CAT/C/KWT/CO/2
Monitoring and inspection of places of detention
9.
The Committee takes note of the statement in the replies to the list of issues that,
according to the Judiciary Reorganization Act (23/1990), Act No. 26 of 1962 and article 56
of decree-law No. 23 of 1990, the Kuwaiti legislation guarantees several types of control
and supervision over prisons. However, the Committee is concerned at the lack of
systematic and effective monitoring of all places of detention, including regular and
unannounced visits to such places by national and international monitors (art. 2).
The Committee calls upon the State party to establish a national system to
effectively monitor and inspect all places of detention and follow up on the outcome of
such systematic monitoring. This system should include regular and unannounced
visits in order to prevent torture and other cruel, inhuman or degrading treatment or
punishment. The State party is encouraged to accept monitoring of places of detention
by relevant international mechanisms.
Complaints and prompt, thorough and impartial investigations
10.
While noting that, according to the information provided to the Committee during
the dialogue, the Kuwaiti Ministry of Interior has set up a special department to record
public complaints and to follow up on grievances of abuse of authority filed against any
officer working at the Ministry of Interior, the Committee regrets the lack of an
independent complaint mechanism for receiving and conducting prompt, thorough and
impartial investigations of torture reported to the authorities, and for ensuring that those
found guilty are appropriately punished (art. 13).
The State party should establish a fully independent complaint mechanism,
ensure prompt, impartial and full investigations into all allegations of torture and
prosecute alleged perpetrators and punish those who have been found guilty.
11.
While noting that for the period of 2001 – 2011 there were 632 trials on cases of
torture, ill-treatment and corporal punishment, and that in 248 cases sentences perpetrators
were punished, the Committee however notes that the State party failed to provide
information on the exact types of penalties applied to the convicted perpetrators (arts. 4, 12
and 13).
The Committee requests the State party to provide information, including
statistics, on the number of complaints filed against public officials on torture and illtreatment, as well as about the results of the proceedings, at both the penal and
disciplinary levels, with examples of relevant sentences.
12.
The Committee deeply regrets the death of Mohamed Ghazi Al-Maymuni Al-Matiri,
subjected to torture in January 2011 by the law enforcement officials while he was in police
custody. The Committee takes note of the indictment of 19 persons who participated in acts
of torture related to this case (art. 12).
The Committee requests the State party to provide detailed information on the
judicial developments concerning this case, as well as on measures of compensation to
the relatives of the victim.
13.
The Committee expresses its concern at the case of eight persons released from
Guantanamo Bay and returned to Kuwait who are allegedly arrested and tried in Kuwait
upon their return.
The Committee requests the State party to provide information on the exact
circumstances of this case, as well as on any new judicial development.
14.
The Committee notes that in the concluding observation of the Human Rights
Committee of 2000 (CCPR/CO/69/KWT, para.11) reference was made to a list of 62
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