[7], Terrorism-Related Offenses Resulting in Death.Attacks on or interference with transportation or communications, with the goal of harming people or property, resulting in death is punishable by death or life imprisonment. 218, No. KUWAIT. 2, 2013. 48 of 1987; Kuwait Act Concerning the Fight Against Drugs and Regulating Use and Trafficking, art. [19] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. 75(1), Nov. 11, 1962, translated by: International Constitutional Law. [1] U.N. CCPR, Human Rights Committee, Consideration of Reports Submitted by State Parties under Article 40 of the Covenant, Concluding Observations and Recommendations: Kuwait, paras. Death Penalty in Kuwait Enter your search terms Submit search form: Friday, February 29, 2008. 48 of 1987; Kuwait Act Concerning the Fight Against Drugs and Regulating Use and Trafficking, art. of State, 2009 Human Rights Report: Kuwait, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. [3] Since then, there have been a total of 98 new death sentences (34 in 2018, [4] 15 in 2017, [5] 49 in 2016 [6] ), 36 commutations (14 in 2018, [7] 17 in 2017, [8] five in 2016 [9] ), ten exonerations (three in 2018, [10] two in 2017, [11] five in 2016 [12] ), two pardons in 2018, [13] and seven executions in 2017. 31(2), Nov. 11, 1962, translated by: International Constitutional Law. [4] Status, Declarations, and Reservations, Optional Prot. [7] We found no further information on her status. [2] U.N., World Macro Regions and Components, U.N. Doc. Executions in Saudi Arabia were also "significantly higher" in 2015 and 2016, according to death penalty campaign group Reprieve. 16 of 1960. [30] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. [13] Amnesty Intl., Death Sentences and Executions in 2018, p. 37, ACT 50/9870/2019, Apr. 27-29, Decree No. Jeanelyn Villavende murder: Kuwaiti court hands death penalty to female employer, 4 years in jail for husband. [16] Kuwait Act No. Mentally ill persons are excluded from this list because they cannot be held responsible for criminal charges under Kuwaiti law in any instance. A/71/484/Add.2, Dec. 6, 2016. The U.S. Department of State reports that conditions in general have improved for inmates due to the construction of new prisons in 2006. http://www.reprieve.org.uk. However, we did not find the specific law that prohibits the execution of new mothers. 20, Law No. 16 of 1960. of State, Background Note: Kuwait, http://www.state.gov/r/pa/ei/bgn/35876.htm, May 4, 2010. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. [7] Amnesty Intl., Death Sentences and Executions in 2018, p. 37, ACT 50/9870/2019, Apr. 42 of 1964. 135, U.N. Doc. [3] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, May 7, 2010; Amnesty Intl., Urgent Action: Migrant Worker Faces Execution, MDE 17/001/2010, Jan. 25, 2010. Villavende was killed by her female employer in Kuwait due to jealousy on December 28, 2019. Sources report multiple foreign nationals under sentence of death in Kuwait. 16, 2010. The report does not specify whether migrants are held at this center facing or convicted of capital charges. [11] Amnesty Intl., Death Sentences and Executions in 2017, p. 32, ACT 50/7955/2018, Apr. A/63/716, Feb. 12, 2009. [5]. 10, 2019. to the ICCPR, 999 U.N.T.S. After a person is sentenced to death in a Kuwaiti court, their case is automatically reviewed by the Court of Appeal, of whom take into consideration the crime, evidence reviewed by the court, the previous convictions of defendant and other factors. Indian national gets death penalty in Kuwait Get link; Facebook; Twitter; Pinterest; Email; Other Apps; Published Monday, September 23, 2019 Rajinder Singh, a resident of Taragarh village at Jalandhar Road, has been sentenced to death in Kuwait for drug trafficking. [6] Amnesty Intl., Death Sentences and Executions in 2016, p. 30, ACT 50/5740/2017, Apr. [2], Yes. [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. 50, Law No. This self-reported practice or legal restriction is consistent with the provision that pregnant women can be sentenced to a maximum of life imprisonment. 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. [12], Kidnapping Not Resulting in Death.Kidnapping by force, with the intent to kill, harm, engage in sex, disgrace the victim, force the victim into prostitution, or extort something from the victim or another party “shall be punished by death.” [13], Treason.Drug trafficking “shall be punished by death or life imprisonment,” the penalty “shall be death” for recidivists, public officials, those who use individuals under the age of 18 in carrying out an offense, if the criminal has created a criminal organization, or as specified for certain drugs in a schedule to the law. 16-17, U.N. Doc. 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. 17-18, U.N. Doc. The last recorded case of the death penalty being carried out in Kuwait was six years ago when a Pakistani man was executed for drug trafficking, … The press have been reported to publish images of the dead bodies in newspapers to serve as a deterrent against crime. [3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. [16]. Read more. [35] Kuwait Penal Code, art. A/69/993, Jul. A/63/430/Add.2, Dec. 4, 2008. Our use of this database was supported by a translator through the WCADP. Filipino household worker Jakatia Pawa was one of around 20 people on death row in Kuwait, according to the Cornell University Law School's Center on Death Penalty Worldwide. 16 of 1960. 18, 2013. The years immediately prior to 2007 had seen an upsurge in executions, a significant portion of which were executions of foreigners for drug trafficking offenses. 50, Law No. [13] Kuwait Penal Code, art. 26, 2009. [11] Capital Punishment U.K., Capital Punishment in Kuwait 1964 to 2010, http://www.capitalpunishmentuk.org/kuwait.html, last accessed Feb. 22, 2011. [29] Al Jazeera, Kuwait hangs seven, including royal, in mass execution, Jan. 25, 2017. 23, 2013. 217, No. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Feb. 22, 2011. 12, 2018. An accessible version of the Death Penalty Worldwide Database will be available from February. [4] Giving false witness, resulting in execution, is punishable by death or life imprisonment. 149(2)(1)-151, Law No. 136 of 1992. [2] Kuwait Decree on the Control of Psychotropic Substances and Regulation of Use and Trafficking, art. [12] The law indicates that bar association attorneys are required to represent indigent individuals by order of the court and that the court may determine their state-funded compensation and fine attorneys who do not comply. Kuwait prohibits the pronouncement of death sentences upon individuals for crimes committed while under the age of 18; [9] we found no reports of contrary practice. The last execution in the Caribbean, and the last in the Americas outside the United States, was in Saint Kitts and Nevisin 2008. [19] Some sources list the death penalty as mandatory for drug trafficking, [20] but we did not find a similar provision in the drug laws excluding the consideration of mitigating circumstances. 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. A/HRC/15/15, Jun. The choice to resume executions marks wanton disregard for the right to life and signals a willingness to weaken human rights standards. 7, 2014. [16] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. [19] Kuwait Law Regarding Explosives Offenses, arts. 17 of 1960. [16] Kuwait Act Amending Provisions of the Penal Code, art. (This question was last updated on May 30, 2019.). The death penalty in Kuwait is carried out by hanging, and to be implemented it requires the approval of the Gulf state's ruler. Aggravated Murder.Intentional murder by laying in wait, or planned murder is punished by death. ed., 1996; M. Cherif Bassiouni, ed., The Islamic Criminal Justice System, p. 203-209, Oceana Publications, Inc., 1982; Mohamed S. El-Awa, Punishment in Islamic Law: A Comparative Study, p. 69-85, American Trust Publications, 1982. Enemy soldiers can be punished by death for operating in disguise or violating international law. Japan is one of the few developed nations to retain the death penalty, with more than 100 inmates on death row, and support for it remains high. However, sanitation and lack of sufficient medical staff are problems, as reported by NGOs visiting prison facilities. 1, No. 10, 2019. 1, 8, No. 50, Law No. 136 of 1992; Ahmed Aly Kheder, Kuwait’s Legal System and Legal Research, para. [4] Capital Punishment U.K., Capital Punishment in Kuwait 1964 to 2010, http://www.capitalpunishmentuk.org/kuwait.html, last accessed Feb. 22, 2011. 7, 2014. [15] DPW Executions and Death Sentences Monitor. [37] U.N.G.A., Human Rights Council, Report of the Working Group on the Universal Periodic Review: Kuwait, para. [25] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 217, No. 217, No. 17 of 1960. 16 of 1960; Kuwait Code of Criminal Procedure, art. 17 of 1960. Kuwaiti law also carries the death penalty for nonviolent crimes, including drug-related offenses such as smuggling. [13] Kuwait Law on Military Trials and Sanctions, art. [16] U.S. Dept. 36 prisoners including 6 women who were sentenced to death will be executed at Nayef Palace soon, these people have been convicted of various charges like … [8] 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. [12] Kuwait Penal Code, arts. 3, GlobaLex, http://www.nyulawglobal.org/Globalex/Kuwait.htm#thejudicialauthority, Feb. 2010 [8] Kuwait Penal Code, art. of State, 2009 Human Rights Report: Kuwait, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136072.htm, Mar. [23] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 58, Law No. [15], The U.S. Department of State reports that defendants are presumed innocent and have the right to confront their accusers and to appeal. 177, Nov. 11, 1962, translated by: International Constitutional Law. of State, Background Note: Kuwait, http://www.state.gov/r/pa/ei/bgn/35876.htm, May 4, 2010. [5], We did not find any published cases concerning the death penalty; however, they may exist in the official Gazette. U” who was accused of killing the policeman Turki Al-Anzi by running into him at the Dasman roundabout during the National Day celebrations in 2016. 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