Human Rights Watch Slams Kuwait Ruling on Criticism of Ruler

Human Rights Watch Thursday blasted a ruling by Kuwait's top court to uphold a disputed law that sends people to jail for up to five years for criticizing the ruler.

The New York-based HRW said the ruling "dealt a blow to free speech."

Lawyers defending activists had asked the constitutional court to abolish article 25 of the penal code, which stipulates a jail term of up to five years for anyone who publicly "objects to the rights and authorities of the emir or faults him."

The lawyers argued that the provision suppressed freedom of speech guaranteed under the basic law.

Dozens of opposition activists and former MPs have been taken to court over the past year and sentenced to several years in jail on the basis of the provision. Emir Sheikh Sabah al-Ahmad Al-Sabah has pardoned a number of them.

"Kuwait's highest court could have created a remedy for a slew of prosecutions that violate constitutional guarantees of free speech," said Joe Stork, deputy Middle East and North Africa director at HRW. "The court squandered that opportunity."

"The authorities should drop charges against those accused or convicted of crimes solely for exercising their right to express critical views on any subject, no matter how sensitive," said HRW, which also called on parliament to revoke the disputed article.

Kuwait's constitution describes the ruler as "immune and inviolable."

In its written verdict, the constitutional court said: "It is not acceptable that the highest position in the country should be treated like other individuals."

The court, whose rulings are final, added that failure to protect the Kuwaiti ruler could threaten the unity of the oil-rich Gulf state, its internal security and the regime itself.