50, Law No. [19] Kuwait Law Regarding Explosives Offenses, arts. These were the first executions that have been carried out in Kuwait since 2013, when Kuwaiti authorities executed five prisoners. 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. 17 of 1960. [14] Kuwait Law Regarding Explosives Offenses, arts. A noose is put around their neck with the knot below the ear and the trapdoor is opened. ST/ESA/STAT/SER.R/29, 2000. 12, 2018. In 2013, five men were executed while police, judicial officials and journalists watched. FIVE MEN EXECUTED FOR MURDER, DRUG SMUGGLING, RAPE. 17 of 1960; Kuwait Constitution, art. 3, GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010 [7] Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. [6], Yes. [3] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, paras. 16 of 1960; Kuwait Code of Criminal Procedure, art. A/67/PV.60, Dec. 20, 2012. United Nations projections are also included through the year 2100. [13] U.N.G.A., Note Verbale dated 13 September 2019, U.N. Doc. 18, 2013. [40] Kuwait Code of Criminal Procedure, art. [2]. [13] 39, U.N. Doc. [9], Terrorism-Related Offenses Not Resulting in Death.Anyone who uses or plans to use 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. 31, 31(2), 32(2), Law No. 11, 2010. [13] Kuwait Law on Military Trials and Sanctions, art. [15] Kuwait Act Regulating the Legal Profession, arts. 17-18, U.N. Doc. 83, Law No. [7], A death sentence cannot be executed without the approval of the Emir, who without legal restriction may issue a pardon or commute a sentence. [29] Al Jazeera, Kuwait hangs seven, including royal, in mass execution, Jan. 25, 2017. 2, 2013. 149(2)(1)-151, Law No. [7] Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. The choice to resume executions marks wanton disregard for the right to life and signals a willingness to weaken human rights standards. of State, 2009 Human Rights Report: Kuwait, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. Our use of this database was supported by a translator through the WCADP. [10] U.S. Dept. 218, No. [21] Patrick Gallahue & Rick Lines, The Death Penalty for Drug Offenses: Global Overview 2010, p. 16-17, Intl. 16 of 1960; Kuwait Code of Criminal Procedure, art. 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. [12] U.N.G.A. [1] U.S. Dept. 54-71 U.N. Doc. [2] Kuwait Decree on the Control of Psychotropic Substances and Regulation of Use and Trafficking, art. 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. A/65/PV.71, Dec. 21, 2010. 50, Law No. [30] Tahir Mahmood, et. Tel 020 7553 8140 31(2), Nov. 11, 1962, translated by: International Constitutional Law. 16, 2010 [6] Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. Capital cases involving terrorism-related offenses [14] that, prior to 1995, fell under the jurisdiction of the State Security Courts (which have now been abolished), [15] are now tried in ordinary criminal courts; they are reviewed by a cassation court but not by the Court of Appeal. [9], Serious criminal cases are submitted to a higher court for automatic review. [15] Kuwait Act Amending Provisions of the Penal Code, arts. 31, 2015. 48 of 1987; Kuwait Act Concerning the Fight Against Drugs and Regulating Use and Trafficking, art. [14] We therefore estimate there are around 54 people on death row. 59, Law No. Since 2002, executions have occurred at Nayef Palace, but not in public as was the case before. [5] Kuwait Penal Code, art. 3(5), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. 73rd session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, para. The death penalty is enforced rarely, however, with the last execution occurring in 2017. 11, 2017. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Feb. 22, 2011. [35] Kuwait Penal Code, art. Kuwaiti Envoy Says Suspect in Pinay Rape Case May Face Death Penalty. 41-44, 46, 56, 63, Decree No. [5] Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. [24] Embassy of the Philippines to Kuwait, Penal Law Issues and Punishments, http://www.philembassykuwait.gov.kw/sharia_penallaw.html, last accessed Feb. 22, 2011. [32] Kuwait has acceded to ICCPR [33] and the Convention on the Rights of the Child, [34] which also prohibit this practice. [7] Status, Declarations, and Reservations, Second Optional Prot. Death penalty Kuwaiti lawmakers called for the capital punishment for the defendants, Gulf News reported. [3] Amnesty Intl., Death Sentences and Executions in 2015, p. 51, ACT 50/3487/2016, Apr. [11] Capital Punishment U.K., Capital Punishment in Kuwait 1964 to 2010, http://www.capitalpunishmentuk.org/kuwait.html, last accessed Feb. 22, 2011. [9] Kuwait Law Regarding Explosives Offenses, art. [1], Members of the Human Rights Council pursuant to Universal Periodic Review of human rights in Kuwait made observations and recommendations: Kuwait supported the recommendation that it meet minimum standards in the application of the death penalty, particularly regarding restriction of the death penalty to the most serious crimes; Kuwait did not support recommendations that it establish a moratorium on the death penalty, prolong a moratorium on executions or consider abolishing the death penalty de jure. 16 of 1960. 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. 3-4, U.N. Doc. of State, Background Note: Kuwait, http://www.state.gov/r/pa/ei/bgn/35876.htm, May 4, 2010. A/71/484/Add.2, Dec. 6, 2016. A/62/439/Add.2, Dec. 5, 2007. [13] Amnesty Intl., Death Sentences and Executions in 2018, p. 37, ACT 50/9870/2019, Apr. [12] [1] U.S. Dept. [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. 3, GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010 [8] Kuwait Penal Code, art. 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. 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. 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. 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. [10] Historically, most executions in Kuwait are of foreigners. 16-17, U.N. Doc. al., Criminal Law in Islam and the Muslim World: A Comparative Perspective, p. 85-88, Institute of Objective Studies, 1st. Terrorism resulting in Death.Terrorist attacks using Explosives and resulting in Death prohibits application of mitigation for terrorism resulting Death.Terrorist! Death row death penalty in kuwait Urgent Action: Migrant Worker Faces execution, Jan. 25, 2010 officials and watched... 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