•
•
Provide legal protection to foreign workers, including female domestic workers, against
exploitation, ill-treatment and abuse;
Ensure that no person is expelled, returned or extradited to a country where there is a
risk of torture in accordance with the non-refoulement obligation.
3.3.3 Death penalty and summary executions
Kuwait rejected all recommendations on establishing a moratorium on executions and
abolishing the death penalty during the last UPR cycle.55
In fact, the implementation of the death penalty was resumed in Kuwait during the reporting
period, with seven individuals executed by hanging in January 2017.56 Furthermore, the
number of death sentences issued by courts saw an alarming increase.57
In its 2016 Concluding Observations, the HRCttee highlighted that domestic laws continue to
impose “the death penalty for offences that do not meet the threshold of the “most serious
crimes” […], including drug-related offences”.58 Moreover, Law No. 31 of 1970 continues to
impose a mandatory death penalty for vaguely defined state security crimes.59
Recommendations
•
Establish a moratorium on executions with the aim of abolishing the death penalty.
3.4 Independence of the judiciary
Kuwait accepted several recommendations on consolidating the rule of law during its last
UPR.60 However, its judicial system lacks independence from the executive.
55
Not supported: 157.2 (Slovenia); 157.4 (Portugal, Spain); 157.10 (Brazil); 157.3 (Australia); 157.5
(Namibia); 157.121 (Slovenia); 157.122 (Spain); 157.123 (Rwanda); 157.124 (Italy); 157.125.
(Uruguay); 157.126 (Togo); 157.127 executions (Belgium); 157.128 (France); 157.129 (Sweden);
157.130 (Greece); 157.131 (Montenegro); 157.132 (Bulgaria); 157.133 (Namibia); 157.134 (Portugal);
157.135 (Chile); 157.136 (Germany); 157.137 (Switzerland); 157.138 (Ukraine).
56
Human Rights Watch, Kuwait: First Executions in 4 Years, 26 January 2017,
https://www.hrw.org/news/2017/01/26/kuwait-first-executions-4-years, (accessed 8 July 2019).
57 Number of death sentences issued: 14 in 2015, 49 in 2016, more than 15 in 2017, and 34 in 2018.
See: Amnesty International, Amnesty International Global Report – Death Sentences And Executions
2015, pg. 7; Amnesty International Global Report – Death Sentences And Executions 2016, pg. 5;
Amnesty International Global Report – Death Sentences And Executions 2017, pg. 7; Amnesty
International Global Report – Death Sentences And Executions 2018, pg. 11.
58 HRCttee, Concluding observations on the third periodic report of Kuwait, CCPR/C/KWT/CO/3, 11
August 2016, para. 22(b).
59 Available at: see: http://www.gcc-legal.org/LawAsPDF.aspx?country=1&LawID=1065, (accessed 11
July 2019), article 1.
60 Supported: 157.160 (Nicaragua); 157.161 (Cuba); 157.162 (Côte d’Ivoire); 157.163 (Bosnia and
Herzegovina); 157.159 (Senegal).
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UPR KUWAIT