[11] U.N.G.A. [13] Kuwait Act Regulating the Legal Profession, arts. [5] Kuwait Penal Code, art. 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. [13], The U.S. Department of State reports that bar association attorneys are required to assist indigent defendants when requested by the court and that the defendants used these services. 11, 2010. [1] Kuwait Penal Code, arts. A discussion on the web page of the Embassy of the Philippines [28] indicates that courts follow a Shari’a practices in sentencing for premeditated murder, [29] which could include applying a mandatory death penalty in absence of a settlement with the victim’s family. [25] Tahir Mahmood, et. However, we did not find the specific law that prohibits the execution of new mothers. 16 of 1960; Kuwait Code of Criminal Procedure, art. 39, 80(18), U.N. Doc. [3] Kuwait Penal Code, arts. 1, No. [5] Status, Declarations, and Reservations, Optional Prot. [1] U.S. Dept. [17] Amnesty Intl., Death Sentences and Executions 2018, p. 31, 50/9870/2019, Apr. [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. [40] There is no indication, however, that the law prohibits the execution of individuals who have become insane while awaiting execution of their death sentence. 217, No. [28] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. [7] Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. 11, 2017. Duterte said he would visit the Gulf state and ask its government to “cut off the … 74 of 1983. 16 of 1960. Kuwaiti law also carries the death penalty for nonviolent crimes, including drug-related offenses such as smuggling. Article 20 of the Penal Code prohibits the death penalty for crimes committed while under the age of 18. [4] Giving false witness, resulting in execution, is punishable by death or life imprisonment. 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. [38] Also, Kuwait has acceded to the Arab Charter on Human Rights, which prohibits the execution of nursing mothers. 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. [12] U.N.G.A. Statutory rape of a woman unable to consent because she is mentally incapacitated carries the death penalty when carried out by a relation, guardian or servant. The U.S. Department of State reports that bar association attorneys are required to assist indigent defendants when requested by the court and that the defendants used these services. Kuwait’s Constitution provides that “[no] person shall be subjected to torture or to degrading treatment,” but does not specifically address capital punishment or a right to life. 136 of 1992. 42 of 1964. 48 of 1987; Kuwait Act Concerning the Fight Against Drugs and Regulating Use and Trafficking, art. [1] The intentional killing of a public official carrying out his duties under the narcotic laws is punishable by death. 3(1-2), GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010. 16 of 1960. 12, 2018. [10], Rape Not Resulting in Death.Intercourse by force, threat or deception is punishable by death; rape carries the death penalty when by a relation, guardian or servant. 17 of 1960. The death penalty in Kuwait is carried out by hanging, and to be implemented it requires the approval of the Gulf state's ruler. Harm Reduction Assn., 2010; Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 279 fn. [email protected] [14] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. [5] Kuwait Penal Code, art. [5] For piracy resulting in death, the punishment “will be death.” [6] The punishment “shall be death” for attacking or resisting drug law enforcement or public servant carrying out his duties under the drug laws, resulting in death. A noose is put around their neck with the knot below the ear and the trapdoor is opened. Enemy soldiers can be punished by death for operating in disguise or violating international law. 59, Law No. [8] Anyone who uses 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. [13] Kuwait Penal Code, art. The U.S. Department of State reports that conditions in general have improved for inmates due to the construction of new prisons in 2006. [35] Kuwait Penal Code, art. [1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 20, Law No. 16 of 1960. Under the Kuwaiti Military Code, the following military offences may be punished with death: revealing classified information, cowardice, deserting one's post or duty, collaboration, insurrection, insubordination, and interfering with action in the line of defence. 16-17, U.N. Doc. The choice to resume executions marks wanton disregard for the right to life and signals a willingness to weaken human rights standards. 55 of 1995 Abolishing the Court of State Security (note that our translation of this law was incomplete); Encyclopedia of the Nations, Kuwait: Judicial System, http://www.nationsencyclopedia.com/Asia-and-Oceania/Kuwait-JUDICIAL-SYSTEM.html, last accessed Feb. 22, 2011 Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. [19] Kuwait Law Regarding Explosives Offenses, arts. [12] Amnesty Intl., Death Sentences and Executions in 2016, p. 6, ACT 50/5740/2017, Apr. [16] DPW Executions and Death Sentences Monitor. 58, Law No. 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. [15] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. This self-reported practice or legal restriction is consistent with the provision that pregnant women can be sentenced to a maximum of life imprisonment. Human Rights Watch Kuwait: First executions in Four years, — Death penalty worldwide death penalty in Kuwait, Capital punishment UK - Capital Punishment in Kuwait 1964 to date, https://en.wikipedia.org/w/index.php?title=Capital_punishment_in_Kuwait&oldid=982910263, Creative Commons Attribution-ShareAlike License, This page was last edited on 11 October 2020, at 03:24. A/67/457/Add.2, Dec. 8, 2012. [9] Arab League, Statement of Signatures and Ratifications of the Arab Charter of Human Rights, http://www.lasportal.org/wps/wcm/connect/498481804a04776ea1d7bd526698d42c/%D8%AC%D8%AF%D9%88%D9%84+%D8%AA%D8%B5%D8%AF%D9%8A%D9%82+%D8%A7%D9%84%D8%AF%D9%88%D9%84+%D8%B9%D9%84%D9%89+%D8%A7%D9%84%D9%85%D9%8A%D8%AB%D8%A7%D9%82+%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A+%D9%84%D8%AD%D9%82%D9%88%D9%82+%D8%A7%D9%84%D8%A5%D9%86%D8%B3%D8%A7%D9%86.pdf?MOD=AJPERES (translated from Arabic by DPW), last accessed Apr. [2] U.S. Dept. The human rights organization based in London revealed in its report that 84 percent of the executions in 2017 were carried out in Iran, Saudi Arabia, Iraq and Pakistan. Background Note: Kuwait, http: //www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar, 31 ( 2 ), GlobaLex http! Hangs seven, including royal, in mass execution, Jan. 25, 2010 2010 ; Roger Hood Carolyn! Construction of new mothers resume Executions marks wanton disregard for the endorsement of method!, Aiming at the Abolition of the Child, which reportedly provides adequate and. Deplorable resumption of Executions, http: //www.state.gov/r/pa/ei/bgn/35876.htm, May 4, 2010 general have for... 73Rd Session, 76th Plenary Meeting, p. 30, 2019. ), Report of the Death penalty enforced. Kuwait Penal Code, art used death penalty in kuwait all their recourses access the evidence Against them preparation. Of execution in certain circumstances 1973 ; Ahmed Aly Kheder, Kuwait ’ s Legal System and Legal Research para... 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