COMMITTEE AGAINST TORTURE CONSIDERS REPORT OF KUWAIT

The Committee against Torture this afternoon concluded its consideration of the third periodic report of Kuwait on the measures taken to implement the provisions of the Convention against Torture.

Presenting the report, Jamal Alghunaim, Permanent Representative of Kuwait to the United Nations Office at Geneva, stated that Kuwait’s accession to the Convention in 1997 had affirmed the State’s interest in the prohibition and prevention of torture. The Convention was reflected in Kuwait’s national legislation, and the definition of torture was consistent with that in Article 1 of the Convention. Some domestic legislation provisions had also been accordingly amended, and a series of measures had been undertaken to publicize the Convention. Cameras had been installed in all places of detention, and there had also been an increase in training for judges and any professionals working in the field of human rights. A number of measures were in place to provide for investigations into allegations of torture. Kuwait was a very open society with a diverse culture, with more than 100 different nationalities living there. The authorities intended to maintain their efforts in combatting terrorism, with the view of fully respecting all the international instruments to which Kuwait was a party.

In the ensuing discussion, Committee Experts asked about the application of the Istanbul Protocol and the independence of medical professionals working in Kuwaiti prisons. They wanted to know how many cases of torture had been prosecuted in courts, and what the outcomes were. A question was raised on Kuwait’s reservation to Article 20 of the Convention, and the delegation was asked to clarify. Experts wanted to hear about the treatment of migrants, domestic workers, refugees, stateless persons and those awaiting deportation, and particularly about conditions in the Talha Detention Centre. Other questions related to the independence and the authority of the national human rights institution, efforts to combat trafficking in human beings, ensuring that human rights were respected in the course of anti-terrorist activities, unannounced visits to prisons, the treatment of female and juvenile prisoners, long-term shackling in prisons and the application of the death penalty. Experts also raised the issues of the isolation of prisoners in very small cells, and the status of the Bedoons.

Mr. Alghunaim, in concluding remarks, said that questions raised by Experts demonstrated their genuine desire to learn of Kuwait’s efforts to promote the Convention. The Government was committed to implementing the provisions of the Convention. Promoting human rights was one of the pillars of democracy, and Kuwait was ready to continue doing so in various fields.

The delegation of Kuwait included representatives of the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of Education, the Ministry of Justice, the Ministry of Social Affairs and Labour, the Committee on Women’s Affairs, the Central Bureau for Illegal Residents, the Public Authority for Manpower, and the Permanent Mission of Kuwait to the United Nations Office at Geneva.

The Committee will next meet in public at 10 a.m. on Wednesday, 27 July, to start considering the second periodic report of Honduras (CAT/C/HND/2).

Report

The third periodic report of Kuwait (CAT/C/KWT/3) can be read here.

Presentation of the Report

JAMAL ALGHUNAIM, Permanent Representative of Kuwait to the United Nations Office at Geneva, stated that Kuwait’s accession to the Convention in 1997 had affirmed the State’s interest in the prohibition and prevention of torture. The Convention was reflected in Kuwait’s national legislation, and the definition of torture was consistent with that in Article 1 of the Convention. Some domestic legislation provisions had also been accordingly amended, and a series of measures had been undertaken to publicize the Convention. An institution had been established to combat corruption in the context of the protection of human rights. A national labour institution and a national human rights institution had also been formed. Mr. Alghunaim added that an office for human rights had been established in the Ministry of Foreign Affairs, and it acted as a bridge between international organizations and the State administration. A family court had also been put in place, while another act guaranteed psychological and medical care for mental health patients. An act had been enacted providing individuals with the right to appeal to the Constitutional Court, which could quash any unconstitutional acts.

A national strategy had been put in place to combat trafficking in human beings. Cameras had been installed in all places of detention, and there had also been an increase in training for judges and any professionals working in the field of human rights. A number of measures were in place to provide for investigations into allegations of torture. A free-of-charge hotline was operational, at which trafficking of persons could be reported. In order to promote the rights of detainees, a number of criminal provisions had been amended. Those accused had to be granted legal defence, which was guaranteed by law, and were provided with a lawyer at no cost if they could not afford one. Prisons in Kuwait allowed for visits by the Red Cross, which could freely oversee conditions in the detention facilities. A number of civil society organizations from the West were also invited to visit Kuwait; Human Rights Watch, for example, visited Kuwait on an annual basis. In 2016, Amnesty International had submitted a report on the situation of human rights in Kuwait, which had been presented at a well-attended press conference.

Kuwait was a very open society with a diverse culture, with more than 100 different nationalities living there. Life in Kuwait was comfortable; the country respected the rule of law, which benefited all. Consistent efforts had been made to replace the kafala system, in conjunction with the International Labour Organization. Privileges of employers vis-à-vis their employees had been reviewed. Kuwait was among the countries which attracted labour, and 2016 legislation strove to combat trafficking in migrants. Kuwait worked to bolster and promote human rights values through school curricula, training courses and workshops, all with the view of raising awareness. A number of judges had received tailored training on human rights, including in Geneva. Mr. Alghunaim stressed that the great majority of the recommendations given to Kuwait under the second cycle of the Universal Periodic Review had been adopted. The overall raising of awareness on human rights in the country was being carried out.

Disturbing events taking place in the countries of the region had not prevented – and would not prevent – Kuwait from promoting and protecting human rights, which was a strategic choice by the Government. The value of combatting terrorism was something Kuwaiti people were very much aware of. The authorities intended to maintain their efforts, with the view of fully respecting all the international instruments to which Kuwait was a party.

Questions by Experts

ALESSIO BRUNI, Committee Member and Co-Rapporteur for Kuwait, asked for a clarification of the State party’s position on its reservation to the inquiry procedure provided for by Article 20 of the Convention. The Committee had recommended that the crime of torture should be incorporated into the penal domestic law, ensuring that all elements contained in Article 1 were included. Was that indeed the case, asked Mr. Bruni. Penalties for torture ought to take into consideration the grave nature of the crime of torture.

Acknowledging that Kuwait was in a region where armed conflict and terrorist acts occurred frequently, the Expert asked about measures in place to ensure that no exceptional circumstances could be invoked as a justification of torture. Which measures provided that a superior order could never be invoked as a justification of torture and did not exempt those involved in torture from their criminal responsibility?

What follow-up was given to medical certificates or reporting indicating that injuries found on the body of a prisoner were compatible with ill-treatment or torture? A question was also asked if medical or other personnel reporting on torture were protected against possible retaliation by security officials. Were medical personnel familiar with the 2004 Istanbul Protocol?

The issue of sexual harassment and assault of female prisoners was brought up, and the delegation was asked to provide clarification.

The Expert inquired about the degree of independence and power of the national human rights institution, which reportedly operated under the supervision of the executive.

Concern was expressed that Kuwait had carried out several executions in 2013, ending the de facto moratorium on executions in force since 2007. What were the conditions that death row prisoners were held in? Information was also requested about the minimum age at which a death penalty could be applied.

The delegation was asked to comment on the conditions at the Talha Centre for Deportation, where prisoners reportedly stayed for months and even years. Did isolation prison cells used for punishment exist in Talha? Police stations and places of detention were reported to be crowded and poorly ventilated.

Could national and international human rights organizations make unannounced visits to places of detention? Why was the penitentiary system not under the authority of the Ministry of Justice?

Mr. Bruni asked whether any so-called sponsors of migrant workers and employers involved in trafficking offences been prosecuted. If so, what had been the penalties?

A question was asked about whether a judicial or other authority in Kuwait was specifically empowered to decide that a person would be at risk of being tortured if deported and, thus, should not be removed. Concern was expressed over the existence of administrative deportation, ordered by the Minister of the Interior without judicial supervision.

How were Syrian nationals fleeing from war treated in Kuwait when they did not have a valid Kuwaiti residence permit? Were they kept in detention without any procedural safeguards? Was Kuwait considering accession to the 1951 Refugee Convention and its 1967 Protocol?

The Expert asked whether torture was included as an extraditable offence in any extradition treaty between Kuwait and other States parties to the Convention.

ABDELWAHAB HANI, Committee Member and Co-Rapporteur for Kuwait, asked about particular measures undertaken by the State party to further train and educate staff in detention facilities, especially on the absolute ban on torture. Was training provided only for Kuwaiti nationals, or could expatriates also be included? Were there plans to include specific trainings on the Istanbul Protocol?

Non-governmental sources had expressed their worry over possible amendments cancelling existing guarantees for the period of detention. Such amendments would encourage more torture.

More information was asked about the alleged pressure placed on some lawyers dealing with cases of torture. The delegation was also requested to comment on the law providing that DNA prints be collected from all expatriates.

The Expert wanted to hear more about periodic contracts which were reportedly given to judges. Was the right to litigation really limited only to nationals and not available to foreigners?

In spite of the positive guarantees provided by the Detention Law, it was reported that the conditions in some detention centres were dismal, on which the delegation was asked to comment. What was being done to ensure that migrant children were not mixed with adults in such facilities?

The absence of a national authority which could pay unannounced visits to prisons was a matter of concern.

The number of death penalties was also worrisome, said the Expert. Death row inmates were not allowed to mix with other detainees, noted the Expert. Were families informed of places of burial of their loved ones?

The delegation was also requested to provide information on those kept in detention for extended periods of time. What was the role of the Interior Ministry’s Oversight Authority? Did the State party intend to truly give the national human rights institution independent powers that it needed for its work?

Turning to the issue of convictions for torture, Mr. Hani noted that they were for a relatively low number of cases and for short punishments.

With regard to enforced disappearances of Kuwaitis in Iraq during the 1990-1991 conflict, the delegation was asked to provide an update.

The issues of redress, compensation and rehabilitation for the victims of torture were also brought up by the Expert, who asked for further details. Cases of a woman who had miscarried because of alleged torture and of an arrested blogger who claimed to have been tortured were also brought up. Countries of the region provided very symbolic support to the Fund for the Rehabilitation of the Victims of Torture.

Allowing organizations which monitored human rights breaches to visit Kuwaiti prisons was of paramount importance, stressed the Expert.

Information was asked about the independence of medical professionals who might witness the results of acts of torture. How about the protection of domestic workers, and their awareness of their rights? They sometimes seemed to be deprived of their rights and even the ability to call others.

Regarding the situation of stateless persons, mostly Bedoons, a question was asked about providing decent living and basic rights to that subgroup. What was the plan to limit and decrease the number of stateless people? What was the percentage of Syrian and Palestinian refugees in Kuwait?
Prison authorities had reportedly not received any complaints regarding lesbian, gay, bisexual and transgender prisoners, but what was being done to ensure that they were not exposed to sexual attacks and harassment?

A question was also asked about steps taken by the State to prevent corporal punishment. Hands could be shackled for up to one month, noted the Expert with concern, and asked what the State was planning to do in that regard.

Another Expert asked if there had been any executions in 2015 and 2016, as there were reports of Egyptian nationals being executed and others being convicted. Perpetrators of rape could reportedly be convicted to death. If an employer raped his employee, what would happen to him or her?

If a husband found his wife committing adultery and killed her, there would be mitigating circumstances for the offender, but it did not apply the other way round, noted the Expert. Was that not discrimination, which was prohibited by the Koran?

The Expert stressed the need to treat stateless persons – Bedoons – fairly.

Kuwait had gone through some significant circumstances over the past 25 years, including the war in the early 1990s, noted an Expert. All reports drafted by non-governmental organizations agreed that the human rights situation had been deteriorating in the past several years. Torture and ill-treatment was unacceptable under any circumstances, he stressed.

Every national human rights institution ought to abide by the Paris Principles. More information was needed on the Kuwaiti institution, so that the Experts could have a full picture.

Kuwait was not party to the 1951 Refugee Convention and its 1967 Protocol. Several thousand people had asked for asylum or refugee status in recent years. What had prevented the Kuwaiti authorities from acceding to the two instruments? Given that the Kuwaiti demography was changing rapidly, it might be advisable for Kuwait to accede. The delegation was asked to comment on the alleged deportation of people for their ties with Hezbollah?

Another Expert raised the issue of the Criminal Law, which dated back to before the Convention had been adopted. He wanted to hear more details on the amendments of the law.

While granting the United Nations Refugee Agency access to the detention centres in Kuwait was welcome, would the State party consider acceding to the 1951 Convention? How about acceding to the 1954 Convention on the Status of Stateless Persons?

A question was also asked about why prisons were under the authority of the Ministry of the Interior and not the Ministry of Justice, as was the case in most countries.

How frequently had training courses for law enforcement officials been given in previous years?

Regarding the use of evidence obtained through torture, did the delegation have any updates to provide?

Another Expert noted that, while the presence of women in the delegation was welcome, their ranks were lower than those of male delegates.

She wanted to hear about the penalties which had been given for torture, and referred to a specific case, for which she asked for details.

Community policing was a positive development, which ought to be encouraged, noted the Expert. The delegation was asked to provide more information on how that approach had been developed and what its results were.

Was the crime of torture applicable to public officials, as no examples could be found on record? What did the term “abuse of power” refer to? Had any of the officials dismissed from office been sanctioned for torture?

Turning to gender-based violence, the Expert said that there had been very few complaints in the past two years. The official statistics were simply not credible, given the size of the population. The delegation was asked to clarify why so few complaints had been submitted, and what constituted “amicable resolution”? Information was also sought on domestic violence.

Could full information be provided on the number of visits to prisons by non-governmental organizations, which organizations those were and which prisons had been visited?

On the issue of trafficking, the Expert asked for details on the number of prosecutions, and whether they were connected to trafficking for sex or labour purposes. Were victims who fled abusive employers protected from prosecution? Had any Government officials been investigated under the anti-trafficking legislation, the Expert inquired.

A question was asked about the ill-treatment of workers from the Democratic People’s Republic of Korea in Kuwait. Were there indeed such Korean workers stationed there? If so, were any announced or unannounced visits conducted to their work sites?

The Committee had received information that one possible solution under discussion to address the issue of the Bedoon was to give them citizenship in the Comoros, which had reportedly offered to receive them in return for aid.

Another question was asked about the role of medical doctors on the identification of torture. The delegation was asked to provide information on the reporting line. Were medical doctors supervised by the Ministry of the Interior? Did the doctors report to the police, which, in turn, reported to competent authorities? There were reports that doctors were not allowed to report cases of potential torture, due to confidentiality issues. The independence of medical forensic doctors was of crucial importance.

Replies by the Delegation

The delegation said that the information related to the Bedoons and the Comoros was not true.

On the death penalty, it was explained that there had been only three cases since the moratorium concluded. One case referred to an Egyptian national who had committed very heinous crimes against children.

Kuwait was doing its best to upgrade and promote the values of human rights. Kuwait was located in a difficult environment, which needed to be taken into consideration.

Regarding legal guarantees for people in police custody, the delegation said that many laws tackled issues of torture and degrading treatment. The Criminal Code stipulated that a person in charge of a police station should keep record of all detentions – when the person was arrested, released, the reason of detention, etc. It was up to the investigator to go to the spot and start an investigation. Any prisoner had the right to file a complaint, and had the right to defend himself and seek testimony of other witnesses. An office for complaints was also in place for receiving complaints against any employees of the Ministry of the Interior. That office also followed all social media allegations related to behaviour of the Ministry of the Interior staff. Kuwait’s Bar Association also had a presence in prisons, which made it easier to receive complaints. Foreign Embassies could also visit prisons.

Any allegation of injury had to be followed by a medical report. If a prisoner was subject to injuries caused by law enforcement agents, he was referred to the relevant medical authorities, and an investigation should start accordingly. Medical staff were protected if they filed a report on torture; they were under the supervision of the Ministry of Health rather than the Ministry of the Interior. Health offices in prisons had been established more than four decades earlier.

The Ministry of the Interior had created an ad hoc committee and appointed female guards to female prisons, in order to take into account the specific needs of women.

The delegation explained that non-governmental organizations were allowed to visit prisons, in cooperation with the International Committee of the Red Cross (ICRC), the United Nations Refugee Agency, and others. The ICRC, for example, had undertaken 80 visits to places of detention and pre-deportation facilities since 2010. Unannounced visits by prosecutors and the human rights parliamentary committee also took place. In addition, some civil organizations were permanently present in detention centres.

Guantanamo prisoners had never been brought before Kuwaiti courts. Instead, a rehabilitation programme had been established for persons released from Guantanamo.

On the Talha Detention Centre, it was stressed that there was no overcrowding. A judicial committee had elaborated a series of safeguards against overcrowding. Guidelines were in place to help deal with persons awaiting deportation. The authorities were working on a new building in the centre. The situation of deportees was assessed before a final decision on their deportation was made. Some decisions to deport had been repealed purely on humanitarian grounds. None of the persons in deportation centres were entitled to receiving citizenship. The information on deporting individuals from Syria and Lebanon was false and baseless.

Great importance was given to the development of prison facilities, with the view of implementing minimum standards when it came to dealing with prisoners. Blueprints of new buildings had been already developed.

The delegation informed that the medical entity in prisons implemented the Istanbul Protocol. Medical professionals needed to report any suspected cases of ill-treatment or torture so that it could be properly investigated. Affiliating the forensic department to the judiciary might prevent some people from accessing judicial services, said a delegate.

Lesbian, gay, bisexual, transgender and intersex prisoners were kept away from other inmates in prisons. They were provided with psychological and behavioural treatment, should they so wish.

Bodies of deceased prisoners were handed over to their families.

Regarding shackling hands in prisons for excessive periods, a delegate explained that it was one of possible punishments in place for bad behaviour by prisoners. Alternative punishments were promoted instead. In order to modernize its prisons, Kuwait was planning to redraft the prisons laws from the 1960s. No organization visiting Kuwaiti prisons had made a complaint connected to shackling.

Thus far, there had been no overcrowding in Kuwaiti prisons, the capacity of which was 4,800 prisoners. Currently, some 4,000 people were deprived of liberty.

Training programmes were in place targeting law enforcement officials, stated the delegation.

On pre-trial detention, it was explained that an amendment to the law had led to a reduction of prison sentences. The time one could spend in custody was limited to 48 hours. There was an increasing tendency by criminals to use modern technologies to commit their crimes. Pre-trial detention was subject to judicial review.

Incoming domestic workers received information at airports on their rights in Arabic, English and Hindu. Domestic workers were provided with free legal aid. Overtime had to be compensated, and the worker could not work outside of the home if she did not agree to it. Domestic workers and their human rights needed to be protected.

With regard to the use of the Convention for judicial cooperation and extradition, a delegate confirmed that the Convention was indeed used for those purposes. Those accused had the right to receive legal aid and could contact their lawyers whenever they so wished. The lawyer could challenge the charges and assist the accused in replying to the questions. The investigator could also inform the lawyer in advance of any questions which might be put forward.

Sentences for terrorism ranged from financial fines to temporary imprisonment to capital punishment, explained the delegation. In a recent case, a number of the accused had been acquitted; after an appeal, in July 2016, the Court of Appeals had confirmed most sentences, while easing some sentences and acquitting some accused. The public prosecutor had allowed the accused to be visited by a forensic doctor; none of the accused reported having been subjected to torture, which had been confirmed by a medical professional. The interrogations had been photographed and taped. The case was being currently reviewed by the Court of Cassation, the highest court in the country.

Regarding the explosion in the Mosque of Imam Sadiq, the allegations that the accused had been tortured were groundless, said a delegate. Sentences handed down ranged from capital punishment to acquittal, which had nothing to do with the allegations of torture.

The delegation informed that criminal courts were allowed to exclude evidence if it was proven that it had been collected through torture.

The national law did not allow for the criminalization of human rights defenders. Prosecutions occurred on the basis of charges that were brought forward for breaking a law. At the same time, there was no alleviation of criminal responsibility for those carrying out human rights activities.

A law made it possible for officers to be prosecuted when any kind of mistreatment had taken place. A person who wished to submit a complaint without going through legal means could use administrative channels. The allegations of harassment of persons who had entered Kuwait illegally were groundless, stressed the delegation.

A delegate said that in Kuwait, demonstrations which turned unruly were broken apart in line with the law, without any excessive use of force. Courts had decided to release a number of persons who had been accused. There had been demonstrations which had not jeopardized public order and had proceeded normally.

The Domestic Workers Law ensured that domestic workers enjoyed a dignified life and had decent living conditions. Weekly periods of rest were mandatory. Domestic workers could use the direct telephone line 112 to submit their complaints.

The prohibition of torture was enshrined in the Constitution of Kuwait. Article 53 of the Criminal Code provided for sentences to any officials who resorted to torture. The definition of torture was in line with Article 1 of the Convention, after the laws from the 1960s had been amended.

Turning to trafficking in persons, the delegation explained that conventions ratified by Kuwait became a fully-fledged part of the country’s legal machinery. Thus, all institutions in Kuwait were bound to respect and apply the relevant instruments, including the 2013 law against trafficking. Prevention and protection were two important aspects of the law. Persons accused of trafficking were prosecuted expeditiously. Five cases of trafficking had been brought before Kuwaiti courts, and one individual had thus far been given a 15-year sentence. It was emphasized that the anti-trafficking law was vigorously applied.

The national human rights institution was not an administrative or governmental body. It was not a non-governmental organization either, but rather a standing body overseeing human rights and fundamental freedoms in the country. Members of the Institution were entitled to immunity.

Legislation provided for a number of safeguards when it came to capital punishment. It was not applied immediately after a court decision; a national specialized court needed to confirm the definitive judgment. The death sentence could be handed down and executed only for the most egregious crimes. Those with mental disabilities could not be executed; all accused could ask for a special pardon. The five recent cases of executions included four cases of premeditated murder and one case of abduction and rape of children.

A national committee comprised of eminent legal experts was tasked with reviewing national laws. Courts in Kuwait availed themselves of experienced foreign judges. Statistics were provided to the Committee with regard to the training of judges.

Turning to the issue of illegal residents, a delegate said that Kuwait had not ratified the two conventions on stateless persons and statelessness. A stateless person in Kuwait was considered to be a foreigner; such people were described as illegal residents. Entities in Kuwait were tasked with looking into that set of issues. It had been found out that a number of those presenting themselves as stateless were actually citizens of neighbouring countries. Provisions were in place for giving nationality to children born to Kuwaiti mothers.

The delegation informed that juveniles were separated from adult prisoners in Kuwaiti jails.

Numerous facilities had been provided for Palestinian nationals since the eruption of the Palestinian-Israeli conflict. A decision had been made to facilitate work solutions for Yemeni, Syrian and Somali refugees. Kuwait provided services to all Syrians; it was the biggest donor and the Emir of Kuwait was a known humanitarian leader. Training was provided for some of them, who in turn had improved employment opportunities. Efforts, in cooperation with the International Labour Organization and the International Organization for Migration, were also underway to modernize Kuwait’s employment structures.

Follow-up Questions

ALESSIO BRUNI, Committee Expert and Co-Rapporteur for Kuwait, reiterated his question on Article 20 of the Convention and asked for a clarification on Kuwait’s position.

Anti-terroristic activities, while perfectly legitimate, ought to take into consideration the relevant provisions of the Convention, stressed the Expert.

What was the degree of independence and authority of the national human rights institution?

More information was asked on administrative deportations as well as on the conditions in police stations.

Did punishment cells exist, and what was their size and the living conditions there?

What was the status of the definition of torture, as per Article 1, in Kuwait’s legal system?

ABDELWAHAB HANI, Committee Expert and Co-Rapporteur for Kuwait, asked about the Voluntary Fund for Victims of Torture, to which Arab countries did not contribute enough.

As for Guantanamo, a clarification was sought on whether Kuwait planned to assist those victims who had not been charged in either Kuwait or the United States. Had deadlines been set for the modernization of the Talha Centre. How could lengthy periods of custody there be avoided?

Regarding the Istanbul Protocol, did doctors have the right to resort directly to the justice system, asked the Expert.

Had measures been taken to avoid the mistreatment of domestic workers?

The State party should develop a torture prevention mechanism, said Mr. Hani.

Women should not be subject to death sentences should they choose to have an abortion, stressed the Expert.

Another Expert brought up the issue of the death penalty, and noted that there was a disparity between nationals and non-nationals when it came to the death penalty and rape.

Honour crimes should not be given mitigating circumstances, she stressed. The State had the monopoly on the death penalty and could not delegate that power to anyone else.

Clarification was asked on the number of visits to prisons by the International Committee of the Red Cross. The Expert also wanted to know more about the reasons behind the dismissal of several law enforcement officers.

Under the law, all workers were protected, noted the Expert. Were there any workers from the Democratic People’s Republic of Korea stationed in Kuwait, she asked. She also wanted to hear how come very few cases of domestic violence had been reported in recent years.

Replies by the Delegation

The delegation said that Kuwait guaranteed the protection of human rights defenders. If an individual, whoever they might be, committed a crime, obstructed a police station or infringed on others’ rights, they could not use the fact they were human rights defenders as their defence. When there was a violation of the law that endangered the lives of others, it had to be prosecuted.

No exceptional measures contrary to Article 2 of the Convention had taken place, explained a delegate. No exceptional measures were in place to combat terrorism.

Kuwait recognized the definition of torture as per Article 1 of the Convention.

The delegation said that those engaging in illegal activities, such as prostitution, were deported to their countries at the expense of the State of Kuwait.

Kuwait had a developed legal structure, with a number of different entities, which had decided that the reservation to Article 20 would stand for the time being.

Being a conservative society, it could not be guaranteed that female prison wardens would be appointed any time soon, even though moves were being made in that direction.

The 1951 Refugee Convention and the 1967 Protocol would be ratified when the State party felt the need for it. When Kuwait received refugees, they were treated as human beings, which could be done without ratification of those instruments.

Kuwait was the only country to have invited lawyers to defend the victims of Guantanamo, said the delegation. The authorities were adamant to ensure that justice was done to those victims. The delegation would follow up on the possibility to contribute to the Voluntary Fund for the Victims of Torture. Kuwait supported the Office of the High Commissioner for Human Rights and the United Nations Refugee Agency.

Sometimes a crime was so heinous that capital punishment was definitely warranted, stressed the delegation.

Regarding monitoring the situation of workers, the delegation said that inspection activities were unannounced and took place across the country.

The delegation informed that Parliament had taken actions to criminalize domestic violence. The community police took all necessary steps to protect the victims of violence, who met with doctors and psychologists, and received legal assistance. If a rape was committed, no difference was made between Kuwaiti and foreign nationals, said the delegation.

Concluding Remarks

JAMAL ALGHUNAIM, Permanent Representative of Kuwait to the United Nations Office at Geneva, noted that many questions had been asked, and the delegation had done its best to respond. Kuwait was an open society, and all the information was available to the Committee. The Committee was thanked for its comments and opinions which would help Kuwait further promote and protect human rights. Questions raised by Experts demonstrated their genuine desire to learn of Kuwait’s efforts to promote the Convention. The Government was committed to implementing the provisions of the Convention. Promoting human rights was one of the pillars of democracy.

JENS MODVIG, Chairperson of the Committee, reminded that the delegation could provide additional responses in writing within 48 hours.


For use of the information media; not an official record

CAT16/014F