death penalty in kuwait

[5], We did not find any published cases concerning the death penalty; however, they may exist in the official Gazette. Kuwait has executed a total of 69 men and three foreign women since it introduced the death penalty in mid-1960. [12] 59, Law No. 39, 80(18), U.N. Doc. 11, 2010. [4] Status, Declarations, and Reservations, Optional Prot. A/67/PV.60, Dec. 20, 2012. [10] Kuwait Law Regarding Explosives Offenses, art. [1] U.S. Dept. [11] U.N.G.A. 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. 50, Law No. 170-171, 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. [10] 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. [25] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. The press and public are allowed to view the dangling bodies after the execution. The press have been reported to publish images of the dead bodies in newspapers to serve as a deterrent against crime. Pregnant Women.A pregnant woman who gives birth to a live child will have her death sentence commuted to life imprisonment. [35] Kuwait has acceded to the Arab Charter on Human Rights, which also prohibits the execution of pregnant women. 3(6), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, 31 of 1970. [20] DPW Executions and Death Sentences Monitor. 28, 2011. 24, 2009. [6], Yes. [7] We found no further information on her status. 16, 2010. [12] Kuwait Organic Law of the Constitutional Court, art. 74 of 1983. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Sep. 20, 2010. [31]. 59, Law No. [40] Kuwait Code of Criminal Procedure, art. The bodies of the men were then put on public display from the gallows. Fax 020 7553 8189 3-4, U.N. Doc. 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. [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. Shooting.Execution by shooting is by firing squad. [email protected] 217, No. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. KUWAIT. 35 of 1985. 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. 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. [11] Capital Punishment U.K., Capital Punishment in Kuwait 1964 to 2010, http://www.capitalpunishmentuk.org/kuwait.html, last accessed Feb. 22, 2011. Amnesty Intl., Kuwait: Deplorable resumption of executions, http://www.amnesty.org/en/news/kuwait-deplorable-resumption-executions-2013-04-02, Apr. [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. [27] Amnesty Intl., Death Sentences and Executions in 2008, p. 8, ACT 50/003/2009, Mar. [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 of 1960. 16 of 1960; Kuwait Code of Criminal Procedure, art. FIVE MEN EXECUTED FOR MURDER, DRUG SMUGGLING, RAPE. [4] Kuwait Act Amending Provisions of the Penal Code, art. 53, No. [15] Kuwait Act Regulating the Legal Profession, arts. 50, Law No. [16] Kuwait Act Amending Provisions of the Penal Code, art. [10] Amnesty Intl., Death Sentences and Executions in 2018, p. 37, ACT 50/9870/2019, Apr. A/62/PV.76, Dec. 18, 2007. Article 20 of the Penal Code prohibits the death penalty for crimes committed while under the age of 18. 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. [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. [22] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. 11, 2010. 16 of 1960. [4] Giving false witness, resulting in execution, is punishable by death or life imprisonment. 17 of 1960. 1, No. 11, 2017. A/HRC/15/15, Jun. [13] U.N.G.A., Note Verbale dated 13 September 2019, U.N. Doc. 75(1), Nov. 11, 1962, translated by: International Constitutional Law. [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. The death penalty is enforced rarely, however, with the last execution occurring in 2017. [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. [9] Kuwait Penal Code, art. [37] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, para. [17], Yes. 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. [6] Mark Joseph H. Ubalde, Pinoy on Death Row in Kuwait Gets Pardon from Victim’s Family, GMA News, http://www9.gmanews.tv/story/162122/pinoy-on-death-row-in-kuwait-gets-pardon-from-murder-victims-family, May 20, 2009. [12] U.S. Dept. The choice to resume executions marks wanton disregard for the right to life and signals a willingness to weaken human rights standards. Bahrain, Jordan, Kuwait and the United Arab Emirates took up executions again in 2017. [13] A/62/439/Add.2, Dec. 5, 2007. A/73/1004, Sep. 16, 2019. Kuwaiti law also carries the death penalty for nonviolent crimes, including drug-related offenses such as smuggling. [4] Capital Punishment U.K., Capital Punishment in Kuwait 1964 to 2010, http://www.capitalpunishmentuk.org/kuwait.html, last accessed Feb. 22, 2011. [30] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. Categories of Offenders Excluded From the Death Penalty: Individuals Below Age 18 At Time of Crime. [8] Kuwait Penal Code, arts. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. Migrants are housed in the separate Talha Deportation Center, which reportedly provides adequate nutrition and medical services. of State, 2009 Human Rights Report: Kuwait, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. [15] Kuwait Act No. 136 of 1992. 10, 2019. 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. The following crimes may be punished with death under Kuwaiti civilian law: premeditated murder, terrorism resulting in death (mandatory), perjury resulting in an innocent execution, destroying buildings belonging to the government or those known to be inhabited, rape, kidnapping, drug trafficking, and espionage. In the Caribbeancountries, the death penalty exists at least de jure, except in the Dominican Republic and Haiti, which abolished it in 1969 and 1987, respectively. 218, No. On January 25, 2010 Amnesty International issued an urgent action request for letters appealing for clemency on behalf of a Filipina maid whose death sentence was confirmed by the Court of Cassation on January 19, 2010. [10] Historically, most executions in Kuwait are of foreigners. [32] 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. 59, Law No. Villavende was killed by her female employer in Kuwait due to jealousy on December 28, 2019. to the ICCPR, 999 U.N.T.S. United Kingdom [3] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, paras. [14] Kuwait Law Regarding Explosives Offenses, arts. Among the supreme court's main verdicts today, the court upheld the commuting of the death sentence for the alleged IS leader in … 149(2)(1)-151, Law No. [12] Kuwait Penal Code, arts. [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. 54-71 U.N. Doc. 17 of 1960. [5] Kuwait Penal Code, art. 11, 2010. 48 of 1987; Kuwait Act Concerning the Fight Against Drugs and Regulating Use and Trafficking, art. Tel 020 7553 8140 However, sanitation and lack of sufficient medical staff are problems, as reported by NGOs visiting prison facilities. [30] Tahir Mahmood, et. Chart and table of the Kuwait death rate from 1950 to 2021. (This question was last updated on May 30, 2019.). However, some decisions by Kuwaiti courts (not necessarily on the death penalty) are published in the official Gazette. An accessible version of the Death Penalty Worldwide Database will be available from February. 31, 2015. A/71/1047, Sep. 13, 2017. A/69/488/Add.2, Dec. 8, 2014. [31] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. 11, 2017. 18-19, U.N. Doc. Pregnant Women. 18, 2013. 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. The convict is expected to appeal the verdict which may be upheld or commuted to life imprisonment. A/71/484/Add.2, Dec. 6, 2016. 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. 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. 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. to the ICCPR, 999 U.N.T.S. “There are around 48 people sentenced to the death penalty in Kuwait who have used up all their recourses. 73rd session, 55th plenary meeting, p. 31, U.N. Doc. [2] U.S. Dept. 16 of 1960; Kuwait Code of Criminal Procedure, art. 15, 2008. [10] 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. Kuwait’s Constitution provides that “[no] person shall be subjected to torture or to degrading treatment,” but does not specifically address capital punishment or a right to life. [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. [34] Status, Declarations, and Reservations, ICCPR, 1577 U.N.T.S. 50, Law No. A/63/716, Feb. 12, 2009. Also, “authorities reportedly mistreated prisoners and failed to prevent inmate-on-inmate violence.” Prisons are slightly over capacity. [11] Kuwait Code of Criminal Procedure, art. 12, 2018. Robinson Niñal Jr., Presidential Photo MANILA- President Rodrigo Duterte said Monday he would ask for the death penalty for those behind the killing of a Filipino migrant worker in Kuwait. They are now on death row, but we are waiting for the endorsement of the Emir,” he said. A/65/456/Add.2, Dec. 8, 2010. [10] U.S. Dept. “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. [35] Kuwait Penal Code, art. Mentally ill persons are excluded from this list because they cannot be held responsible for criminal charges under Kuwaiti law in any instance. 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. 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. 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. 27, 2000. 3, GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010 [7] Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. Some sources list the death penalty as mandatory for drug trafficking, [21] but—in contrast to the anti-terrorism law—we did not find a provision in the drug laws excluding the consideration of mitigating circumstances. [7] Kuwait Decree on the Control of Psychotropic Substances and Regulation of Use and Trafficking, art. A/67/457/Add.2, Dec. 8, 2012. of State, Background Note: Kuwait, http://www.state.gov/r/pa/ei/bgn/35876.htm, May 4, 2010. 211, Law No. [19] Kuwait Law Regarding Explosives Offenses, arts. 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. PO Box 72054 [7] Amnesty Intl., Death Sentences and Executions in 2018, p. 37, ACT 50/9870/2019, Apr. [13] Kuwait Act Regulating the Legal Profession, arts. 58, Law No. [8]. [11] A capital defendant might be permitted to petition the Constitutional Court to resolve a question of constitutional law involved in the defendant’s case, or to ask for a review of the earnestness of his defense. of State, 2009 Human Rights Report: Kuwait, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. We do not know whether an intermediate Court of Appeal hears a capital case before it proceeds to cassation review by the Supreme Court. 16 of 1960. A/62/658, Feb. 2, 2008. [16]. 217, No. 15, 2008. 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. 141, 144, U.N. Doc. 7, Oxford University Press, 2008. [2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. ST/ESA/STAT/SER.R/29, 2000. 16 of 1960. [18] However, Kuwait’s anti-terrorism law prohibits application of mitigation for terrorism resulting in death. 26-27, 32, No. [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. These were the first executions that have been carried out in Kuwait since 2013, when Kuwaiti authorities executed five prisoners. 31, 31(2), 32(2), Law No. A/63/PV.70, Dec. 18, 2008. [5]. 11, 2011. [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. Aggravated Murder.Intentional murder by laying in wait, or planned murder is punished by death. [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. [5] Amnesty Intl., Death Sentences and Executions in 2017, p. 30, ACT 50/7955/2018, Apr. [39]. 118, No. 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. 20, Law No. Kuwait: Death penalty 18 June 1997, Index number: MDE 17/003/1997 Hassan Mohamed Helal, Hamdi Abdel Azim Khalil, Egyptian nationals: Amnesty International has received reports that a court of appeal in Kuwait has confirmed the death sentences handed down to two Egyptian nationals convicted of pre-meditated murder. [6] Amnesty Intl., Death Sentences and Executions in 2016, p. 30, ACT 50/5740/2017, Apr. Kuwait Penal Code, art. [16] DPW Executions and Death Sentences Monitor. [2]. 217, No. 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, 2010. [16] Kuwait Act No. 3(3), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. 35 of 1985. Amnesty Intl., Executions in Kuwait a ‘setback for justice,’ http://www.amnesty.org/en/for-media/press-releases/executions-kuwait-setback-justice-2013-06-18, Jun. [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. Most of those condemned have been convicted murderers or drug traffickers. [13] Kuwait Law on Military Trials and Sanctions, art. The U.S. Department of State reports that conditions in general have improved for inmates due to the construction of new prisons in 2006. [14] Amnesty Intl., Death Sentences and Executions in 2017, p. 32, ACT 50/7955/2018, Apr. [5] Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. 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. [8] Amnesty Intl., Death Sentences and Executions in 2017, p. 32, ACT 50/7955/2018, Apr. 42 of 1964. [18] Kuwait Penal Code, art. 31(2), Nov. 11, 1962, translated by: International Constitutional Law. In Kuwait death penalty is carried out by hanging. Kuwait reports that its courts have restricted application of the death penalty to the most serious crimes, [3] but its last execution (in 2007) was for drug trafficking. Sanitation and lack of sufficient medical staff are problems, as of 2019. ) Abolition of the practiced. 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