep. 13, 2017. [26] Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. A/HRC/15/15, Jun. [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. [25] Tahir Mahmood, et. The last recorded case of the death penalty being carried out in Kuwait was six years ago when a Pakistani man was executed for drug trafficking, … [12] Kuwait Organic Law of the Constitutional Court, art. However, some decisions by Kuwaiti courts (not necessarily on the death penalty) are published in the official Gazette. [25], Terrorism-Related Offenses Resulting in Death.Terrorist attacks using explosives and resulting in death carry the mandatory death penalty. [40] Kuwait Code of Criminal Procedure, art. 17 of 1960. [17] Kuwait Law on Military Trials and Sanctions, arts. The court upheld the verdicts issued by the Court of First Instance and the Court of Appeals which had sentenced him to death by hanging, … 16, 2010 [6] Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. 11, 2010. 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. 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. to the ICCPR, 999 U.N.T.S. 1, No. 3, GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010 [7] Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. [14] Kuwait Act Concerning the Fight Against Drugs and Regulating Use and Trafficking, arts. 2, 2013. [11] Capital Punishment U.K., Capital Punishment in Kuwait 1964 to 2010, http://www.capitalpunishmentuk.org/kuwait.html, last accessed Feb. 22, 2011. Reprieve A/73/PV.55, Dec. 17, 2018. 16, 2010. 3(6), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. [2], Yes. 141, 144, U.N. Doc. By. 12, 2018. Death Penalty in Kuwait Enter your search terms Submit search form: Friday, February 29, 2008. 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. [1], No. After a person is sentenced to death in a Kuwaiti court, their case is automatically reviewed by the Court of Appeal, of whom take into consideration the crime, evidence reviewed by the court, the previous convictions of defendant and other factors. 3-4, U.N. Doc. 16 of 1960. 20, Law No. [18] However, Kuwait’s anti-terrorism law prohibits application of mitigation for terrorism resulting in death. 17 of 1960. 16-17, U.N. Doc. Kuwait … [16]. [8] 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. [31] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. [28] Since a large number of Filipinos work in Kuwait, the Embassy has made this information available on its website. A/HRC/15/15, Jun. It is going to be a great deal of distrust in the Government who is focusing on Blasphemy and its punishment to lure the public from the socio-economic reforms the people are crying for. [28] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. “There are around 48 people sentenced to the death penalty in Kuwait who have used up all their recourses. 17 of 1960. [30] Tahir Mahmood, et. 11, 2010. A/73/1004, Sep. 16, 2019. [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. Results of the autopsy made by the Kuwaiti Ministry of Health showed that the victim died after multiple organ failure following severe beating. [9] Amnesty Intl., Death Sentences and Executions in 2016, p. 30, ACT 50/5740/2017, Apr. 27, 2012. 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. [9], Serious criminal cases are submitted to a higher court for automatic review. [3] Kuwait Penal Code, arts. [19] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. Fax 020 7553 8189 35 of 1985 [20] Patrick Gallahue & Rick Lines, The Death Penalty for Drug Offenses: Global Overview 2010, p. 16-17, Intl. Capital cases involving terrorism-related offenses [14] that, prior to 1995, fell under the jurisdiction of the State Security Courts (which have now been abolished), [15] are now tried in ordinary criminal courts; they are reviewed by a cassation court but not by the Court of Appeal. 55 of 1995 Abolishing the Court of State Security; Encyclopedia of the Nations, Kuwait: Judicial System, http://www.nationsencyclopedia.com/Asia-and-Oceania/Kuwait-JUDICIAL-SYSTEM.html, last accessed Feb. 22, 2011. 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. Mentally ill persons are excluded from this list because they cannot be held responsible for criminal charges under Kuwaiti law in any instance. 11, 2017. [30] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. [7] Kuwait Decree on the Control of Psychotropic Substances and Regulation of Use and Trafficking, art. Approximately 54. 16 of 1960. “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. [29] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, pp. [35] Kuwait has acceded to the Arab Charter on Human Rights, which also prohibits the execution of pregnant women. [6], We did not find an online database of judicial decisions. [15] Kuwait Act No. 53, No. 1, No. 118, No. [3] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, paras. [7] Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. 26, 2014. 31 of 1970. 3, GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010 [8] Kuwait Penal Code, art. [6], Yes. PO Box 72054 http://www.reprieve.org.uk. [22] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. 7, 2014. 41-44, 46, 56, 63, Decree No. [21] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16 of 1960; Kuwait Code of Criminal Procedure, art. 31, 31(2), 32(2), Law No. [5] Kuwait Penal Code, art. [23] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 14 of 1973; Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. 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. 16 of 1960; Kuwait Code of Criminal Procedure, art. [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. al., Criminal Law in Islam and the Muslim World: A Comparative Perspective, p. 85-88, Institute of Objective Studies, 1st. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, [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. [4] Amnesty Intl., Death Sentences and Executions in 2018, p. 31, ACT 50/9870/2019, Apr. Pregnant Women. [37] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, para. The general legal resource of the Gulf Corporation Council (http://www.gcc-legal.org/MojPortalPublic/Home.aspx) has been helpful in researching the laws of its Members. 16 of 1960. [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. [29] Embassy of the Philippines to Kuwait, Penal Law Issues and Punishments, http://www.philembassykuwait.gov.kw/sharia_penallaw.html, last accessed Feb. 22, 2011. [5] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, paras. 10, 2019. KUWAIT. Harm Reduction Assn., 2010; Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 279 fn. 10, 2019. [12] The law indicates that bar association attorneys are required to represent indigent individuals by order of the court and that the court may determine their state-funded compensation and fine attorneys who do not comply. Thus, for most offenses, the death penalty is not mandatory in Kuwait. A/62/PV.76, Dec. 18, 2007. 16 of 1960. 50, Law No. 16 of 1960. Reports indicate that Kuwaiti courts, in exercising discretion, can be influenced by a payment of blood money compensation to a victim’s family, [22] but the law does not state that courts cannot exercise discretion if there is no such settlement. In an update, Ambassador Musaed Saleh Ahmad Althwaikh, Kuwait’s envoy to Manila, shared that the police officer who allegedly raped the Filipina maid who had just arrived in the Gulf state could face death penalty under Kuwaiti laws, as shared in a report by MSN News. [11] Amnesty Intl., Death Sentences and Executions in 2017, p. 32, ACT 50/7955/2018, Apr. 136 of 1992; Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. United Kingdom United Nations projections are also included through the year 2100. Since 2002, executions have occurred at Nayef Palace, but not in public as was the case before. 30, 2010. [38] Kuwait Penal Code, art. 26, 2009. [33] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. However, sanitation and lack of sufficient medical staff are problems, as reported by NGOs visiting prison facilities. 3(3), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. [36] U.N.D.P., Arab Human Rights Index Country Profiles: Kuwait, http://www.arabhumanrights.org/en/countries/country.aspx?cid=8, last accessed Feb. 16, 2011. Under Article 83 of the Penal Code, if the circumstances of the crime or facts about the offender (such as his past, character or age) call for leniency, an individual may be sentenced to a term of years; the law does not restrict the application of this discretion. [7] Amnesty Intl., Death Sentences and Executions in 2018, p. 37, ACT 50/9870/2019, Apr. Shooting.Execution by shooting is by firing squad. 74 of 1983. 11, 2010. The press have been reported to publish images of the dead bodies in newspapers to serve as a deterrent against crime. 17 of 1960. 11, 2010. These were the first executions that have been carried out in Kuwait since 2013, when Kuwaiti authorities executed five prisoners. Kuwait has executed a total of 69 men and three foreign women since it introduced the death penalty in mid-1960. 42 of 1964. 75(1), Nov. 11, 1962, translated by: International Constitutional Law. Torture of an accused, a witness or expert, by a public servant and resulting in death, “shall be” punished by death. [11] U.N.G.A. [19] Some sources list the death penalty as mandatory for drug trafficking, [20] but we did not find a similar provision in the drug laws excluding the consideration of mitigating circumstances. 11, 2017. [14] The law indicates that bar association attorneys are required to represent indigent individuals by order of the court and that the court may determine their state-funded compensation; our reading of the law is that this might continue until judgment is final. May 2, 2006: Kuwait carried out the executions of five men convicted of murder and drug smuggling. 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. 31(2), Nov. 11, 1962, translated by: International Constitutional Law. The Criminal Court presided by judge Mohammad Al-Mutairi has sentenced a US citizen to capital punishment for smuggling cocaine into Kuwait for the purpose of trafficking, reports Al- Jarida daily. Defendants or their counsel are able to access the evidence against them in preparation for trial. 11, 2011. The last execution in the Caribbean, and the last in the Americas outside the United States, was in Saint Kitts and Nevisin 2008. 11, No. Sources report multiple foreign nationals under sentence of death in Kuwait. [6] Status, Declarations, and Reservations, Second Optional Prot. The death penalty in Kuwait is carried out by hanging, and to be implemented it requires the approval of the Gulf state's ruler. 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. [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. 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