individuals without legal status.40 In particular, in January 2015, the government launched a crackdown on “illegal residents,” with more than 100,000 people reportedly arrested.41 Administrative deportation is increasingly used to deport non-nationals for minor offences, including minor traffic violations.42 Domestic workers who leave an abusive employment relationship are considered by the authorities and employers as “runaway” or “escaped” workers and are liable to imprisonment and deportation. In this regard, the 2013 anti-trafficking legislation does not provide protection from prosecution for victims who flee an abusive employer’s residence without permission.43 The HRCttee noted with concern that Kuwait’s lacks “a maximum period of detention for persons awaiting administrative deportation and the unavailability of judicial remedies enabling such persons to seek review of the lawfulness of their detention.”44 Recommendations: • • Abolish the Kafala system in employment and replace it with a system of residency permits for all foreign workers; Ensure that administrative detention for deportation purposes is a measure of last resort and that judicial remedies are in place to review its lawfulness. 3.3.2 Torture and ill-treatment The constitution prohibits torture and other cruel, inhuman, or degrading treatment or punishment.45 However, Kuwait’s Criminal Procedure Code does not define torture in accordance with article 1 of the UNCAT.46 Moreover, torture is considered a misdemeanour and the maximum prescribed penalty of five years is not commensurate with the gravity of the crime.47 40 US department of State, 2018 Country Reports on Human Rights Practices: Kuwait, 13 March 2019, https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/kuwait/ (accessed 10 July 2019). 41 M. Sophia, Kuwait to Arrest 100,000 Illegal Expats, Gulf Business, 22 January 2015, http://gulfbusiness.com/2015/01/kuwait-arrest-100000-illegal-expats/#.Vi-F0xCrRTY (accessed 10 July 2019). 42 Global Detention Project, Kuwait Immigration Detention, last updated: January 2016, https://www.globaldetentionproject.org/countries/middle-east/kuwait (accessed 10 July 2019). 43 Human Rights Council, Report of the Special Rapporteur on trafficking in persons, especially women and children, on her mission to Kuwait, 21 April 2018, A/HRC/35/37/Add.1, para 15. 44 HRCttee, Concluding observations on the third periodic report of Kuwait, 11 August 2016, CCPR/C/KWT/CO/3, para. 28. 45 Article 31 of the Constitution of Kuwait states: [n]o person may be arrested, imprisoned, searched, have his residence restricted or be restrained in liberty of residence or of movement save in conformity with the provisions of the Law.” 46 Committee against Torture, Concluding observations on the third periodic report of Kuwait, 5 September 2016, CAT/C/KWT/CO/3, para. 7. 47 Ibidem. 12 UPR KUWAIT